Legal regulation of the issues of environmental safety in the conduct of space activities

Kabanbaeva G.B. doctor PhD.,

Al Farabi Kazakh National University

Space exploration as a historic leap in the science and technology of humanity in the twentieth century a strong effect on all areas of human life. The clash and contradiction between scientific - technological development and environmental protection, humanity becomes incredibly sharp. If the former scientific - technological revolution, which brought a negative impact on the environment was limited, the space age is boundless influence. Space exploration will bring to mankind in the future to improve the conditions of human life, but along with the opportunities and threats not only to present the space of human existence (Earth), but also possible near-Earth space. Thus, the problem of environmental protection in the process of space exploration beyond Earth is not limited and the surrounding atmosphere, and extends into space. In this connection, the scope of international legal settlement of environmental protection also applies to outer space, corresponding objects covering the ground, airspace and outer space.

      Attention to today environmental problems in the exploration of space by mankind, not by chance. Scientific and technological leap, and as a condition, and as a consequence of the exploration and use of outer space by mankind, the rapid development of the space industry and space activities led to a sharp increase in the impact of human activities on space exploration in the country, greatly expanded the scope of its intervention in the process of space exploration. Intensive use of terrestrial natural resources, pollution of earth, air and extraterrestrial environments, increasing the need for new sources of raw materials and energy brought mankind to the brink of a major crisis. Therefore, the task of environmental protection and sustainable use of terrestrial and extraterrestrial natural resources in the process of space exploration by mankind into a global nature of the problem, has become an urgent task of the international community of today.

Protection of the environment in the process of space exploration by mankind gradually became the center of international attention, it has become one of the important principles of international space law. International Events Environmental Protection of Nature combines the international community with the widest and diverse international cooperation between different countries. State cooperation is becoming one of the important principles and contemporary international law and international space law, as well as being one of the most important conditions to ensure the international protection of the environment.

       International legal regulation of space activities in the field of environmental security under the influence of universal international agreements (analysis and proposals)

     International space law is a major regulator of relations for the use and the protection of the environment states, it is intended to play a crucial role in the regulation of environmental activities of States in their space activities [1].

     Formation of the international legal protection of the environment happened and is happening in line with the overall process of the progressive development of international space law. Therefore, international legal regulation in this area formed under the undoubted influence of universal international agreements, such as the Moscow treaty banning nuclear weapons tests in the atmosphere, outer space and under water in 1963, the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including Moon and other celestial bodies, 1967., space liability Convention 1972, an agreement on the activities of States on the Moon and other celestial bodies, 1979. etc. All of these international legal instruments or contain important nature conservation provisions in the exploration of space by mankind, or contribute to the improvement of the earth, air and space environment [2].

      However, the growing number of multilateral and bilateral treaties aimed at preventing environmental pollution by radioactive and other hazardous substances, protection and rational use of resources, as well as the entire natural complexes. The main, decisive role in the formation of the norms of international legal regulation of environmental protection as a common space law belongs to an international treaty. As an example of the formation of the norms of international legal regulation of environmental protection by an international treaty may be (1). Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (1967.); (2). Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space (1968.); (3). Space Liability Convention (1972.); (4). The Convention on Registration of Objects Launched into Outer Space (1975.); (5). Convention on the Prohibition of Military or Any Hostile Use of Environmental Modification Techniques (1977.); (6). The Convention on the Prohibition of Military or any Other Hostile Use of Environmental Modification Techniques (1978.); (7). Agreement on activities of States on the Moon and Other Celestial Bodies (1979). And. etc.

The Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (1967). Found the consolidation of only the principal, the basic principles and norms of international legal regulation of the protection of the space and the environment. Its content is not only the prevention of pollution and other harm outer space and the surrounding environment of mankind, but also for measures of correction and compensation after the injury.

     Everyone knows that the military use of space is one of the main objectives of the developed countries at the beginning of space exploration. But any military action in space poses a serious threat to peace and security of the international community, with their particular consequence is the destruction of the existing ecological balance, pollution, and the space environment. Therefore, the rules on the prohibition of the use of military space contained in the Outer Space Treaty must become a source of international legal protection of the environment. Art. IV of the Treaty provides that: 1) "States - Parties to the Treaty undertake not to place in orbit around the Earth any objects carrying nuclear weapons or any other kinds of weapons of mass destruction, install such weapons on celestial bodies, or station such weapons in outer space kakim- or otherwise "and 2)" The Moon and other celestial bodies shall be used by all states - parties to the Treaty exclusively for peaceful purposes. The creation of the heavenly bodies on the military bases, installations and fortifications, the testing of any type of weapons and the conduct of military maneuvers. The use of military personnel for scientific research or for any other peaceful purposes is not prohibited. It not prohibited the use of any equipment or facility necessary for peaceful exploration of the Moon and other celestial bodies. " The wording of Art. IV led allegations that the article does not prohibit the use of satellites in orbit around the Earth for reconnaissance, missile defense, communications and other military purposes and that, while Art. IV proclaimed the demilitarization of the celestial bodies, is not prohibited conduct of military maneuvers in outer space and its military use, if such activities are carried out in accordance with international law and the UN Charter in general and is not aggressive in particular [3].

      We are inclined to the view that the expression "peaceful use" may not be interpreted as a "non-aggressive" that any military action should be considered as "non-peaceful" action, even if it is undertaken for defensive purposes or to maintain or restore international peace and security. However, it should be recognized that the wording of Art. IV leads to its interpretation in the sense that no space demilitarized same manner as celestial body. As for the degree of the possibility of using space for military purposes and the admissibility and use it in any non-aggressive purposes, except for the deployment of nuclear weapons and other weapons of mass destruction in orbit around the Earth, the clear answer to these questions can not be given.

The fundamental position, which became the foundation of the international legal protection of the environment from the harmful effects of space activities set forth in Art. IX of the Treaty on Outer Space: "The States - Parties to the Treaty shall pursue studies of outer space, including the Moon and other celestial bodies, so as to avoid their harmful contamination and also adverse changes in the Earth's environment as a result of extraterrestrial matter and, to this end, in the case of the need to take appropriate measures "[4]. This article is concerned, some of the most important and fundamental rules. But we should immediately point out the very general nature of this situation and some blurred obligations contained therein states. First, the Treaty we are talking about space activities. This is meant only the study and exploration of outer space, and there is no mention of the use and the use of outer space is more important in the practice space of mankind; Second, avoid harmful contamination is limited only in the scale space, and does not concern the atmosphere pollution and the earth's surface; Third adverse change in the Earth's environment is limited by the problem of contamination of extraterrestrial substance-reverse pollution, and does not apply to other causes of pollution; Fourth, the lack of the necessary interpretations of the concepts and definitions of a number of harmful contamination, adverse change, in case of need, and so on. d.

        It noted a number of lawyers internationalists in the world. So, the Chinese lawyer internationalist He Chichzhi detailed analysis of the content item. IX of the Outer Space Treaty, emphasizes the lack of clarity in this position. Indeed, if literally interpreted the provision of Article. IX. it can be concluded that the adverse changes in the environment should be avoided only as a result of extraterrestrial matter. But such effects can occur and in other reasons, for example, as a result of radioactive contamination or experiments on weather changes [5]. That is, apparently, understands this provision Chichzhi Ho, who writes that made in the Outer Space Treaty, an attempt to prevent "adverse change in the Earth's environment" is limited to reverse pollution problem of extraterrestrial matter "[6]. It is not clear as well what is meant by the term "appropriate measures", which states must accept them, who determines when it is a "necessity" of these measures, whether the concept is "appropriate measures" conduct stakeholder consultations and adoption of individual measures preventive character. Nevertheless, despite the gaps Art. IX of the Outer Space Treaty, its general character even has some advantages, as it gives the opportunity to develop further more concrete, specific rules without fear of coming into conflict with the provisions of Art. IX.

       In particular, it is not clear whether the cover "potentially harmful interference" activities for the peaceful exploration and use of pollution and other adverse environmental changes in the environment of outer space. There is no indication of what should be a procedure for consultation, as well as their legal implications.

       Note that "there is no clarity as to when to hold such consultations (immediately before the experiment, or long before him) with whom to conduct these consultations (with a particular group of countries, with all states that have expressed interest in this, or any -or international body), which is meant by international consultation and the extent to which states are obliged to take them, what are the legal implications of actions taken by the government after failing to reach an agreement as a result of consultation. "

Literature:

1. Zhukov G.P. International space law. Moscow, 1971,

2. Vinogradov S.T. International legal regulation of protection of the environment (the role of the UN mechanism). Abstract of the master's thesis. Moscow, 1981.

3. Zhukov G.P. International legal problems of space exploration. Abstract of thesis for doctorate

degree. Moscow, 1966.

4. The Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and other celestial bodies. 1963

5. Qi Zhi. Environmental Impact of Space Activities and Measures for International Protection, Journal of Space Law, Vol. 16, No. 2, pp. 117-127.

6. He Qi Zhi. Legal Aspect of Space Activities and the Environment, Space Law: Development and Scope, Ed. by N. Jasentuliyana, New York, 1992.

7. Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water 1963