Research on International Legal Responsibility of Space Development

Author: Yin Yuhai
Publisher:
Publication Date: 2004-12-01
Features: The launch of the first space object (spacecraft) in human history—the Soviet Union's artificial Earth satellite—has been more than 40 years ago. It can be said that the moment human-made space objects took to the sky was also the birth day of international space law. Today, with the rapid development of science and technology, 40 years is not a small unit of time. During this period, human peaceful space research and development have made considerable progress, and the research work of international space law, which is closely related to it, has also been greatly enriched and developed. It is well known that so far, there are five comprehensive international space law regulations concerning the exploration and research of outer space. International space law has been popularized and promoted in many countries and regions around the world. In China, an increasing number of legal scholars and government officials have devoted themselves to research activities related to space law, making the legislative and research cause of space law in our country develop rapidly. Of course, the space law research team in our country faces countless arduous tasks. One of the tasks is to establish a Chinese system of space law and find its own starting point. Meanwhile, the rapid development of space activities in various countries also inevitably requires all space lawyers to seriously consider the issues of international legal coordination related to this new type of international relationship. It can be said that the existing space law cannot meet the requirements of China's aerospace practice at all. The practical reality demands that relevant international space law research must break out of the framework of pure theoretical research and enhance its applicability, truly becoming a guarantee for China's and even human space activities. The "Convention on International Responsibility for Damage Caused by Space Objects" (hereinafter referred to as the "Convention on Liability") adopted in 1972 can be said to be a typical example of this change. This convention holds a highly special position among all other international space law treaties. The formulation of this convention is a very important step in the legalization of human space activities, because the principle of liability is a general principle of international space law. This convention differs from relatively narrow international conventions that are limited to state relations, as it includes all international relations categories related to the exploration and research of outer space. The "Convention on Liability" is the most comprehensive international convention on space activities, covering all regulatory content. At the same time, the promulgation of this convention is not just about stipulating some principles, but it includes a system of all specific regulations. Many countries participated in the formulation process of the "Convention on Liability," and their positions on different issues were very different. However, after continuous struggles and compromises, they finally found a solution acceptable to all, based on the principle of common interests, international law, and international space law principles. The solution of the convention was recognized by the international community, represented by the United Nations General Assembly. Like other major international documents, the "Convention on Liability" can be studied and analyzed from various perspectives, and its specific provisions can be explored from the perspective of practical application. It should be pointed out that although there have been frequent incidents of space objects deviating from their orbits, space objects have not yet caused serious harm. As of July 30, 1974, there were 7,353 space objects in orbit, half of which (4,149) had deviated from their orbits, and most of them had burned up in the atmosphere, with only a small part reaching the Earth's surface. In addition, many space objects have gone beyond the territorial boundaries of a country during their flight and fall, such as the 48-ton fragments of an American rocket that fell in Mozambique in January 1975. There are also examples of falls in other countries: on June 3, 1944, German rocket fragments fell on Swedish territory; on November 1960, American rocket fragments fell on Cuban territory; on February 1962, "Atlas-109" rocket fragments fell in South Africa; on June 16, 1968, Nepal informed the Secretary-General of the United Nations that metal objects suspected of being space debris were found on its territory. Argentina's representative to the "United Nations Committee on the Peaceful Uses of Outer Space" (hereinafter referred to as the "COPUOS") stated that in 1965, space debris was found in two regions of its territory. Similar statements were made by representatives of India. The U.S. Special Envoy to the United Nations reported to the Secretary-General of the United Nations on September 8, 1970, regarding the discovery of space debris. There are many reports of such falls, but very few cases of serious damage caused by falling objects, except for the harm to livestock in Cuba in 1969. The launching states of space objects have taken various measures to avoid possible harm. The technical possibility of modern space objects causing great damage is not high. The study of the "Convention on Liability" is primarily carried out from the perspective of theoretical research in international space law. Therefore, the formulation of the "Convention on Liability" has very important theoretical significance. The theoretical significance of this convention has gone beyond the scope of international space law. The formulation of the convention is a specialized international legal regulation in human history aimed at regulating state responsibility. Therefore, the convention not only solves relevant theoretical issues but also establishes correct guiding principles for the practice of human space research and development itself.