Space law in modern international law. International space law Concept and essence

International space law- a branch of international law, the principles and norms of which determine the legal regime of outer space, including celestial bodies, and regulate the activities of states in the use of space.

The formation of international space law began with the launch of the first artificial Earth satellite, carried out by the USSR in 1957. A completely new sphere of human activity opened up, with great importance for his life on Earth. Appropriate legal regulation has become necessary, in which the main role, naturally, should be assigned to international law1. The creation of international space law is interesting in that it demonstrates the ability of the international community to quickly respond to the needs of life, using a wide arsenal of rule-making processes.

The beginning was made by the usual norm that appeared immediately after the launch of the first satellite. It arose as a result of the recognition by states of the right of peaceful flight over territory not only in space, but also in the corresponding section of airspace during the launch and landing of spacecraft. On this basis, the term “instant right” appeared.

The activities of states in space were automatically covered by the basic principles of international law: the prohibition of the threat or use of force, peaceful resolution of disputes, sovereign equality, etc. The next stage of the “rapid legal response” was the resolutions of the UN General Assembly, among which the Declaration of Legal Principles of Activities occupied a special place states on the exploration and use of outer space in 1963. Its provisions acquired the status of generally recognized customary norms of international law.

All this paved the way for treaty regulation, in which the central position is occupied by the Treaty on Principles for the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, 1967 (hereinafter referred to as the Outer Space Treaty), which established the principles of international space law. Even before this, the Moscow Treaty of 1963 banned testing nuclear weapons in space.

This was followed by a series agreements:

• on the rescue of astronauts - Agreement on the rescue of astronauts, the return of astronauts and the return of objects launched into outer space, 1968;
• on liability for damage - Convention on International Liability for Damage Caused to Space Objects, 1972;
• on registration of space objects - Convention on the Registration of Objects Launched into Outer Space, 1975;
• on activities on celestial bodies - Agreement on the activities of states on the Moon and other celestial bodies of 1979 (Russia does not participate in this Agreement).

A separate group consists of numerous agreements on scientific and technical cooperation in space. Another direction in the formation of international space law is the establishment international bodies and organizations. The UN created a Committee on the Peaceful Uses of Outer Space with a Legal Subcommittee, in which, according to Professor V.S. Vereshchagin, the main process of developing the norms of international space law is taking place2. Organizations have been created to regulate space communications, the International Organization of Satellite Communications (INTELSAT), the International Organization of Maritime Satellite Communications (INMARSAT). Established and regional organizations.

Within the CIS in 1991, an Agreement was adopted on joint activities on the exploration and use of outer space. Based on the Agreement, an Interstate Council was created to guide this activity. The agreement is intended to regulate the joint efforts of the parties in the exploration and use of space. A number of provisions are devoted to space complexes, financing, etc. Responsibility for interstate programs that have military or dual (i.e., both military and civilian) significance is assigned to the Joint Strategic Armed Forces.

International space law is created by the international community as a whole, but the decisive role belongs to spacefaring powers, which have committed themselves to sharing the results with other countries.

The subjects of space law, like other branches of international law, are states and international organizations. At the same time, individuals and legal entities also participate in space activities. International law places full responsibility for their activities on the relevant states. This activity is regulated by domestic law.

A number of countries, for example the USA, Great Britain, and France, have issued special laws regarding space activities. In other countries, the norms of other laws are devoted to it. Laws regulate the activities of both government agencies and private individuals. The US legislation is the most developed in this regard. Back in 1958, the US Aeronautics and Space Act was passed, followed by the US Communications Satellite Act of 1962, the US Commercial Space Launch Act of 1982 with subsequent amendments, etc.

In Russia, since 1993, the Law on Space Activities was published. He defined the goals, objectives and principles of this activity, as well as the organizational and economic foundations. The Russian Space Agency was established. A number of provisions are devoted to astronauts, international cooperation, and liability for damage caused by space activities.

Key terms and concepts

International Space Law; space; partially demilitarized zone; celestial bodies; complete neutralization; geostationary orbit; delimitation of air and outer space; space object; astronaut; space activities; launching state; international liability for damage caused by space objects; international direct television broadcasting; Earth remote sensing; nuclear power sources; non-governmental legal entities; commercial space activities; private international space law; International warranty for mobile equipment.

The formation of international space law

International space law – it's a collection international principles and norms establishing the legal regime of outer space and celestial bodies and regulating the rights and obligations of subjects of international law in the field of exploration and use of outer space and celestial bodies.

International space law, according to doctrinal assessment, has gone through three stages of development and is currently at the fourth stage.

First stage (1957–1967) begins with the development of the foundations of international space law. Pioneers in this area were the Soviet lawyer Korovin (1934) and the Czech lawyer Mandl (1932).

International documents appeared after the launch in the USSR on October 4, 1957 of the first artificial Earth satellite in the history of mankind and the establishment in 1958 as a subsidiary body of the UN General Assembly of the Special Committee on the Peaceful Uses of Outer Space (resolution 1348 (XIII) of December 13 1958). The first session of this committee was fruitless; it was boycotted by the USSR, Poland, Czechoslovakia, India and Egypt. The reason for this was inadequate representation in the committee of socialist and developing countries (three from each group) and the United States and its allies (12 countries). This injustice was eliminated in UN General Assembly resolution 1472 (XIV) of December 12, 1959 (the committee included 24 states - 7 socialist, 7 developing and 10 capitalist). This body of the UN GA received a new name - the Committee on the Peaceful Uses and Research of Outer Space (hereinafter referred to as the UN Committee on Outer Space), and acquired permanent status.

Since that time, the Committee has held annual sessions, and in 1962 it established the Legal and Scientific and Technical Subcommittees, which also meet annually. Since 1962, the Committee has made decisions by consensus. As of 2014, it already includes 76 states.

The first resolutions prepared with the participation of the UN Committee on Outer Space formulated the following principles governing space activities:

• – international law, including the UN Charter, applies to outer space and celestial bodies;
• – outer space and celestial bodies are available for exploration and use by states in accordance with international law and are not subject to appropriation by states;
• – States launching vehicles into orbit or beyond are requested to provide information to the UN Committee on Outer Space for registration of launches;

The UN Secretary-General is requested to maintain a publicly available record of information provided by launching states;

• – communications via satellites should become available to all states on a worldwide basis, excluding discrimination;
• – the expressed intention of the United States and the USSR not to place in outer space any objects containing nuclear weapons or other weapons of mass destruction and a call on all states to follow this intention and refrain from installing such weapons on celestial bodies or placing such weapons in outer space in some other way.
• On December 13, 1963, the PLO General Assembly adopted the Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space (resolution 1962 (XVIII)). It reflected the provisions of previous resolutions and a number of other principles.

The text of this Declaration, which is of a recommendatory nature, formed the basis of the Treaty on the Principles of the Activities of States in the Exploration and Use of Outer Space, including the Moon and other celestial bodies, which is legally binding for the participating states. The agreement was signed on January 27, 1967 in Moscow, Washington and London and came into force on October 10 of the same year. As of 2014, 103 states are parties to the Treaty.

The adoption of the Outer Space Treaty completed the first stage in the development of international space law. It has become a new branch of international law, reflecting specific industry principles in this area international relations:

• – the exploration and use of space is carried out for the benefit and in the interests of all countries and is the property of all humanity;
• – outer space and celestial bodies are open for research and use by all states;
• - outer space and celestial bodies are free for scientific research;
• – outer space and celestial bodies are not subject to national appropriation;
• – outer space and celestial bodies are explored and used in accordance with international law, including the UN Charter, in the interests of maintaining peace and international security and development of international cooperation;
• – states undertake not to put into orbit objects with nuclear weapons or other types of weapons of mass destruction;
• – The moon and other celestial bodies are used exclusively for peaceful purposes;
• – astronauts are considered humanity’s messengers into space;
• – States bear international responsibility for all national space activities and damage caused by space objects.

To these principles should be added the prohibition of nuclear weapons testing in outer space in accordance with the Treaty Banning Nuclear Weapons Tests in the Atmosphere, in Outer Space and Under the Sea of ​​1963.

Second stage (1968–1979) The formation of international space law is characterized by its rapid development. During this period, the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space of 1968, the Convention on International Liability for Damage Caused by Space Objects, 1972, the Convention on the Registration of Objects Launched into Outer Space, 1975 were adopted. ., Agreement concerning the Activities of States on the Moon and Other Celestial Bodies of 1979.

Space activities are acquiring an economic character. International organizations are being created that testify to the commercialization of space activities: Agreement on the International Organization of Satellite Telecommunications "Intelsat" 1971, Agreement on the Establishment international system and the Intersputnik Space Communications Organization 1971, which was revised in 1997, the Inmarsat Convention on the International Maritime Satellite Communications Organization 1976, which was revised in 1996, the European Space Agency 1975.

In 1968, the first UN World Conference on the Exploration and Peaceful Uses of Outer Space (UNISPACE-1) was held in Vienna.

Space activities have been an integral part of weapons development from the very beginning. Work is underway to create strike satellite systems and anti-satellite weapons. In 1977, the Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Means was concluded, which, in particular, contains the obligation not to resort to military or any other hostile use of environmental means that have widespread, long-term or serious consequences, as means of destruction, damage or harm. The concept of "means of influencing the natural environment" refers to deliberate management natural processes to change the dynamics, composition or structure of the Earth or outer space.

At this stage, the successful rule-making activities of the UN Committee on Outer Space are completed, since due to contradictions between various groups of states it is not possible to develop legally binding acts.

At the same time, on third stage (1980–1996) important resolutions of the UN General Assembly were adopted, containing declarations of a recommendatory nature, but having great moral and political significance. Principles for Use by States Approved artificial satellites Earths for International Direct Television Broadcasting (1982), Principles Concerning Remote Sensing of the Earth from Outer Space (1986), Principles Concerning the Use nuclear sources energy in outer space (1992) and adopted the Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and Interest of All States, with Particular Consideration of the Needs of Developing Countries (1996).

At the third stage, the struggle to prevent the military use of space continued. In 1981, the USSR submitted to the UN a draft Treaty on the Prohibition of the Placement of Weapons of Any Kind in Outer Space, and in 1983, a draft Treaty on the Prohibition of the Use of Force in Outer Space and from Outer Space in Relation to the Earth. Both projects were transferred to the Conference on Disarmament, but were not discussed on their merits.

In 1987, the Guidelines Concerning the Transfer of Sensitive Missile-Related Equipment and Technology (MTCR) were adopted. The MTCR regime currently unites more than 30 states, including the United States and Russia. The MTCR regime represents a gentleman's agreement "on unilateral restraint" in transferring to third countries ballistic missiles and their technologies.

In 1982, the second UN World Conference on the Exploration and Peaceful Uses of Outer Space UNISPACE-P was held in Vienna, the main result of which was the expansion of the UN Program on Space Applications.

Topic No. 9.

1. Concept, sources and principles of ICP.

2. legal regime of outer space and celestial bodies.

3. legal regime of space objects.

4. legal regime of astronauts.

MCP is one of the newest branches of modern small business.

The International Space Code is a set of international norms and principles governing the relations of states on the use and exploration of outer space and celestial bodies.

The sources of the ICL are predominantly international treaties. The main MDs in this area include the following:

· an agreement on the principles of activities of states in the exploration and use of outer space, including the moon and other celestial bodies. (1967 - Outer Space Treaty).

· agreement on the rescue of astronauts, the return of astronauts and the return of objects launched into outer space, 1968.

· Convention on International Liability for Damage Caused by Space Objects, 1972.

· Convention on the Registration of Objects Launched into Outer Space, 1975.

· agreement on the activities of states on the Moon and other celestial bodies, 1979. (Moon Treaty).

ICP principles:

· freedom to use outer space, the Moon and other celestial bodies without any discrimination

freedom to explore outer space, the Moon and other celestial bodies without any discrimination

· ban on the extension of state sovereignty to outer space, the Moon and other celestial bodies

· ban on private appropriation of outer space, the Moon and other celestial bodies

· the legal regime of outer space, the Moon and other celestial bodies is established and regulated only by the MP

· partial demilitarization of outer space (partial demilitarization - military equipment can be used in outer space, but only for peaceful purposes)

· complete demilitarization of outer space, the Moon and other celestial bodies (testing of any types of weapons in outer space and on celestial bodies is prohibited).

For violation of these principles, states bear international legal responsibility.

KP and NT are territories with m-n mode. those. any state has the right to use and study these objects for peaceful purposes.

The checkpoint begins at an altitude of 100-110 km above sea level. where the airspace ends.

Celestial bodies are any objects of natural origin located in the CP.

States cannot extend their sovereignty to outer space and celestial bodies.

States have the right to place various objects on the surface of celestial bodies. These objects are the property of states, but can be used by astronauts if necessary (cosmonauts of any nationality).

Neither KP nor NT can be owned by anyone. Cannot be the property of the state, individual or legal entity.

Space objects (SO) are objects of artificial origin that are launched into outer space for its research.

satellites

spaceships and their parts

KOs are owned by the states in whose territory they were registered. They are used only for peaceful purposes. There is no private ownership of KOs.

States are required to register all spacecraft that are launched into space from their territory.

The UN maintains a general register of all FBOs.

A KO located in outer space is subject to the jurisdiction of the state in which it was registered.

If the ship is owned by several states, then MD norms apply on board.

The state is responsible for technical condition CO. If a KO causes damage to any objects in the CP, or on the surface of the Earth, then the state to which the KO belongs is responsible for this damage.

Cosmonauts - crew members spaceships.

Astronauts are humanity's ambassadors in space.

Astronauts are immune. immunity is associated only with the performance by astronauts of their official duties.

In outer space, astronauts have the right to use objects belonging to any state, but only for peaceful purposes and without causing damage to these objects.

It is believed that the astronauts are at the control point in an extreme situation. Cosmonauts are not responsible if they violate air boundaries during landing. foreign country.

In principle, there are rules for landing a space object on Earth. The MP provides that if they land in another state, this is not a violation of national or international law.

a set of legal principles and norms regulating relations between states in the process of exploration and use of outer space and celestial bodies and defining their legal regime. M.k.p. is based on general international legal principles, including the principles of the UN Charter.

Excellent definition

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INTERNATIONAL SPACE LAW

branch of international law, representing a set and system of rules governing relations between states and international organizations in the scope of their activities in the exploration and use of outer space, including celestial bodies. Space exploration has become a new sphere of human activity, which has necessitated legal regulation of the relations arising in the process of its implementation. Before concluding special agreements on the exploration and use of outer space, states were guided by the basic norms and principles of general international law. On December 13, 1963, the UN General Assembly adopted, in particular, resolution 1962/XVIII, containing the Declaration of Principles Governing the Activities of States in the Exploration and Use of Outer Space, including among such principles the principle of freedom of exploration and use of outer space and the non-extension of state sovereignty to outer space. Norms relating to the regulation of certain aspects of space activities are also contained in a number of universal international acts: the Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water, 1963, and the Convention on the Prohibition of Military or Any Other Hostile Use of Means of Influence on the Natural Environment, 1977. , in the International Convention and the Regulations of the International Telecommunication Union, etc. Since 1959, the development of international legal acts of space law has been carried out by a subsidiary body of the General Assembly - the UN Committee on the Peaceful Uses of Outer Space (UN Committee on Outer Space), which includes 61 states. Under the auspices of the UN, a number of special treaties were developed and concluded, including the Treaty on Principles for the Activities of States in the Exploration and Use of Outer Space 1967, the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space 1968, the Convention on International Responsibility for damage caused by space objects 1972, Convention on the Registration of Objects Launched into Outer Space 1975, Agreement concerning the Activities of States on the Moon and Other Celestial Bodies 1979 (entered into force in 1984). The 1967 Treaty is fundamental: it established general principles and norms of space activities of states, legal status and regime of outer space and celestial bodies, fundamentals legal status cosmonauts in outer space or who have landed in an emergency outside their state, and space objects, as well as the legal regime of certain types of space activities. According to this Treaty, outer space is open to exploration and use by all States, without any discrimination, on the basis of equality and in accordance with international law; outer space, including the Moon and other celestial bodies, is not subject to national appropriation; The moon and other celestial bodies are used exclusively for peaceful purposes; the launch into orbit and other placement in space of objects with nuclear weapons and other types of weapons of mass destruction is prohibited; States bear international responsibility for all national space activities, incl. carried out by non-governmental legal entities. These general principles and norms were then developed and specified in subsequent international agreements. The emergence of a number of new uses of outer space (space communications, exploration natural resources Earth from space, meteorology, etc.) required the establishment of legal regimes for certain types of space activities. The UN Committee on Outer Space prepared and approved by the General Assembly a number of international acts, in particular, the Principles for the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting (1982), and the Principles Relating to the Use of Nuclear Power Sources in Outer Space (1992). At the UN, since 1967, the problem of the limits of spatial jurisdiction of states, i.e., has been discussed. about the border between earthly and outer space. The sources of international space law are also various international scientific and technical agreements regulating joint space activities of participating states. On the basis of such agreements, a number of local space organizations have been created (Intersputnik, Intelsat, Inmarsat, European Space Agency), multilateral and bilateral space programs are being implemented (in particular, the Agreement between the USSR and the USA on cooperation in the exploration and use of outer space for peaceful purposes 1987, Agreement on the operation of the sea launch complex 1995 between Ukraine, Russia, Norway and the USA). In the 80s In connection with the prospect of commercialization of space activities and the participation of new entities in it (private organizations, corporations, firms, companies), there has arisen a need for domestic regulation of space activities of national legal entities taking into account the State's obligations under the 1967 Treaty of Principles, in particular its responsibility for all national space activities. What these legislative acts have in common is a system of licenses for space activities, their implementation under state control. In Russia, the Law of the Russian Federation “On Space Activities” is in force in 1993 with amendments and additions in 1996. In 1993, the Russian Space Agency (RSA) was created - a federal executive body for the implementation of state policy in the field of space activities and coordination of work on the implementation of the Federal Space Program, the creation space technology for scientific and economic purposes. Within the CIS, multilateral and bilateral international treaties have been concluded regarding the space activities of the participating states, in particular - the Agreement on Joint Activities in the Research and Use of Outer Space 1991; Agreement on the procedure for maintaining and using space infrastructure facilities in the interests of implementing space programs 1992; Agreement on the procedure for financing joint activities in the exploration and use of outer space 1992; Agreement between Russian Federation and the Republic of Kazakhstan on the lease of the Baikonur cosmodrome 1994. E.G. Zhukova

9. Concept, types and form of international treaties. The procedure and stages of their conclusion

10. The procedure for the entry into force, validity and termination of international treaties.

11. Reservations to international treaties. Depository.

12. Grounds for invalidity of international treaties.

13. Methods for a state to express its consent to be bound by an international treaty.

14. Interpretation of international treaties.

15. UN: history of creation, goals, principles and organizational structure.

16. General Assembly and UN Security Council: functions, composition, order of work.

17. International Court of Justice: organization, competence, jurisdiction.

18. European Communities: main stages of development, organizational structure.

20.Human rights in international law: basic documents and their characteristics.

21. European Court of Human Rights: history of creation, structure, order of formation.

22. European Court of Human Rights: conditions of appeal, decision-making.

23. International financial and economic organizations: goals, principles, system of bodies, decision-making procedures (using the example of one organization).

24. The GATT-WTO system: main stages of development, goals and principles

25. International legal issues of citizenship: concept, procedure for acquiring and losing citizenship.

27. Cooperation of states in the fight against crimes of an international nature.

28. International legal responsibility of individuals.

29. International legal grounds for extradition.

30. International Criminal Court.

31. Diplomatic missions: functions, composition.

32. Procedure for the appointment and recall of diplomatic agents.

33. Privileges and immunities of diplomatic missions and employees.

34. Consular offices: functions, types. Procedure for appointing heads of consular posts.

35. Consular privileges and immunities.

36. Types of legal regime of the territory. Legal nature of state territory, its composition.

37. State borders: types, order of establishment.

39. Legal regime of the Arctic; Spitsbergen island.

40. Legal regime of Antarctica.

41. Internal sea waters and territorial sea: concept, legal regime.

42.Adjacent zones and the open sea: concept, legal regime.

43. Exclusive economic zone and continental shelf: concept, regime.

44. International legal regime of the “District”.

45. International channels and straits.

47. Legal regulation of international air services.

48. International legal regulation of space.

49. International legal regulation of environmental protection.

countries, bypassing the territory of the aircraft flag state; g) transportation between airports of the same foreign country. The application of any of the listed rights is determined by bilateral agreements: the interested states, the 1963 Tokyo Convention on Offenses in Aircraft, on board for the entire flight the jurisdiction of the state of its registration.

The flight is considered from the moment the engines are started for the purpose of takeoff until the end of landing - the end of the landing run of the vessel.

Exception:

1. a crime directed against citizens over whose territory the ship flies.

2. a violation is committed by a citizen of the state

3. the ship itself violated the flight rules.

48. International legal regulation of space.

The International Federation of Aeronautics (IFA) has established an altitude of 100 km as the working boundary between the atmosphere and space.

Space law is a set of norms of international law regulating relations between various states, as well as states with international intergovernmental organizations in connection with the implementation of space activities and establishing the international legal regime of outer space, the Moon and other celestial bodies. K. p. as a branch of modern international law began to take shape in the 60s. 20th century in connection with the implementation by states of space activities, which began with the launch in the USSR on October 4, 1957 of the first artificial Earth satellite in the history of mankind. The fundamental principles of international cosmos are contained in the Outer Space Treaty of 1967: freedom of exploration and use of outer space and celestial bodies; partial demilitarization of outer space (prohibition of placing any objects with nuclear weapons or any other types of weapons of mass destruction) and complete demilitarization of celestial bodies; prohibition of national appropriation of outer space and celestial bodies; extension of the basic principles of international law, including the UN Charter, to activities in the exploration and use of outer space and celestial bodies; preservation sovereign rights states on the space objects they launch; international responsibility of states for national activities in space, including for damage caused by space objects; preventing potentially harmful consequences of experiments in outer space and on celestial bodies; providing assistance to spacecraft crews in the event of an accident, disaster, forced or unintentional landing; promoting international cooperation in the peaceful exploration and use of outer space and celestial bodies.

The USSR made a significant contribution to the formation and development of the cultural sector; On his initiative, the Outer Space Treaty was concluded in 1967, and in 1968, the Agreement on the Rescue of Astronauts. In 1971 Soviet Union made a proposal to develop international treaty about the Moon, and in 1972

With a proposal to conclude a Convention on the principles governing the use by states of artificial Earth satellites for direct television broadcasting. Relevant draft agreements were presented to the UN. The Soviet Union seeks to prohibit the use of outer space for military purposes, considering such a prohibition as The best way ensuring the use of outer space exclusively for peaceful purposes. Back in 1958, the Soviet government came up with a proposal to ban the use of outer space for military purposes and on international cooperation in the field of space exploration (this proposal was included as an integral part of the Soviet draft treaty on general and complete disarmament).

KP is developing in 2 main directions. On the one hand, this is a process of concretizing and developing the principles of the 1967 treaty (the 1968 Salvage Agreement and the 1972 Convention on International Liability for Damage are the first steps in this direction). Improving space flight technology raises the question of the feasibility and possibility of establishing an altitude limit for the spread of state sovereignty in above-ground space (i.e., defining the concept of outer space); the problem of developing legal measures to prevent clogging and contamination of space deserves attention. Another direction in the development of space technology is directly related to the use of artificial Earth satellites and orbital stations for communications, television broadcasting, meteorology, navigation, and the study of the Earth’s natural resources. Important acquires international legal regulation in the field of space meteorology for the purpose of mutual exchange of meteorological data and coordination of meteorological activities of different countries.

Specialized and other UN agencies are showing significant interest in space problems, including their international legal aspect. A number of non-governmental international organizations are studying the problems of space technology: the Inter-Parliamentary Union, the International Institute of Space Law, the Association of International Law, the Institute of International Law, etc. Research centers have been created in many countries to study the problems of space technology (in the USSR these problems are being studied in various research institutions; the Commission on Legal Issues of Interplanetary Space of the USSR Academy of Sciences and the Space Law Committee of the Soviet Association of International Law have also been created).

49. International legal regulation of environmental protection.

International legal protection environment- a set of principles and norms of international law that make up a specific branch of this system of law and regulate the actions of its subjects (primarily states) to prevent, limit and eliminate damage to the environment from various sources, as well as the rational, environmentally sound use of natural resources. The concept of "environment" covers a wide range of elements related to conditions

human existence. They are distributed into three groups of objects: objects of the natural (living) environment (flora, fauna); objects of the inanimate environment (sea and freshwater basins - hydrosphere), air basin (atmosphere), soil (lithosphere), near-Earth space; objects of the “artificial” environment created by man in the process of his interaction with nature. Taken together, all this constitutes an environmental system, which, depending on the territorial sphere, can be divided into global, regional and national. Thus, the protection (conservation) of the environment is not adequate to the protection (conservation) of nature. Having emerged in the early 50s as the protection of nature and its resources from depletion and pursuing not so much conservation as economic goals, in the 70s, under the influence of objective factors, this task was transformed into the protection surrounding a person environment that more accurately reflects the current complex global problem.

Kyoto Protocol- an international document adopted in Kyoto (Japan) in December 1997 in addition to the United Nations Framework Convention on Climate Change (UNFCCC). It commits developed countries and countries with economies in transition to reduce or stabilize greenhouse gas emissions in 2008-2012 compared to 1990. The period for signing the protocol opened on March 16, 1998 and ended on March 15, 1999.

As of March 26, 2009, the Protocol has been ratified by 181 countries (these countries collectively account for more than 61% of global emissions). A notable exception to this

list are USA. The first implementation period of the protocol began on 1 January 2008 and will last five years until 31 December 2012, after which it is expected to be replaced by a new agreement. It was assumed that such an agreement would be reached in December 2009 at the UN conference in Copenhagen.

Quantitative obligations

The Kyoto Protocol was the first global environmental agreement based on a market-based regulation mechanism - the international trade quotas for greenhouse gas emissions.

The purpose of the restrictions is to reduce the total average level emissions of 6 types of gases (CO2, CH4, hydrofluorocarbons, perfluorocarbons, N2O, SF6) by 5.2% compared to the 1990 level.

Flexibility Mechanisms

The protocol also provides for so-called flexibility mechanisms:

trading in quotas, in which states or individual economic entities on its territory can sell or buy quotas for greenhouse gas emissions on national, regional or international markets; joint implementation projects - projects to reduce greenhouse gas emissions,

carried out in the territory of one of the countries of Annex I of the UNFCCC in whole or in part due to investments of another country of Annex I of the UNFCCC;

Clean Development Mechanisms are projects to reduce greenhouse gas emissions carried out in the territory of one of the UNFCCC countries (usually developing), not included in Annex I, in whole or in part through investments from an Annex I country to the UNFCCC. The flexibility mechanisms were developed at the 7th Conference of the Parties to the UNFCCC (COP-7), held at the end of 2001 in Marrakech (Morocco), and approved at the first Meeting of the Parties to the Kyoto Protocol (MOP-1) at the end of 2005.

50. Concept, sources and subject of regulation of international humanitarian law (IHL). International nuclear law: concept and main sources.

International humanitarian law- a set of international legal norms and principles governing the use of war as a tool for resolving disputes, the relations of warring parties among themselves and with neutral states, the protection of victims of war, as well as limiting the methods and means of warfare.

The international law of armed conflicts is codified in the Hague Conventions, the Geneva Conventions for the Protection of Victims of War of 1949 and their Additional Protocols of 1977, resolutions of the UN General Assembly and other documents.

The restrictions established by international humanitarian law also apply to armed conflicts of a non-international (internal) nature.

Main sources of international humanitarian law are the four Geneva Conventions for the Protection of Victims of Armed Conflicts of August 12, 1949 and two Additional Protocols to them dated June 8, 1977. These treaties are universal in nature. Thus, today there are 188 states party to the four Geneva Conventions, 152 states to Additional Protocol I, and 144 states to Additional Protocol II. International humanitarian law also includes a number of other international agreements aimed primarily at limiting the means and methods of warfare. It should be emphasized that today many norms of international humanitarian law are considered as customary norms that are binding on

all states without exception, including states that are not parties to the relevant international treaties.

IN basis of international humanitarian law there is a responsibility to protect the lives of the civilian population, as well as the health and integrity of civilians and other categories of non-combatants, including the wounded or captured, as well as those who have laid down their arms. In particular, attacking these persons or intentionally causing them physical harm is prohibited. In other words, international humanitarian law is intended to strike a balance between military necessity and humanity. Based on this principle, international humanitarian law prohibits certain acts, such as militarily useless acts committed with extreme cruelty.

International nuclear law- this is a branch of international public law, which is still in its infancy and represents a set of rules governing relations between subjects of international law in connection with their use of atomic energy. In 1956, for the purpose of effective multilateral cooperation, a universal

international nuclear organization- International Atomic Energy Agency (IAEA), as well as regional organizations - European Atomic Energy Community (Euratom), European Center for Nuclear Research (CERN), Agency for the Prohibition of Nuclear Weapons in Latin America (OPANAL), etc.

Multilateral nuclear agreements have enabled more high level international cooperation. Such agreements should include ILO Convention No. 115 for the Protection of Workers from Ionizing Radiation of 1960, the Paris Convention on Third Party Liability in the Field of Nuclear Energy of 1960, the Vienna Convention on Civil Liability for Nuclear Damage of 1963, the Physical Protection Convention Nuclear Material 1980, Convention on Early Notification of a Nuclear Accident 1986, Convention on Assistance in the Case of a Nuclear Accident or Radiological Emergency 1986, International Convention on Nuclear Safety 1994, etc.

One of the directions in the development of international atomic law is the conclusion of agreements between states and international organizations. An important role in this group of international agreements is played by bilateral and trilateral agreements on safeguards and control over nuclear facilities and materials, concluded between the governments of many states and the IAEA. Ukraine, having voluntarily become a non-nuclear state in 1994, also concluded such an agreement with the IAEA.

The Agency was created as an independent intergovernmental organization within the UN system, and with the advent of the Treaty on the Non-Proliferation of Nuclear Weapons, its work acquired special significance, since the NPT made it mandatory for each state party to enter into a safeguards agreement with the IAEA.

The purpose of the Agency’s work in the country is to ensure that work in the peaceful nuclear field is not switched to military purposes. The state, by signing such an agreement, seems to guarantee that it does not conduct military-related research, which is why this document is called a guarantee agreement. At the same time, the IAEA is a purely technical body. It cannot give a political assessment of the activities of a particular state. The IAEA has no right to speculate - the Agency works only with available facts, basing its conclusions solely on the tangible result of inspections. The IAEA safeguards system cannot physically prevent the diversion of nuclear material from peaceful to military uses, but only detects the diversion of safeguarded material or

misuse of the protected installation and initiate consideration of such facts at the UN. At the same time, the Agency’s conclusions are extremely cautious and correct.

An important component of atomic law consists of bilateral and multilateral treaties aimed at preventing nuclear armed conflict: the Treaty Banning Nuclear Weapons Tests in the Atmosphere, in Outer Space and Under Water, 1963; Agreement on measures to reduce the risk of nuclear war between the USSR and the USA, 1971; Treaty on the Prohibition of the Placement of Nuclear Weapons and Other Weapons of Mass Destruction on the Bottom of the Seas and Oceans and in Their Subsoil 197! G.; Agreement between the USSR and Great Britain on the Prevention of Accidental Nuclear War, 1971; SALT I Treaty between the USSR and the USA, 1972; Agreement between the USSR and the USA on the Prevention of Nuclear War, 1973; Agreement between the USSR and France on the prevention of accidental or unauthorized use of nuclear weapons, 1976; START I Treaty between the USSR and the USA 1991; START II Treaty between Russia and the USA in 1993, etc.

Agreements on the creation of nuclear-free zones in Antarctica, Latin America, the southern part Pacific Ocean, Southeast Asia, Africa also contribute to the prevention of nuclear war.