Concept of Humanity in International Outer Space Law

  • Avgust Rubanov
Keywords: international outer space, humanity, international treaty

Abstract

Rubanov Avgust - Senior Researcher, Institute of State and Law, Russian Academy of Sciences, Doctor of Juridical Sciences. E-mail: civillaw@igpran.ru
Address: Znamenka St., 10, Moscow, Russian Federation

The publication contains the interpretation of such a fundamental legal concept as the mankind in terms of international outer space law which has become a component of public law since the second part of the 20th century. The topicality of the law is seen in the tendency toward the overpopulation of Earth. The author argues that the source of outer space law is an international treaty. Such a document contains legal norms which provide all the states with certain rights and imposes obligations. It has been stated that legal concepts fixed in an international treaty may be universal depending on the number countries participating in the treaty. Common norms of international outer space law were made up in a relatively short period 1963 – 1976. The norms are: 1) Test Ban Treaty, 2) Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, 3) Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space. As auxiliary documents two more may be mentioned. i.e.Convention on International Liability for Damage Caused by Space Objects and Convention on Registration of Objects Launched into Outer Space. The Treaty on Principles refers regularly to the interests of the mankind. Its preamble states great perspectives being opened for the mankind in the outer space. This treaty and Agreement on the Rescue of Astronauts, the Return of Astronauts presents astronauts as representatives of the mankind in the outer space. Both international conventions mentioned above start with words on the mankind. Referring to the RF Constitution proclaiming Russia part of the international community, the author makes a conclusion that the international treaties and conventions in question is binding for the Russian Federation.

Published
2012-02-06
How to Cite
Rubanov A. (2012). Concept of Humanity in International Outer Space Law. Law Journal of the Higher School of Economics, (3), 3-6. Retrieved from https://law-journal.hse.ru/article/view/21375
Section
Legal Thought: History and Modernity