外层空间法

B. Krivokapich
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引用次数: 0

摘要

考虑到征服宇宙的突然突破是可以预期的,关于支配外层空间及其内部关系的法律的一些基本问题可能会被触发,首先是如何称呼这一法律以及它的真正内容是什么。本文的第一部分讨论了这一法律分支的命名,并得出结论,目前“外层空间法”一词是最好的和被广泛接受的。在第二部分中,作者指出,许多科学论文甚至官方文件根本没有定义外层空间法。甚至有观点认为,外层空间是一种根本无法定义的现象,这表明也不可能定义一种宇宙权利。发件人认为,应区分各国的国家空间法和国际空间法(狭义的空间法是国际法的一个分支,其中载有关于空间和空间内关系的法律规则,特别是空间及其所载天体的制度、空间的探索和利用、空间航行制度、宇航员和空间物体的法律地位)。空间活动等造成损害的国际法律责任)。在明确说明这一点的情况下,人们也可以谈论广义的空间法,除了狭义的空间法规范外,还包括作为软法、国家与非国家实体之间的协定和法律惯例一部分的规范,甚至在某种程度上也包括所谓的规范。元法(可能有一天支配人类和其他世界生物之间关系的法律)。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Outer space law
Given that sudden breakthroughs in conquering the cosmos are expected, some basic questions about the law governing relations in respect to outer space and in it can be expected to be triggered, starting already with the issue how one has to call that law and what is its real content. The first part of the paper deals with the naming of this branch of law and concludes that for the time being the term outer space law is the best and widely accepted. In the second part, the author states that many scientific papers and even official documents, do not define outer space law at all. There are even opinions that the outer space is a phenomenon which cannot be defined at all, suggesting that it is not possible to define a cosmic right either. The author considers that a distinction should be made between national space law of states and international space law (space law in the narrow sense a branch of international law containing legal rules governing relations in respect to the space and in the space, and in particular the regime of that space and celestial bodies it contains, exploration and exploitation of the space, the regime of navigation in the space, the legal position of the astronauts and space objects, international legal liability for damage caused by space activities, etc.). When so is clearly stated, one can also speak of space law in a broad sense, which, in addition to the norms of space law in the narrow sense, would include norms that are part of soft law, agreements and legal customs between states and non-state entities, and even at some point so-called. metalaw (law that may one day govern relations between humanity and creatures of other worlds).
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