空间法、主题和管辖:1963年以前时期

V.K. Marinich, M.I. Myklush
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引用次数: 1

摘要

本文是对1958年至今这一时期空间活动管制的过程和结果进行的广泛研究的延续,其目的是对整个空间活动时期通过的国际文件进行深入分析。这篇文章的重点是试图回答一些有争议的或未解决的问题,这些问题与调节外层空间和天体的关系有关。因此,例如,关于以下主题仍有许多不同的理论和讨论:空间法是否存在,如果存在,哪些文件可归因于其来源?谁可以成为空间法的创始人,在多大程度上?什么是空间活动和空间法的主体和客体?当然,最重要的问题之一是空间活动主体和空间法的管辖权问题。要理解这一点,有必要回到规制空间活动进程的起源,即1958-1963年期间,外层空间和天体的技术探索刚刚开始,这一领域的第一批也是最重要的文件,即第一批决议和联合国宣言获得通过。本文通过对这些文件及其形成环境的分析,并考虑到科学家的各种意见和法学理论的基本假设,甚至考虑到人性的一些哲学方面,试图界定和描述空间法的本质、现有的和可能的空间和领土管辖权以及空间活动参与者的主客体构成。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Space Law, Subjects and Jurisdictions: pre-1963 period
This article is a continuation of an extensive study of the process and results of the regulation of space activities over the period from 1958 to the present, the purpose of which is a deep analysis of international documents adopted over the entire period of space activities.The article is focused on an attempt to answer some controversial or unresolved issues related to the regulation of relations in outer space and on celestial bodies.Thus, for example, there are still many different theories and discussions on the topic: Does space law exist or not, and provided it exists, what documents can be attributed to its sources? Who can be the founder of space law, and to what extent? What can be the subjects and objects of space activities and space law? And, of course, one of the most important issues is the question of the jurisdictions of subjects of space activities and space law.To understand this, it is necessary to return to the origins of the process of regulating space activities, namely, during the period 1958-1963 years, when the technical exploration of outer space and celestial bodies had just begun and the first and most important documents in this area were adopted, namely, the first Resolutions and UN Declaration.Based on the analysis of these documents and the circumstances in which they were created, as well as taking into account the various opinions of scientists and the basic postulates of the theory of law, and even taking into account some philosophical aspects of human nature, this article attempts to define and describe the essence of space law, existing and possible spatial and territorial jurisdictions and also the subject-object composition of partici-pants in space activities.
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