Public control of outer space: towards the formulation of the problem

Cheshin Andrei Vladimirovich ORCID: 0009-0000-7572-3076 PhD in Economics Associate Professor; Faculty of Secondary Vocational Education; Orsk Institute of Humanities and Technology (branch), Orenburg State University 462419, Russia, Orenburg region, Orsk, Mira, 15A niipgergo2009@mail.ru Other publications by this author     Goncharov Vitalii Viktorovich PhD in Law Associate Professor; Department of Civil Procedure and International Law; Kuban State University 350040, Russia, Krasnodar Territory, Krasnodar, Stavropol str., 149 niipgergo2009@mail.ru Other publications by this author     Petrenko Elena Gennad'evna PhD in Law Associate Professor of the Department of State and International Law, Kuban State Agrarian University named after I. T. Trubilin 350044, Russia, Krasnodar Territory, Krasnodar, Kalinina str., 13 niipgergo2009@mail.ru Other publications by this author

Malinovskii Oleg Nikolaevich ORCID: 0000-0001-6541-9046 PhD in Law Associate Professor; Department of Civil Procedure and International Law; Kuban State University Head of the Department; Kuban State University 350040, Russia, Krasnodar Territory, Krasnodar, Stavropol str., 149 niipgergo2009@mail.ru Other publications by this author

Introduction.

The issues of the legal status, exploration and use of outer space, including the Moon and celestial bodies, are widely studied in the works of N. Al Alin, ^{[2, pp. 100-109]} O. A. Volynskaya, ^{[4, pp. 7-15]} A. Vylegzhanina, ^{[5, pp. 6-30]} A.M. Korzhenyak, ^{[11, pp. 71-81]} P. N. Lozhkov, ^{[12, pp. 258-264]} A. S. Panova, ^{[15, pp. 222-227]} I. K. Chulkova, ^{[17, pp. 189-193]} as well as a number of other authors. In turn, the problems of international cooperation and interaction of subjects of civil society and public control are analyzed in detail in the works of A. A. Markov, ^{[1, pp. 3454-3463]} E. V. Berdnikova, ^{[3, pp. 6-9]} V. V. Goncharov, ^{[6, pp. 94-99; 7, pp. 80-91]} A. A. Borisova, ^{[9, pp. 78-91]} T. D. Zavyalova, ^{[10, pp. 111-121]} O. V. Nezhenets, ^{[13, pp. 230-235]} V. M. Palchenkova, ^{[14, pp. 51-56]} E. D. Kuleshova, ^{[16, pp. 86-89]} as well as some other scientists. The proportion of studies devoted to the analysis of the possibility and necessity of the control of the civil society of the peoples of the United Nations over extraterritorial objects seems insufficient, which is why the topic of this scientific article was chosen. The purpose of this scientific work is to introduce into the scientific discussion issues affecting the possibility and necessity of organizing and implementing public control (control of subjects of civil society of the peoples of the United Nations) over the processes of exploration and use of outer space. The main objectives of this scientific research should be highlighted, in particular: a) substantiation of the importance of organizing and implementing measures of public control (control of subjects of civil society of the peoples of the United Nations) over extraterritorial objects; b) substantiation of the importance for the preservation and development of human civilization of such an important extraterritorial object as outer space; c) identification and analysis of the main problems that hinder the organization and implementation of public control (control of subjects of civil society of the peoples of the United Nations) over the processes of exploration and use of outer space; d) development and justification of a system of measures to resolve these problems.

Research methods and methodology. The empirical base of the study.

A number of scientific research methods are used in the work, in particular: formal-logical; comparative-legal; historical-legal; statistical; sociological; method of analyzing specific legal situations.

As an empirical basis of this research work were: a) the norms of international law, as contained in the UN Charter, the international covenants on the civil, political, social, economic and cultural rights, Declaration of human rights and the UN treaties (in particular the Treaty on principles governing the activities of States in the exploration and use of outer space, including the moon and other celestial bodies from 10.10.1967, in the UN Convention on international liability for damage caused by space objects; the Agreement on the rescue of astronauts, the return of astronauts and the return of objects launched into outer space; the UN Convention on registration of objects launched into outer space; the Agreement governing the activities of States on the moon and other celestial bodies, etc.), the principles adopted by the General Assembly of the UN (for example, in the Declaration of legal principles governing the activities of States in the exploration and use of outer space, adopted by the UN General Assembly in its resolution 1962 (XVIII) of 13.12.1963, in the guidelines for the use by States of artificial Earth satellites for international direct television broadcasting, adopted by the UN General Assembly in its resolution 37/92 from 10.12.1982 Principles, relating to remote sensing of the Earth from outer space, adopted by the UN General Assembly in its resolution 41/65 from 03.12.1986 in the Principles relevant to the use of nuclear power sources in outer space, adopted by the UN General Assembly in its resolution 47/68 14.12.1992, the Declaration on international cooperation in the exploration and use of outer space for the benefit and in the interests of all States, taking into particular consideration the needs of developing countries, adopted by the UN General Assembly in its resolution 51/122 13.12.1996, etc.), the resolutions of the United Nations (in particular, in Resolution and In 1721 (XVI) from 20.12.1961 "International cooperation in the use of outer space for peaceful purposes," the Resolution 62/101 from 17.12.2007 "Recommendations for improving practice in registering space objects of States and international intergovernmental organizations", etc), devoted to the issues of international legal regulation of the processes of exploration and use of outer space; b) regional and international legislation (e.g., the Convention of the Commonwealth of Independent States on cooperation in the exploration and use of outer space for peaceful purposes from 28.09.2018, etc.); C) other international documents (in particular, Guidelines of the Committee on the peaceful uses of outer space for peaceful purposes for the prevention of space debris, Frames ensure the safe use of nuclear power sources in outer space, etc.); d) articles and other leading periodicals of the authors, forming the scientific doctrine of international space law and international human rights law; d) the documents related to the practical activities of subjects of public control (elements of civil society of the peoples of the United Nations).

The main text.

The modern system of international law is based on the recognition of a person, his rights and freedoms as the highest value, the observance, protection and protection of which is devoted to the activities of both international and national authorities.

This circumstance dictates the need to develop at the international and national level the institution of public control (control of the civil society of the peoples of the United Nations).

The key problem of this socio-legal institution is the issue of determining the necessary and sufficient list of objects of public control (control of the civil society of the peoples of the United Nations).

We believe that the most important place in the system of these objects is occupied by extraterritorial objects, which differ in a number of features: a) they are not to some extent under the jurisdiction of individual national states (although national legislation may contain legal norms regulating the participation of subjects of national law in the processes of development, study, use, etc. of these extraterritorial objects; b) these objects belong to the whole of humanity; c) they influence the processes of preservation and development of human civilization and its environment to one degree or another.

The number of extraterritorial objects of public control (control of the civil society of the peoples of the United Nations) is quite large. These include the continent of Antarctica, the waters of the World Ocean, outer space and celestial bodies in it, etc.

Outer space is the most important extraterritorial object.

This is due to a number of reasons:

Firstly, outer space makes up the vast majority of the material world around us (both in size and weight).

Secondly, outer space (its state, changes) directly affects the possibility of preserving and developing human civilization and its natural environment.

Thirdly, the chances of mankind to survive, preserve and develop depend on the ecological state of a part of outer space (which is directly influenced by human civilization itself) – near space.

Fourthly, certain political circles do not abandon attempts to use outer space (including near space) for purely militaristic purposes (in particular, for the deployment of weapons of mass destruction), which can lead to an aggravation of international political tension, which can escalate into a new world war.

Fifth, outer space (primarily near space) is currently an indispensable object used to place instruments and objects using modern technologies. In particular, telecommunications technologies are used to one degree or another, for example, satellites, which are currently launched daily and not one at a time.

Sixth, outer space, due to its remoteness and technical complexity for monitoring and research, is poorly controlled by civil society, which raises concerns that these processes are uncontrolled by the population of the countries of the planet.

In this regard, we believe that outer space should be carefully monitored by subjects of public control (subjects of civil society of the peoples of the United Nations).

However, the processes of this control are associated with a number of problems.

Firstly, the UN Charter and the most important international normative legal acts do not in any way consolidate the concept of public control (control of subjects of civil society of the peoples of the United Nations). This problem requires the inclusion in the UN Charter, the International Covenant on Political and Civil Rights of 12/16/1966, the Declaration of Human Rights (as well as a number of other fundamental documents) of the institute of Public control (control of the civil society of the peoples of the United Nations) with details of its principles, forms, methods, types of activities, a list of objects and subjects, etc.

Secondly, an important problem is that the norms of international space law poorly regulate the organization and implementation of public control measures (control of the civil society of the peoples of the United Nations) in relation to the processes of exploration and use of outer space by both States, international intergovernmental organizations, and private economic entities (including international non-governmental organizations).

So, in general, international space legislation includes several important segments, which we wrote about earlier in the section "Research methods and methodology. The empirical base of the study".

These documents, in particular, the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies dated 10.10.1967 (in article 2), enshrine the extraterritoriality of outer space, noting that "outer space, including the Moon and Other Celestial Bodies, is not subject to national appropriation either by proclamation on them sovereignty, neither through use or occupation, nor by any other means."

Some of them, for example, the Convention on International Liability for Damage Caused by Space Objects, provide for the need to create structures responsible for monitoring compliance with international space law (in particular, the Claims Commission), consisting of members appointed by States (those who caused the damage and those to whom the damage was caused).

The disadvantage of this Convention is that it (for example, in article 21) does not provide a mechanism for protecting the rights of injured individuals and legal entities on their own or through international non-governmental organizations (for example, human rights organizations). Only international intergovernmental organizations are included in the circle of participants in relations under this Convention.

A number of UN treaties, for example, the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, the Convention on Registration of Objects Launched into Outer Space, the Agreement on the Activities of States on the Moon and Other Celestial Bodies, also confirm that certain objects of outer space, in particular, the Moon, and Also, its natural resources are the common heritage of mankind, they are not subject to national appropriation either by declaring sovereignty over it, or by using or occupying it, or by any other means.

Article 5 of the last of the above-mentioned Agreements contains interesting provisions providing for elements of public control (control of the civil society of the peoples of the United Nations) over the activities of States on the Moon and other celestial bodies), in particular, it is noted that the States parties to the Agreement are obliged to "inform the public and the international scientific community about any phenomena they have identified in outer space, including the Moon, which could pose a threat to human life or health, as well as signs of any kind of organic life." In addition, article 14 and a number of others impose on the participating States the obligation to monitor the activities of legal entities related to the exploration of the Moon and near-lunar space, notifying the public and the international scientific community of any of the above-mentioned threats.

A number of fundamental principles adopted by the UN General Assembly also detail the problems of controlling the processes of using and exploring outer space with the involvement of civil society actors of the peoples of the United Nations.

Thus, the Declaration of Legal Principles of the Activities of States in the Exploration and Use of Outer Space (adopted by the General Assembly in its resolution 1962 (XVIII) of 12/13/1963) in paragraph 8 establishes liability to individuals and legal entities for any harm and damage caused to them by the exploration and use of outer space.

Similar points are also fixed by the Principles of the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting (adopted by the General Assembly in its resolution 37/92 of 12/10/1982), the Principles concerning Remote Sensing of the Earth from Outer Space (adopted by the General Assembly in its resolution 41/65 of 12/03/1986), the Principles concerning the Use of Nuclear Energy Sources in Outer Space (adopted By the General Assembly in its resolution 47/68 of 12/14/1992).

One of the disadvantages of the above-mentioned Principles is the lack of a mechanism for monitoring the implementation of these principles by the civil society of the peoples of the United Nations (at least in terms of requesting and providing relevant information).

The Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and in the Interests of All States, with Special Consideration for the Needs of Developing Countries (adopted by the General Assembly in its resolution 51/122 of 12/13/1996) provides for the possibility of informing the scientific community of countries about issues of this cooperation.

Interesting points related to the possibility of participation of civil society actors of the peoples of the United Nations in monitoring the processes of exploration and use of outer space are contained in various resolutions adopted by the UN General Assembly (for example, in Resolutions 1721 A and B (XVI) dated 12/20/1961 "International cooperation in the peaceful uses of outer space", in the Resolution 62/101 dated 12/17/2007 "Recommendations on improving the practice of registration of space objects by States and international intergovernmental organizations").

The first of the above-mentioned resolutions obliges States and international intergovernmental organizations to provide information to each other and international non-governmental organizations and other interested persons in the framework of issues regulated by this Resolution.

According to the second mentioned Resolution, the foundations of the principles of transparency and openness of posting information to the general public within the framework of the Resolution are consolidated.

Various other documents of international space law, in particular, the Guidelines of the Committee on the Peaceful Uses of Outer Space on the Prevention of Space Debris, and the Framework for Ensuring the Safe Use of Nuclear Energy Sources in Outer Space, play an important role in understanding the mechanism of participation of civil society actors in the processes of monitoring the exploration and use of Outer space.

These documents provide for the active participation of international environmental organizations, organizations related to nuclear disarmament, as well as a number of others, in the above-mentioned activities of international control of the civil society of the peoples of the United Nations in this area.

Within the framework of the CIS, there are also a number of documents on cooperation between the CIS countries, as well as civil society actors of these States, in the field of space exploration and use (and control over these processes), for example, the Convention of the Commonwealth of Independent States on Cooperation in the Field of Exploration and Use of Outer Space for Peaceful Purposes dated 09/28/2018.

However, public control (control of civil society actors of the peoples of the United Nations) over the processes of exploring and using outer space is fraught with a number of problems.

Firstly, the norms of international law do not detail the concept, content and limits of functioning at the international level of the institute of public control (control of the civil society of the peoples of the United Nations), which creates difficulties in organizing and implementing control measures in relation to extraterritorial objects. The solution to the problem is seen in supplementing the norms of international law with provisions that disclose this legal institution.

Secondly, the norms of international space law do not detail the grounds, limits, forms and methods of organizing and conducting the above–mentioned control measures in relation to the most important extraterritorial object of public control (control of the civil society of the peoples of the United Nations) - the processes of using and exploring outer space. The solution to this problem is seen in the incorporation into existing UN treaties, resolutions adopted by the UN General Assembly, as well as into other international legal documents of international space law, the Institute of Public Control (control of the civil society of the peoples of the United Nations) in relation to the processes of exploration and exploration of outer space.

Thirdly, an important problem is that the norms of international space law do not make clear the range of subjects of the above-mentioned public control (control of the civil society of the peoples of the United Nations) in relation to the processes of exploration and exploration of outer space. It seems that such entities can be, in particular, international associations and unions of subjects of public control (subjects of civil society).

Fourthly, a certain problem also lies in the fact that the subjects of public control (control of the civil society of the peoples of the United Nations) have historically been characterized by a meager material and technical base. The solution to this problem is seen in assistance from public budgets and budgets of international intergovernmental organizations.

Fifth, an important problem lies in the fact that the processes of exploration and exploration of outer space are extremely technologically complex. Consequently, control over them involves the use of a significant number of modern technologies, ^{[8, pp. 76-79]} which the above-mentioned subjects of public control (control of the civil society of the peoples of the United Nations) do not possess. The solution to the problem is seen in stimulating research in this area and their financing from national public budgets and budgets of specialized international intergovernmental organizations.

Sixth, an important problem is that international legislation does not establish a mechanism for bringing to legal responsibility any persons who interfere with the legitimate activities of subjects of public control (control of the civil society of the peoples of the United Nations). The solution to this problem is seen in supplementing the norms of international legislation, as well as national legislation (criminal and administrative), with appropriate criminal and administrative structures that will make it possible to bring to justice any persons who interfere with the legitimate activities of subjects of public control (control of the civil society of the peoples of the United Nations).

Conclusion.

In the course of our scientific research, we have made a number of conclusions, among which the following can be distinguished:

1. The most important place in the system of objects of public control (objects of civil society of the peoples of the United Nations) is occupied by extraterritorial objects that are to one degree or another outside the jurisdiction of individual national states (the continent of Antarctica, the waters of the World Ocean, outer space and celestial bodies in it, etc.), since they, as a rule, have of general planetary importance, they affect the processes of preservation and development of both human civilization and its habitat.

2. Among extraterritorial objects, outer space plays a key role, since: the exploration of outer space in the last decade has been carried out at a rapidly growing pace; modern telecommunications technologies are possible only with the use of outer space; outer space is the most important condition for ensuring the defense security of states; the danger of environmental pollution of near space by waste from space activities has increased; there are serious risks of additional militarization outer space (up to the placement of weapons of mass destruction in it); the activities of private economic entities in outer space are poorly controlled by the international community and the civil society of the peoples of the United Nations.

3. However, the organization and implementation of public control measures (control of subjects of civil society of the peoples of the United Nations) are associated with numerous problems, among which the following can be distinguished: a) The UN Charter and international legislation do not directly fix the grounds and limits of the implementation of this control; b) the norms of international space law do not always detail the possibility of participation of institutions civil society in the control of the exploration and use of outer space; c) there is no certainty as to which subjects of public control (control of the civil society of the peoples of the United Nations) should organize and conduct its activities for the processes of exploration and use of outer space; d) these subjects are not endowed with a set of real powers that can ensure the legality of the above-mentioned processes; e) these entities have a weak material and technical base; f) there is no mechanism for bringing to legal responsibility those responsible for countering the legitimate control activities of the above-mentioned entities.

4. The resolution of these problems will require the development and implementation of a system of measures, including the following: a) must be incorporated into the UN Charter, the International Covenant on political and civil rights from 16.12.1966, as well as in several other fundamental documents of international law, the concept, the content, the grounds and limits of implementation of the control of the civil society of the peoples of the United Nations at the international level; b) it is necessary to drill down in international instruments of international space law the Institute of public control (control of civil society actors of the peoples of the United Nations) in terms of organization and control interventions in the processes of exploration and use of outer space; C) it is necessary to extend the object composition according to the control measures include not only the activities of States, international intergovernmental organizations, governmental organizations and independent national States, but also private businesses that actively studying and mastering space (e.g., private corporations in the field of space research and transportation, in particular, Elon musk); g) should be defined in international law, the list of subjects of social control (elements of civil society of the peoples of the United Nations commissioners for the organization and implementation of the above control measures to include in their composition of international associations and unions of subjects of public control (elements of civil society of the peoples of the United Nations); d) it is necessary to expand the powers of the aforementioned entities, securing them a set of real authority, for example, to suspend the activities of private businesses in the field of research and space exploration, if there is reason to believe that their activities violate norms of international and national legislation (to address this question relevant international and national authorities); e) should expand the material and technical base of subjects of public control (elements of civil society of the peoples of the United Nations) at the expense of the national public budgets and at the expense of international intergovernmental organizations (including the UN); g) the need to intensify the processes of use of subjects of public control (civil society of the peoples of the United Nations) modern digital technologies including artificial intelligence technologies), so as a field of research and space exploration is the most modern and high-tech sphere of human activity; h) should be developed and codified in international and national legislation, a mechanism for the legal liability of persons the perpetrators of the resistance to the lawful control of the activities of the aforementioned entities.