The space object has jurisdiction. Legal regime of outer space

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Very often, citizens, having received a response from the Secretariat of the European Court that their complaint has been registered and the dossier number has been provided, conclude that the court has accepted their complaint for proceedings and is ready to consider it. This is an incorrect conclusion. The court is ready to consider the complaint only after it has carefully examined whether all admissibility criteria have been met and, as a result of this study, made a positive decision on the admissibility or at least partial admissibility of the complaint. This often takes about 2-3 years. Decisions of the European Court are final and cannot be appealed. These decisions are binding on the participating states, but the decisions themselves cannot automatically overturn a conflicting decision of the court of a given state. The state is obliged to take all necessary steps to bring the legal and actual situation into compliance with the requirements of the Convention. The answer to the question of how to do this must be given by the state itself. For example, a lawsuit may be reopened, a monetary award may be made, or legal settlements may be changed. If the matter or violation itself precludes the possibility of taking specific action, then, on the basis of Article 50 of the Convention, damages should be compensated accordingly.

Thus, the European Court of Human Rights has become a legal reality for member countries of the Council of Europe, and decisions made on complaints against the Russian Federation can contribute to changing the legal situation in our country.

Conclusion

International procedures are important as guarantees and additional incentives for improving similar domestic structures.

It is necessary to develop a number of measures aimed at implementing the constitutional right of citizens to appeal to interstate bodies for the protection of human rights and freedoms, since this is far from an automatic process; the Supreme Court of Russia could become the focal point in it. Firstly, it is advisable to recognize not only the European Convention, but also the decisions of the European Court as a source of Russian law. The Plenum of the Supreme Court could become the regulatory framework that would allow courts at all levels to refer to Strasbourg case law in their decisions. Its use in the practice of Russian courts would make it possible to protect the state from an avalanche of decisions of the European Court taken not in favor of the Russian government. Secondly, it is necessary to systematically train judges to apply the precedents of the European Court, since sometimes it is difficult for them to access not only Strasbourg law, but also international documents ratified by the Russian Federation. The Order of the President of the Russian Federation dated February 13, 1996: “On priority measures related to the accession of the Russian Federation to the Council of Europe” provided for a positive decision to sign upon the entry into force of federal laws on accession to international treaties relating to participation in the Council of Europe, the Convention on protection of human rights and fundamental freedoms of November 4, 1950 and the protocols thereto. Ratification of this Convention will raise the protection of human rights and freedoms to a qualitatively new level in our country.

Task No. 2

Option 6 (R-T, E)

1. Industry principles of international economic law:
A - the principle of obtaining the greatest profit, the principle of integration of the production of complex equipment, the principle of the most complete and rational use of natural resources, the principle of corporatism of countries of one region;
B - the principle of non-discrimination, the principle of most favored nation (most favored nation treatment), national treatment, the principle of mutual benefit, preferential treatment;
C - the principle of sovereign equality of states, the principle of non-interference in internal affairs, the principle of cooperation between states.

2. Industry principles of international air law:
A - the principle of sovereign equality of states, the principle of non-interference in internal affairs, the principle of cooperation of states, the principle of conscientious fulfillment of international obligations;
B - equal right of all states to explore and use space, prohibition of national appropriation of space, compliance of space activities with international law, freedom of space for scientific research, use of the Moon and other celestial bodies exclusively for peaceful purposes, international responsibility of states for their national space activities, international responsibility of states for damage caused by space objects;

C - the principle of exclusive and complete sovereignty of states over their airspace, the principle of freedom of flight in open airspace, the principle of ensuring the safety of international civil aviation.

3. Legal status of the aircraft:
A - the aircraft has nationality, determined by the fact that it is controlled by citizens of a particular state;

4. B - the aircraft has nationality, determined by the fact of using the airspace of a particular state;

C - the aircraft has a nationality determined by the fact of its registration in a particular state.

5. Legal status of the aircraft crew:

A - is determined by the legislation of the state - the operator (owner) of the aircraft;

B - determined by the legislation of the state of registration of the aircraft;

6. C - generally not defined normatively.

7. Liability in international air law:
A - responsibility of states, responsibility of the air carrier; liability for damage caused to third parties;
B - responsibility of passengers, responsibility of dispatch services, responsibility of international organizations, responsibility of tourist organizations;

C - liability of cargo carriers, liability of insurance companies, liability of airport services.

8. Objects and subjects of international space law:
A - objects - legal relations arising in connection with the use of outer space, planets of the solar system, the Moon, artificial space objects and their components, the legal status of space crews, the legal regime for the use of the results of space activities; subjects - subjects of public international law;

B - objects - legal relations arising in connection with the use of outer space, the planets of the solar system, the Moon, artificial space objects and their components, the legal status of space crews, the legal regime for the use of the results of space activities; subjects - international and domestic research organizations, prominent scientists, observatories;

C - objects - extraterrestrial civilizations, establishing contact with other worlds, planets of the solar system, the Moon and other cosmic bodies, spacecraft and their components, research and acquired knowledge about the Universe; subject - all of humanity and civilized forms of existence of extraterrestrial intelligence.

9. Sectoral principles of international space law:

A - the principle of non-discrimination, the principle of most favored nation (most favored nation treatment), national treatment, the principle of mutual benefit, preferential treatment;

B - the principle of sovereign equality of states, the principle of non-interference, the principle of equality of peoples, the principle of non-use of force or threat of force, the principle of peaceful settlement of disputes, the principle of the equal right of all states to explore and use space, the principle of cooperation between states, the use of the Moon and other celestial bodies exclusively for peaceful purposes goals, the principle of conscientious fulfillment of international obligations in the field of space programs;

C - equal right of all states to explore and use space, prohibition of national appropriation of space, compliance of space activities with international law, freedom of space for scientific research, use of the Moon and other celestial bodies exclusively for peaceful purposes, international responsibility of states for their national space activities, cooperation and mutual assistance of states in the exploration and use of space, the obligation of states to avoid harmful space pollution.

10. Legal status of space objects:

A - the space object has jurisdiction determined by the fact of the state of construction;

B - the space object has jurisdiction determined by the fact of national registration;

C - the space object is the common heritage of all mankind and national jurisdiction does not extend to it.

11. Principles of international environmental law:

A - national use of natural resources, permissibility of radioactive contamination of the natural environment in a strictly limited area, protection of the ecological systems of the World Ocean, prohibition of military or other hostile use of means of influencing the natural environment, ensuring environmental safety;

B - inadmissibility of causing transboundary damage, rational use of natural resources, inadmissibility of radioactive contamination of the natural environment, protection of the ecological systems of the World Ocean, prohibition of military or other hostile use of means of influencing the natural environment, ensuring environmental safety;

C - inadmissibility of causing damage, rational use of natural resources, inadmissibility of radioactive contamination of the environment, protection of the ecological systems of the World Ocean, ensuring environmental safety, ensuring the restoration of environmental resources, universal and proportional participation of states in eliminating the consequences of transboundary environmental disasters.

List of used literature

1. Constitution of the Russian Federation. State Anthem of the Russian Federation.-M.: Yurait-Izdat, 2008.-48p.-(Legal Library).

2. European Convention for the Protection of Human Rights and Fundamental Freedoms (Rome, November 4, 1950) www. memo. ru/ pravo/ euro/ eucnv. htm

3. Federal Law “On Environmental Protection” dated January 10, 2002 www.consultant.ru

4. Chepurnova N.M. International law: Educational and methodological complex.-M.: Publishing center of the EAOI, 2008.-295 p.

5. Tumanov V.A. European Court of Human Rights. Essay on organization and activities. M.: Norma, 2001.p.106-107

6. Protocol No. 1k to the Convention for the Protection of Human Rights and Fundamental Freedoms (Paris, March 20, 1952) http: //zakon.kuban.ru

7. Protocol No. 11 to the Convention for the Protection of Human Rights and Fundamental Freedoms On the reorganization of the control mechanism established in accordance with the Convention (Strasbourg, May 11, 1994) http:// zakon. kuban. ru

8. Lukashuk I.I. International law. Special part M.: Beck, p.34

9. General theory of human rights M.: Norma, 1996.p.489-493

10. M.L. Entin “International guarantees of human rights - the experience of the Council of Europe” (text of speech by R. Ryssdal). M.:MNIMP, 1997, p.6

11. Kolosov Yu., Kuznetsov V. International law www.gumer.info/bibliotek_Buks/Pravo/Kolos/08.php

Posted on Allbest.ru

52. Legal status of space objects:

A - the space object has jurisdiction determined by the fact of the state of construction;

B+ the space object has jurisdiction determined by the fact of national registration;

C - the space object is the common heritage of all mankind and national jurisdiction does not extend to it.

53. Principles of international environmental law:

B+ inadmissibility of causing transboundary damage, rational use of natural resources, inadmissibility of radioactive contamination of the natural environment, protection of the ecological systems of the World Ocean, prohibition of military or other hostile use of means of influencing the natural environment, ensuring environmental safety;

54. When electing non-permanent members of the UN Security Council the following factors are taken into account:

A - the degree of state participation in maintaining international peace and security;

B is the size of the state territory;

C + principle of equitable geographical distribution.

D - status of a neutral state.

55. Which of the UN bodies has the right to decide on the use of UN armed force:

A- General Assembly;

B + Security Council;

C- UN Secretary General.

56. UN Secretary General:

A - elected by the UN Security Council;

B + appointed by the General Assembly on the recommendation of the UN Security Council;

C - elected by the General Assembly on the recommendation of the UN Security Council.

57. How is foreign real estate distributed during the collapse of the state:

A - passes to successors in equal shares;

B + passes to successors in equitable shares;

C - depending on the ratio of the annual budgets of the successor states.

59. How many independent judges does the International Court of Justice consist of?

A + 15;

60. The exclusive jurisdiction of the coastal state is exercised on the continental shelf in relation to:

A - merchant shipping;

B - fisheries;

C + extraction of non-living resources.

61. Filiation is:

A - method of loss of citizenship;

B - method of changing citizenship;

C + method of acquiring citizenship.

62. Naturalization is:

A - acquisition of citizenship by birth;

B - restoration of citizenship;

C + acquisition of citizenship at the request of the individual himself.

63. Stateless persons are:

A - persons with dual citizenship;

B + stateless persons;

C- persons who have citizenship of several states.

1. “Extradition” is
extradition of a criminal to another state
consent for the diplomat to perform his duties
access to open seaports

2. Classification of international disputes
by object (subject) of the dispute, by the degree of danger to international peace, by geography of distribution, by the number of participating entities
by place and method of resolution, by the number of participating arbitrators, by geography of distribution, by the number of participating entities
by the object (subject) of the dispute, by the place and method of resolution, by the number of participating arbitrators, by the degree of danger to international peace

3. Subject of regulation of the law of armed conflicts
social relations of third countries arising during the commission of acts of aggression
specific social relations regulating the position of the winner and loser of an armed conflict
specific social relations that develop between subjects of international law during armed conflicts

4. Filiation is
method of loss of citizenship
way to change citizenship
method of acquiring citizenship

5. Categories of the state population
adults, minors, capable, incompetent
male population, female population, adults, adolescents, children
citizens, foreigners, stateless persons

6. International rivers are rivers
flowing through the territory of two or more states
both flowing through the territory of two or more states, and flowing along the border of two or more states
flowing along the border of two or more states

7. Foreign bodies of external relations are
governmental and non-governmental diplomatic missions and missions, special missions and delegations
diplomatic missions, consular offices
diplomatic missions (embassies, missions), permanent missions to international organizations, consular offices, special missions and delegations to international conferences or international bodies

8. Diplomatic missions are
embassy, envoy mission, confidant mission
embassy, envoy mission, confidant mission, special mission and delegation to international conferences or international organizations
embassy, special mission and delegation to international conferences or international organizations

9. Types of international law
Jus cogens, universal, particular, dispositive, imperative, contractual, customary rules
administrative, criminal, civil, procedural, but complicated by a foreign element
norms of diplomatic etiquette, customs, resolutions of international conferences and organizations

10. What disputes can be considered by the International Court of Justice?
economic disputes of an international state
political disputes between states
disputes between state and citizen

11. How is foreign real estate distributed during the collapse of the state?
passes to successors in equitable shares
depending on the ratio of the annual budgets of the successor states
passes to successors in equal shares

12. Legal status of space objects
the space object has jurisdiction determined by the fact of national registration
a space object has jurisdiction determined by the fact of the state of construction
a space object is the common heritage of all mankind and national jurisdiction does not extend to it

13. Industry principles of international economic law
principle of sovereign equality of states, principle of non-interference in internal affairs, principle of cooperation of states
the principle of obtaining the greatest profit, the principle of integration of the production of complex equipment, the principle of the most complete and rational use of natural resources, the principle of corporatism of countries of one region
principle of non-discrimination, most favored nation principle (most favored nation treatment), national treatment, principle of mutual benefit, preferential treatment

14. Types of crimes against humanity include
aggression, threat to peace through aggression, preparation for the illegal use of armed force, use of weapons of mass destruction, propaganda of war
genocide, apartheid, racism and racial discrimination, slavery, colonialism, ecocide
international terrorism, drug trafficking, slavery, colonialism, ecocide, piracy, hostage taking

15. Naturalization is
acquisition of citizenship at the request of the individual himself
acquisition of citizenship by birth
restoration of citizenship

Under a space object refers to an artificial celestial body, its delivery vehicles, and its other parts launched or constructed in outer space or on celestial bodies for their research or use for peaceful purposes.

In relation to this concept, the circle of subjects of the institute is also differentiated: this is the launching state, which is understood as the participant that carried out, organized the launch, provided installations or territory, incl. and the state that carried out these actions as a member of an international organization engaged in space activities under the conditions provided for in the 1967 Outer Space Treaty.

The state of registration of the space object has a special place in this list, because it has jurisdiction over the latter. In agreement with other participants, it enters the object number in its national register, reports it and other necessary data to the UN Secretary-General for inclusion in the register, which has been maintained since 1961.

The jurisdiction of the state of registration regarding the registered object and its crew remains for the entire period of its presence in space, more precisely, in flight, meaning also its passage through the airspace of a foreign state.

The ownership of a space object, its parts, equipment installed on it, samples, discoveries, and other valuables may belong to several states or an international organization.

States have the right to launch space objects into near-Earth and other orbits, land on celestial bodies, launch from them, place spacecraft, equipment, installations, inhabited and uninhabited stations anywhere on the surface of celestial bodies or in their depths, as well as move them . States undertake to inform the UN Secretary-General about the location of space objects, their conservation or activities, and about cases of discovery of space objects and to immediately return them to the state of registration. Parts of objects, the objects themselves, that do not have identification marks and are not properly registered, cannot be returned.

The legal content of the institute for rescuing cosmonauts of manned space objects, orbital stations in outer space and on celestial bodies is as follows. An astronaut - a member of the space crew - is considered to be a citizen of one of the states participating in the launch, performing functional duties during a flight or while at a station in outer space or on a celestial body. An astronaut or crew of a spacecraft or station, regardless of citizenship, are under the jurisdiction of the state of registration.

All states have the following rights and obligations: to provide all possible assistance in the event of an accident, disaster or emergency landing on any territory, including international; provide persons in distress on celestial bodies with shelter at their stations, structures, apparatus and other installations; inform the UN Secretary-General and the state of registration about the discovery of astronauts and measures taken to rescue them; return astronauts immediately; cooperate with other states, primarily with the state of registration, in taking the necessary measures to preserve the life and health of astronauts and their return.

Final tests for the section

Test 1 The objects of the branch of international space law are?

Answer options:

1) outer space, celestial bodies, their resources;

2) relations between states and other subjects of international law related to activities in space;

3) establishment of regimes for certain types of outer space, natural and artificial celestial bodies, determination of the circle of subjects of space activity;

4) astronauts, spaceships, issues of control and responsibility.

Test 2 Is it space?

Answer options:

1) demilitarized zone;

2) neutral zone;

3) partially demilitarized zone;

4) neutralized zone.

Test 3 Are they space objects?

Answer options:

1) artificial satellites, space stations, ships, rockets, equipment, installations;

2) spaceships, stations, the Moon and other celestial bodies;

3) The Moon and other celestial bodies.

Test 4 Is the launching state (organization) considered?

Answer options:

1) the state that carries out or organizes the launch;

2) the state from whose territory or installations the launch is carried out;

3) all of the above options.

Test 5 Under whose jurisdiction is the astronaut?

Answer options:

1) the state of his citizenship;

2) the state of registration of the ship;

Literature:

Vereshchetin V.S. Legal problems of human space flight. M., 1986;

International Law Course. Branches of international law. T. 5. M., 1992;

International space law. Rep. Ed. Piradov A.S. M., 1985;

New in space law (towards international private space law). M., 1990;

Dictionary of international space law. M., 1992;

Postyshev V.M. The concept of the common heritage of humanity as applied to the Moon and its natural resources. M., 1988;

Treaty on Principles for the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies 1967;

Agreement on the Activities of States on the Moon and Other Celestial Bodies 1979;

Convention on Registration of Objects Launched into Outer Space 1974;

Convention on the International Civil Aviation Organization 1944;

Open Skies Treaty 1992.

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