IAC-08-IISL.2 The Agreement on the Rescue of Astronauts Today. Prof.Dr.Gennady P.Zhukov The Moscow People’s Friendship University, Russia. E-mail: g-zhukov@mtu-net.ru
- Paper number
IAC-08.E8.2.4
- Author
Prof. Gennady Zhukov, University of People's Friendship of Russia, Russia
- Year
2008
- Abstract
IAC-08-IISL.2 The Agreement on the Rescue of Astronauts Today. Prof.Dr.Gennady P.Zhukov Abstract. The paper is devoted to some problems of the Agreement on the Rescue of Astronauts that have arisen in the course of the last 40 years. In the paper it is noted that the Agreement on the Rescue of Astronauts concretized article V of the 1967 Outer Space Treaty. The paper reveals the historical origin of the Outer Space Treaty definition of astronauts as “ envoys of mankind in outer Space”, taking into account my personal reminiscences of the 1962 Legal Subcomittee session of COPUOS. A number of lacunae have been allowed during the elaboration and conclusion of the Agreement on the Rescue of Astronauts. It was explained by desire to conclude the Agreement as soon as possible. Now it is necessary to fill these lacunae. In particular in the 1968 Agreement on the Rescue of Astronauts there is no definition of space object or delimitation between air space and outer space. In the paper “ space object” is defined as the manmade object intended to be launched into outer space. The author disagrees with the opinion of some experts who believe that the term “space object” applies only to the objects actually launched into orbit. This may be explained by the lack of understanding that before the start the space object is already under the national jurisdiction of the launching state, but only after its start the space object appears in the sphere of the international space law. The same definition of space object is contained in the Draft Treaty on the Prevention of the Placement of Weapons in Outer Space, the Threat or Use of Force against Outer Space Objects, presented by Russia and China on February12th 2008 for consideration by the Conference on disarmament in Geneva . The 1968 Agreement on the Rescue of Astronauts, as all other agreements in the field of space law, doesn’t contain the definition of the area of space law activity or, in other words, the delimitation of outer space from airspace. The author believes that the time has ripened for the delimitation of outer space. In the above mentioned Draft Treaty the term ”Outer Space” was defined as ”Space beyond the elevation of approximately 100 km above ocean level of the Earh.” This definition in the opinion of many scholars becomes a rule of international customary law. In connection with appearance of space tourism a question arose on specification of the term "Astronauts". In the opinion of the author, space tourists may be considered as astronauts only after making orbital space flight . The provisions of the 1967 Space Treaty concerning the assistance to the astronauts in outer space up till now did not work. Creation of the fast space medical service is the task of the near future. The corresponding provisions of the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies have the direct relation to the problems of rescuing. In the paper the question discussed on the ways of adding new provisions to the 1968 Agreement on the Rescue of Astronauts. Article 8 of this Agreement provides the procedure for introducing amendments. The author considers unreasonable this way of modernization of the Agreement on the Rescue of Astronauts. The author supports the position that the modernization of this Agreement should be the subject of an additional protocol which may be elaborated by the Legal Subcomittee of COPUOS. Name Dr. Prof. Gennady P. Zhukov Firm/University/other Russian Peoples Friendship University Address Apt.84, Komsomolsky Prospect, 33, Moscow 119146, Russia Phone +7(495) 609 1608 Fax 7(095)433-8029 Email g-zhukov@mtu-net.ru- Abstract document
- Manuscript document
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