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The International Legal Responsibility Caused By Space Debris Brought To The Outer Space Environment

Posted on:2011-02-23Degree:MasterType:Thesis
Country:ChinaCandidate:J YeFull Text:PDF
GTID:2166360305463967Subject:International Law
Abstract/Summary:PDF Full Text Request
The human's ideal of conquest the outer space which is a very mysterious field has lasted for a long time, and has also made significant achievement in the exploration and use of outer space, all of these are showing the capacity and determination of human space exploration. However, as the prosperous development of outer space, the number of space debris which created by countries or international organiza-tions were increased rapidly. Now, as a new source of pollution, the existence of space debris has brought serious pollution to the outer space environment which owned by our human, what' s more, it has been becoming more and more serious. Therefore, how can we protect the space environment which has been deteriorating day by day has already arose widespread concern.If the small space debris which produced by various sizes of larger space objects, run with the impact of space objects, they'11 not only threaten the safety of astronauts, but also pose threat both to the human and property on the ground. Because the objects damaged by space debris is the near-earth space or the area outside the near-earth space, and space debris in outer space pollution producers is the country which with the world's few major technological advances and strong capabilities in outer space activities, so compared with the traditional types of damage, the outer space environmental problems which caused by space debris has its own specificity. From this, the international legal responsibility of space debris is a very special form in the responsibility for areas of public international law, so we should be highly valued.International legal responsibility of space debris includes three forms:Firstly, the responsibilities which violation of the outer space law; secondly, in accordance with international law and the Law of Outer Space, the space debris liability which generated due to their activities in the outer space; Thirdly, when countries do some violation, the damage liability which the space debris launched by them, However, the current academic research on space debris is not deep enough, its international legal obligations is also faced with some problems, such as a weak foundation, the specific deficiency in the system, the scope of regulatory responsi-bilities and obligations of the principle is imperfect. This article based on it, proposing the conception how to perfect the international legal responsibility which caused by space debris brought to the outer space environment. In the main, in addition to the countries and the international organiza-tions, the private has also become a main responsibility of outer space activities; In the imputation principle, fault liability and strict liability constitute the system of dual-liability structure; in the form of realization, the main form is restitution, compensation, promised not guilty is supplement-ary form when it cannot be restituted or restitution still can not compensate for damages; in the form of approaches, the claims subject can through the diplomatic, arbitration, judicial three ways to better protect the international legal responsibility which caused by space debris brought to the outer space environment come true.
Keywords/Search Tags:Space debris, Damage mechanisms, International legal responsibility
PDF Full Text Request
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