International Legal Obligations In Outer Space Research

With the launches of Shenzhou 5 and Shenzhou 6 into outer space, and the preparing of the launches of Shenzhou 7, China's space activities draw great concerns from the world. As scholars on International Law, we have to ask ourselves that whether study in space law in China keep up with space activities? Whether the legislations of space law in China match the international status of China as a space power without question? Since China is the contracting state of the five international space treaties except the Moon Treaty, has it fulfilled all the legal obligations according to these international treaties? In the tide of space activities prevailing in the world, we should lead the tide by making good use of our space technology, in order to maximize our interest in space activities, as well as to promote the progress of space technology and to advance the good circulation of space activities, we should improve the rules of responsibilities in outer space. As China joining the space activities frequently, there will be more and more responsibilities in outer space in front of us. We even do not have an intergraded and standardized rule to face this matter. Should we repair the house before it rains or do something after it happened? To clarify these issues, I choose this subject.To study in domestic legislation on outer space, we should first analyze the international space treaties and some correlative legal documents, especially the space law systems of space powers. By making discussion and analysis on the legal issues of the responsibilities in outer space, this paper seeks to show the framework of international space law and the measures of different countries, and bring forward the author's viewpoints on private entity's responsibilities in outer space.There are five parts on the structure of my paper except a short preface. Section 1 of the paper makes an introduction to the concept and main content of space and outer space responsibility. Outer space responsibility means: subject of international law have to assume responsibility for the damages caused by outer space objects because of the international unlawful action and the international law non-forbidden action. Section 2 is the main point of this paper. It makes an analysis on the subject of outer space of international law. Traditional viewpoint thinks that only states can be the subject of outer space of international law. As the tide of space activities prevailing in the world, more and more states join space activities which make the subject so complicated that only countries can not assume all of the responsibilities in the outer space. In order to make sure the responsibilities in the outer space of damage can be prefect settled, the subject of outer space of international law should add to the private entity.There are seven launching states standards provided by COPUOS:(1) providing state for launching space object;(2) providing equipment for launching space object;(3) controlling the orbit or trajectory of space object;(4) owning or possessing the space object;(5) launching space object;(6) joining the launching for space object;(7) the register of space object.Section 3 is also the main point of this paper. It makes an analysis on the foundation of responsibility in outer space of international law. The responsibility in outer space of international law contains joint liability, absolute liability, fault liability. Joint liability means two or over two launching states will assume the liability for the same damage by space object. While a space object has so many launching states, those launching states will assume the joint liability. The damaged state can claim anyone of those launching states for compensation. Once any states of launching states get compensation, the state can ask others launching states to take their own portion. Absolute liability means: as long as damage existing, launching states will take the responsibility to get compensation even though there is no fault of launching states. But the damage should act on things which exist earth's surface and flying airplane. There will be no or part of compensation once launching states can prove that the damages have been made by the state of claim or any private person standing for the state of claim or because of their fault. Fault liability means: while space object makes damage out of the earth's surface ,the responsibility will be decided by the subjective of launching state or controller of space object. There will be compensation besides the fault of launching state or controller of space object. The compensation states and claim states both are subject of outer space which have the same risk in the activities. Both of them need equal right and treating. Claim state must to prove the fault of launching state to get compensation.Section 4 makes an analysis on the situation of the responsibility in outer space of international law. Cease unlawful attack, compensation, resume original state and apologize are all the situation of the responsibility in outer space of international law. They are dispensable while the responsibility wants to realize.Section 5 makes an analysis on the responsibility in outer space of some specific field. Such as the responsibility of satellite broadcasting, the responsibility of remote sensing, the responsibility of militarize in the outer space, the responsibility of International Space Station.