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A Study On Legal Protection Of China’s Outer Space Security Interests From The Perspective Of The Community Of Shared Future For Mankind

Posted on:2024-02-25Degree:MasterType:Thesis
Country:ChinaCandidate:W Y YiFull Text:PDF
GTID:2556307100967809Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of space technology,human exploration and utilization of outer space activities continue to deepen.At the same time,inappropriate space activities have led to an increasing number of hidden dangers threatening space security.As a factor affecting the security of outer space,the militarization of outer space has intensified in recent years.Space debris is threatening the safety of astronauts while threatening the safety of space assets.Because of its limited and important strategic position,orbital resources have become the game of outer space security.China ’s outer space security interests are an integral part of national interests,the proper meaning of the overall national security concept,and the foothold of China ’s participation in the governance of international space law.The current legal regulation on the protection of outer space security interests needs to be improved.At the domestic level,the legal system of outer space is incomplete,and the rules for adjusting and regulating space security are not high.China still does not have a basic law to ensure outer space security.Most of the current effective norms are either lack of legal binding or lack of policy binding,and the space discourse power in the international community is weak,and the protection of China ’s outer space security interests is limited.At the international level,the current space law system has been unable to adapt to today ’s complex and diverse space activities.As a model of space soft law,the resolution of the United Nations General Assembly has limited legal effect.The development of international relations and space cooperation lacks corresponding international mechanisms.The problem of unbalanced distribution of space discourse power is significant,and the security interests of late-developing space countries are difficult to be guaranteed.Different from the selfish expression that national interests take precedence over everything,the concept of a community of shared future for mankind is the product of the wisdom of the past and the present,and the integration of Chinese and Western wisdom.It emphasizes that the world is a community of interests,a community of values and a community of responsibilities.It lays a theoretical foundation for the legal regulation of China ’s space security interests,and provides a new value orientation for the further rationalization of the international space law system.International rule of law is the most fundamental way of outer space governance,the unity of practice and ideal,and the key way of global governance.The continuous development of outer space law treaties,regional treaties and United Nations General Assembly resolutions provides the basis of international law for space governance.At the same time,the principle of prohibiting the use of weapons or force,the principle of common interests of all mankind and the principle of international cooperation promote the further deepening of international space law regulation.Experience is wisdom.This paper analyzes the laws and policies of the United States,Russia,the European Union and other space powers and regions on the protection of outer space security.On the one hand,it can summarize the legal and policy experience of safeguarding the interests of outer space security.On the other hand,it can improve China ’s space law system,build China ’s outer space discourse system,promote the deepening of outer space cooperation and participate in the process of space rule of law.Pursuing common interests and achieving win-win cooperation is the value pursuit of the legal protection of China ’s outer space security interests.The concept of a community with a shared future for mankind emphasizes the sustainability of outer space development.Starting from the long-term interests and overall interests of mankind,it coincides with the transformation of the international space law system and the process of the rule of law in outer space.Under the guidance of the Community of Shared Future for Mankind,China should promote the rule of law in both domestic and international space at the same time : at the domestic level,promote the introduction of space law,establish the basic principles of safeguarding the interests of outer space security,formulate relevant norms to prevent the militarization of outer space,improve the space debris mitigation rule system,and provide a legal basis for space activities;at the international level,we should strengthen China ’s international discourse power,highlight the identity of a responsible space power,firmly safeguard the " UN Charter " and purpose while improving domestic space legislation,actively participate in the revision and formulation of international space treaties,support the role of soft law in space governance,promote the construction of a transparent trust cooperation mechanism for space norms,promote space multilateralism with a small multilateral benign demonstration,and achieve cooperation and coordination of the " greatest common divisor."...
Keywords/Search Tags:outer space security, a community of shared future for mankind, national interests, international rule of law
PDF Full Text Request
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