Establishment and Development of Outer Space Legislation: Kazakh and Foreign Experience

  • Bakhytzhan KUANDYKOV Al-Farabi Kazakh National University Almaty, Republic of Kazakhstan
  • Ualikhan AKHATOV Al-Farabi Kazakh National University Almaty, Republic of Kazakhstan
  • Dinara TURSYNKULOVA Al-Farabi Kazakh National University Almaty, Republic of Kazakhstan
  • Saltanat ATAKHANOVA Al-Farabi Kazakh National University Almaty, Republic of Kazakhstan
  • Akylbek ISABEKOV Al-Farabi Kazakh National University Almaty, Republic of Kazakhstan

Abstract

System analysis of base international law acts has been conducted in sphere of space activity, which shows that there is no specified distinct line between air and space areas. Actuality of such research determined by the necessity of upgrading of theoretical concepts, as also norms of modern international space legislation in reference to legal coverage delimitation of air and space areas. This necessity firstly caused by potential threats to national security and high probability of disputable situation appearance between subjects that are in space air relations, in specific for the fact of creation and usage of multiple time using space-air crafts (space-air objects), that can function in air and space areas. In the process of law enforcement subjects of space activity may face legal challenge application of air or space law while staying relevant aircraft in the airspace or outer space. It is shown that each country regulates space right in accordance with their own objectives of scientific and technological development. It was determined that for the countries of Southeast Asia's space program is a driver of development and structuring of all scientific and technological sectors. It is revealed that she is the greatest interest for South Korea because of the technical possibilities of improving and building space technology not only for their own use, but also on the orders of other countries. It was noted that it was in South Korea set up a sufficiently broad foundation for the integration of innovation in the overall structure of the economy and the use of space technologies will accelerate this growth. At the same time controls the legal field to fully contribute to the adoption of legal acts concerning the establishment of environment for development of the space industry.

References

[1] Bhatt, M. 2015. Constituting Outer Space: The Governance of Planetary Settlements and Artificial Habitats. In C. S. Cockell (Ed.), Human Governance Beyond Earth: Implications for Freedom (pp. 149-171). Cham: Springer International Publishing. doi 10.1007/978-3-319-18063-2_11
[2] de Oliveira Bittencourt Neto, O. 2015. Air Space and Outer Space in Defining the Limits of Outer Space for Regulatory Purposes (pp. 5-30). Cham: Springer International Publishing. doi 10.1007/978-3-319-16685-8
[3] de Oliveira Bittencourt Neto, O. 2015. National Legislation and Comparative Law in Defining the Limits of Outer Space for Regulatory Purposes chapter 6 (pp. 65-70). Cham: Springer International Publishing. doi 10.1007/978-3-319-16685-8
[4] Filho, J.M. 2016. Outer Space as Private Property and Theater of War? in P. M. Sterns and L. I. Tennen (Eds.), Private Law, Public Law, Metalaw and Public Policy in Space: A Liber Amicorum in Honor of Ernst Fasan (pp. 123-144). Cham: Springer International Publishing. doi 10.1007/978-3-319-16685-8
[5] Haley, A.G. 1961. Survey of Legal Opinion on Extraterrestrial Jurisdiction. In A.G. Haley and K. Grönfors (Eds.), XIth International Astronautical Congress Stockholm 1960 / XI. Internationaler Astronautischer Kongress / XIe Congrès International D’Astronautique: Proceedings Vol. III Third Colloquium on the Law of Outer Space (pp. 37-92). Berlin, Heidelberg: Springer Berlin Heidelberg.
[6] Jakhu, R.S., Pelton, J.N., and Nyampong, Y.O.M. 2017. National Space Laws and the Exploitation of Natural Resources from Space Space Mining and Its Regulation (pp. 131-144). Cham: Springer International Publishing. ISBN 978-3-319-39246-2. doi 10.1007/978-3-319-39246-2
[7] Kopal, V., Neger, T., Walter, E., Kerrest, A., Stadlmeier, S., Soucek, A., Hobe, S. 2011. Outer Space — A Legal Issue. In C. Brünner and A. Soucek (Eds.), Outer Space in Society, Politics and Law (pp. 219-489). Vienna: Springer Vienna.
[8] Lee, R.J. 2012. State Responsibility and Liability for Compliance with International Space Law and Regulation of Commercial Mining of Minerals in Outer Space (pp. 95-151). Dordrecht: Springer Netherlands.
[9] Masson-Zwaan, T., and Crowther, R. 2014. Legal and Regulatory Issues. In M. Macdonald and V. Badescu (Eds.), The International Handbook of Space Technology (pp. 657-675). Berlin, Heidelberg: Springer Berlin Heidelberg.
[10] Siemon, N., and Freeland, S. 2010. Regulation of Space Activities in Australia. In R. S. Jakhu (Ed.), National Regulation of Space Activities (pp. 37-59). Dordrecht: Springer Netherlands.
[11] Soucek, A., Koudelka, O., Venet, C., Frischauf, N., Gröomer, G., Neger, T., .Balogh, W. 2011. Outer Space — A ‘Real’ Issue. In C. Brünner and A. Soucek (Eds.), Outer Space in Society, Politics and Law (pp. 31-218). Vienna: Springer Vienna.
[12] Tarikhi, P. 2015. Legislation, managerial and administrational turmoil in The Iranian Space Endeavor: Ambitions and Reality (pp. 117-134). Springer Praxis Books, doi 10.1007/978-3-319-05347-9_5, Springer International Publishing Switzerland
[13] Tronchetti, F. 2013. The Legal Framework Regulating International Outer Space Activities in Fundamentals of Space Law and Policy (pp. 3-24). New York, NY: Springer New York. doi 10.1007/978-1-4614-7870-6_1
[14] Tronchetti, F. 2013. National Space Legislation Fundamentals of Space Law and Policy (pp. 25-35). New York, NY: Springer - Verlag New York New York. doi 10.1007/978-1-4614-7870-6
[15] Tronchetti, F. 2016. Chinese Space Legislation: Current Situation and Possible Way Forward. In P.M. Sterns and L.I. Tennen (Eds.), Private Law, Public Law, Metalaw and Public Policy in Space: A Liber Amicorum in Honor of Ernst Fasan (pp. 81-107). Cham: Springer International Publishing.
[16] von der Dunk, F. 2010. Regulation of Space Activities in the Netherlands., in R.S. Jakhu (Ed.), National Regulation of Space Activities, chapter 10 (pp. 225-245). Dordrecht: Springer Netherlands. Available at: http://digitalcommons.unl.edu/cgi/viewcontent.cgi?article=1060andcontext=spacelaw
[17] Walter, E., Remuss, N.L., Soucek, A., Schrogl, K.U., Tronchetti, F., Hertzfeld, H.R., Schmidt, Y. 2011. ‘Hot’ Issues and Their Handling. In C. Brünner and A. Soucek (Eds.), Outer Space in Society, Politics and Law (pp. 491-725). Vienna: Springer Vienna.
***Domestic Launch Legislation and Regulations. 2001. Launching Space Objects: Issues of Liability and Future Prospects (pp. 77-147). Dordrecht: Springer Netherlands.
***The International Legal Framework. 2004. Legal Basis for a National Space Legislation (pp. 1-71). Dordrecht: Springer Netherlands.
***The United Nations and Outer Space: Celebrating 50 Years of Space Achievements. 2009. In K.U. Schrogl, C. Mathieu, and N. Peter (Eds.), Yearbook on Space Policy 2007/2008: From Policies to Programmes (pp. 237-252). Vienna: Springer Vienna.
Published
2017-05-12
How to Cite
KUANDYKOV, Bakhytzhan et al. Establishment and Development of Outer Space Legislation: Kazakh and Foreign Experience. Journal of Advanced Research in Law and Economics, [S.l.], v. 7, n. 8, p. 2068-2074, may 2017. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/1013>. Date accessed: 30 oct. 2024.
Citation Formats
Issue
Vol 7 No 8 (2016): JARLE Volume VII, Issue 8(22), Winter 2016
Section
Articles

The Copyright Transfer Form to ASERS Publishing (The Publisher)
This form refers to the manuscript, which an author(s) was accepted for publication and was signed by all the authors.
The undersigned Author(s) of the above-mentioned Paper here transfer any and all copyright-rights in and to The Paper to The Publisher. The Author(s) warrants that The Paper is based on their original work and that the undersigned has the power and authority to make and execute this assignment. It is the author's responsibility to obtain written permission to quote material that has been previously published in any form. The Publisher recognizes the retained rights noted below and grants to the above authors and employers for whom the work performed royalty-free permission to reuse their materials below. Authors may reuse all or portions of the above Paper in other works, excepting the publication of the paper in the same form. Authors may reproduce or authorize others to reproduce the above Paper for the Author's personal use or for internal company use, provided that the source and The Publisher copyright notice are mentioned, that the copies are not used in any way that implies The Publisher endorsement of a product or service of an employer, and that the copies are not offered for sale as such. Authors are permitted to grant third party requests for reprinting, republishing or other types of reuse. The Authors may make limited distribution of all or portions of the above Paper prior to publication if they inform The Publisher of the nature and extent of such limited distribution prior there to. Authors retain all proprietary rights in any process, procedure, or article of manufacture described in The Paper. This agreement becomes null and void if and only if the above paper is not accepted and published by The Publisher, or is with drawn by the author(s) before acceptance by the Publisher.