Space law in the age of the International Space Station

Dunk, Frans G. von der

doi:10.1007/978-3-211-87465-3_18

Cited by 3 publications

(2 citation statements)

References 4 publications

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“…Since most of the content of IHL is the elaboration and interpretation of the United Nations Charter, it can also be applied in priority. 32 Secondly, the basic principles of IHL also need to refer to the provisions of outer space law. The interpretation of a certain provision should be adopted if it can both conform to the principles of humanitarianism and military necessity, and satisfy human welfare or humanitarianism to the greatest extent.…”

Section: Applicability Of the Basic Principles Of Ihl In Armed Confli...mentioning

confidence: 99%

Application of the Principle of Distinction under IHL in Outer Space

Yan¹,

Cui²

2023

ILR

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The principle of distinction can be applied to armed conflicts in outer space. Under the principle of distinction, combatants refer to armed personnel who directly participate in hostile actions in outer space, and military objects refer to those that have made actual contributions to military operations in outer space and can provide a definite military interest. All other personnel and objects are non-military targets that must not be attacked. Objects on which spaceflight participants depend for their survival, certain areas and cultural relics on celestial bodies, outer space, the natural environment of the earth, and space objects used for humanitarian relief are special protected objects. In order to implement the principle of distinction, the defender needs to effectively differentiate its own personnel and objects, and the attacker also needs to take feasible preventive measures.

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Section: Applicability Of the Basic Principles Of Ihl In Armed Confli...mentioning

confidence: 99%

Application of the Principle of Distinction under IHL in Outer Space

Yan¹,

Cui²

2023

ILR

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“…As one scholar has correctly observed, consequently, "overall, the spirit of cooperation has resulted in the need for each partner State and their related entities to simply accept the possibility that they may suffer damage in the context of the ISS without being able to assert a liability claim for the purpose." 68…”

Section: B Institutional Concerns: Inferring From the Russian Experimentioning

confidence: 99%

Legal Issues of China's Possible Participation in the International Space Station: Comparing to the Russian Experience

Zhao

2013

JEAIL

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China has made great achievements in space activities in recent years. While emphasizing the principle of self-independence, China also acknowledges the importance of space cooperation. As early as 2001, China indicated its interest in joining the International Space Station. However, no substantive progress has been made concerning China's participation thus far. This may be a result of political and economic, rather than legal and technical, considerations. There is no doubt that China's participation shall contribute to the sustainable development of the ISS. China's participation could also offer an excellent opportunity to reexamine the 1998 framework and clarify or improve certain provisions that exist in the current regime. While technologically ready for participation, China should start considering possible legal issues that may arise from its participation in the ISS project. This article takes up the challenging task of identifying potential legal issues that may arise in the course of China's participation in the ISS and offers suggestions for a future cooperative legal framework regarding the ISS.

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Mars One: Human Rights Out of this World

Tsimpourla¹

2014

SSRN Journal

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Space law in the age of the International Space Station

Cited by 3 publications

References 4 publications

Application of the Principle of Distinction under IHL in Outer Space

Application of the Principle of Distinction under IHL in Outer Space

Legal Issues of China's Possible Participation in the International Space Station: Comparing to the Russian Experience

Mars One: Human Rights Out of this World

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