INTERNATIONAL LEGISLATIVE EXPERIENCE IN THE SPHERE OF REGULATION OF AIRSPACE AND OUTER SPACE LEGAL REGIME
DOI:
https://doi.org/10.52026/2788-5291_2023_73_2_168Keywords:
Flight safety, international obligations, joint liability, legal regime, transit agreement, space sphere, joint space projects, normative actsAbstract
The paper discusses the experience of regulating the established legal regime of airspace and outer space use from the point of view of international law norms and the laws of the Republic of Kazakhstan and other countries. In the course of the study, an analysis was made of the state of legal norms system governing air and outer space activities. Some features of the legislations development in these areas are presented. Any orbital or suborbital flight, as is known, is associated with the use of both airspace and outer space. These branches of international law are based on different principles and have different legal regimes. And these differences must be taken into account, in connection with new developments in the field of space operations, including space tourism (flights). The relevance of the subject matter is determined by the increased interest of most countries of the world in the use of these areas for commercial purposes, and more recently, for military purposes. These processes have created new legal challenges to space law. This study reveals the need to adopt specific legal provisions in the field of exploration and use of outer space. The study also concludes, that the current concept of airspace use, needs to be updated in terms of its flexibility and adaptability to current changes.
In order to study the problem, the legislations of the states were analyzed. In addition to general scientific methods of cognition, special methods are widely used in the work, such as the historical method, the method of comparative analysis and the systematic approach.