NATIONAL REGULATION OF SPACE ACTIVITIES IN THE USA AND THE PRC
DOI:
https://doi.org/10.32844/ibpala-2024-1.13Keywords:
national norms, space activity, regulation, United States of America, People's Republic of China, international space lawAbstract
The purpose of the article is to clarify the role of national norms in the regulation of space activities on the basis of the theory of law, the theory of international and administrative law, the opinions of legal scholars on this issue, and current international legislation. The article analyzes the experience of the United States and the People's Republic of China in regulating space activities. It was determined that the national principles for the regulation of space relations are a set of administrative actions of a specific public administration regarding the regulation of space activities by a certain country or its representatives in the form of legal instruments of different meaning, origin and legal force. It has been established that a distinctive feature of the US national space law is that it tends to adapt to the development of space technologies and geopolitical events. In addition to the above, US space legislation has always defended both security interests and private interests of large space corporations. In turn, the PRC, in its struggle with the USA for leadership in the space sphere, regulates national legislation on the basis of by-laws and giving preference to the state form of ownership in the space industry. It is concluded that the development of space activities is a dynamic process that requires a systematic, balanced and timely response both at the international level and on the part of an individual country. It has been proven that the presence of outdated dogmatic understandings of certain provisions of international space legislation in the aspect of regulating the latest challenges in the development of social relations in the space sphere cause the development of anticipatory national norms of space law of individual countries. The analysis of the experience of the United States and the People's Republic of China as countries with different socio-political and economic systems proved that, regardless of the contradictions that exist within and between the countries themselves, these countries equally consider space to be a space in which the main events will unfold in the future, which will have significant impact on life on Earth. Therefore, both countries are making significant efforts to adapt their national legislation to modern realities, while there is no modernized international space legislation.
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