论外层空间环境损害的国际责任

International Liability for Outer Space Environmental Damages

人类探索和利用外层空间的活动对地球和外空等环境造成了不利影响和多重损害,这已引起国际社会的广泛关注。空间环境损害必然引发国际责任,而加快完善有关空间环境损害的国际责任制度是当务之急。文章首先探讨现存空间法律规则对空间环境损害的规制,在分析当前空间环境主要污染源的基础上,总结现存法律框架中存在的主要问题,进而从责任制度的选择、归责原则、责任主体、求偿主体和责任方式等方面提出构建空间环境损害国际责任制度的建议。

It has been universally noticed by international community that human activities during their use of outer space make negative effects and multiple damages on the environments of earth and outer space and so on, which are induced in the activities of states in the exploration and use of outer space. Space environmental damages must result in international hability, whereas improving the international liabihty regime of space environmental damages is the ur- gent affairs. Firstly, some situations of environmental damages that outer space has suffered are summarized, such as space debris and nuclear power source pollution. Secondly, based on surveying the regulations of space environmental protection and international liability for space environmental damages in the current international conventions, the problems existing in reality are summed up. Finally, due to the return responsibility principle, liability subject, the claimant, the mode of undertaking responsibility and other aspects, some suggestions are put forward, concerning the establishment of international liability for space environmental damages regime.