空间碎片减控国际法律规则研究

Study on International Legal System on Reduction and Control of Space Debris

空间碎片减控法律机制,主要是围绕空间碎片减少及危害控制而形成的责权组织机制、约束许可机制、预警防控机制、资源保障机制和责任追究机制。对照现有的国际条约和国际指导文件,责权组织机制虽初步构建,但对国家在空间碎片减控方面的责任尚未具体化和细化;约束许可机制尚属空白,尤其是未能明确各国政府应在航天器发射前开展空间碎片减控的评估许可;预警防控机制初成体系,已有较为具体而明确的规则体系;资源保障机制尚未明确,但应主要依靠各国国内法规范;责任追究机制过于原则,尤其是对过错责任的界定缺乏清晰的标准。后续的国际规则制订工作应针对上述情况,进行有序的完善。

The legal system of reduction of space debris and hazard control mainly include organization mechanism of rights and responsibilities,limiting and licensing,alert and prevention,resources security and responsibility investigation. Based upon the current international conventions and guidance documents,the author considers that although the system of organization mechanism of rights and responsibilities has been preliminarily established,it fails to specify the duties of countries for the reduction and control of space debris and the system of limiting and licensing is still absent,especially regarding the government＇s estimation and license of space debris before launching spacecrafts. The author also finds that although the alert and prevention system has been preliminarily formed with relatively detailed rules,the system of resources security has not been specified,and is mainly relying on the domestic laws of each country; and the responsibility investigation system only has general principles and lacks specified standards for the affirmation of liabilities. These situations need to be improved in the further legislation of relevant international rules.