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学者姓名:苏金远
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Abstract :
The existing international legal framework for outer space is inadequate for the Prevention of an Arms Race in Outer Space (PAROS). There has not been any other legally-binding treaty on outer space since the signing of the Moon Agreement (MA) in 1979. The development of adequate international law for PAROS is in urgent need. Some spacefaring countries are promoting a treaty on PAROS. For instance, China and Russia have proposed a draft treaty on the Prevention of Placement of Weapons in Outer Space and the Threat or Use of Force against Outer Space Objects (PPWT), which has encountered criticisms from some other space powers. This paper briefly reviews the influence, rights, and concerns of developing countries on PAROS. Developing countries have participated and made their concerns known in various inter-governmental fora, such as the General Assembly (GA) and the Conference on Disarmament (CD). It discusses the role of developing countries in the making of treaties and resolutions on outer space. It concludes by summing up the efforts of developing countries for disarmament and explores the challenges that the international community is facing to conclude an international agreement on PAROS. The paper also makes several suggestions for promoting the peaceful exploration and use of outer space.
Keyword :
arms race developing countries militarization PAROS space powers
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GB/T 7714 | Mehdi, Miqdad , Su, Jinyuan . Prevention of an Arms Race in Outer Space and Developing Countries [J]. | KOREAN JOURNAL OF DEFENSE ANALYSIS , 2020 , 32 (2) : 253-270 . |
MLA | Mehdi, Miqdad 等. "Prevention of an Arms Race in Outer Space and Developing Countries" . | KOREAN JOURNAL OF DEFENSE ANALYSIS 32 . 2 (2020) : 253-270 . |
APA | Mehdi, Miqdad , Su, Jinyuan . Prevention of an Arms Race in Outer Space and Developing Countries . | KOREAN JOURNAL OF DEFENSE ANALYSIS , 2020 , 32 (2) , 253-270 . |
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The making of international space law has stalled for four decades. As the exploitation and use of space resources is likely to begin in the near future, an international legal framework is needed to regulate these activities. On 12 November 2019, the Hague Space Resources Governance Working Group adopted the Building Blocks (the BB), which laid the groundwork for international discussions on the potential development of an international framework on space resources activities. The BB highlights several developments intended to create an environment that will facilitate these activities. This article examines the BB's new elements, with an emphasis on commercial incentives, priority rights, resource rights, safety zones, promoting participation by all countries, sharing of monetary and nonmonetary benefits, sustainable development, and ecocentrism. The article finds that the BB is progressive in terms of providing for legal certainty and predictability, coordination among states, benefits sharing, and protection and preservation of the space environment. The study also argues that the BB is a starting point for the future international legal framework, although other mechanisms are also needed to safeguard the interests of developing states. (C) 2020 Elsevier Ltd. All rights reserved.
Keyword :
Industrial development New elements Space law Space resources The Hague Working Group BB
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GB/T 7714 | Xu, Fengna , Su, Jinyuan . New Elements in the Hague Space Resources Governance Working Group's Building Blocks [J]. | SPACE POLICY , 2020 , 53 . |
MLA | Xu, Fengna 等. "New Elements in the Hague Space Resources Governance Working Group's Building Blocks" . | SPACE POLICY 53 (2020) . |
APA | Xu, Fengna , Su, Jinyuan . New Elements in the Hague Space Resources Governance Working Group's Building Blocks . | SPACE POLICY , 2020 , 53 . |
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Pakistan was among the first 10 countries to start a space programme. Its space programme started upon the appointment of Dr. Abdus Salam (Noble Prize Winner) as the Chairman of the Space Upper Atmosphere Research Commission (SUPARCO) in 1961. Owing to the prevailing unfavourable economic and political environment, coupled with regional instability and other factors, this programme could not persist for long. Recent efforts to overcome these mistakes and hurdles through an improved domestic strategy and smarter international relations are promising. Notably, success in this area can be ensured only with sustained political commitment to space development. To promote its space activities, Pakistan successfully conducted international cooperation with different countries and organisations. This article examines the Pakistan space programme and its cooperation with other countries, in particular, the shift in partnership from the United States to China. (C) 2018 Elsevier Ltd. All rights reserved.
Keyword :
China International Cooperation Pakistan Space Programme SUPARCO United States Vision 2040
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GB/T 7714 | Mehdi, Miqdad , Su, Jinyuan . Pakistan Space Programme and International Cooperation: History and Prospects [J]. | SPACE POLICY , 2019 , 47 : 175-180 . |
MLA | Mehdi, Miqdad 等. "Pakistan Space Programme and International Cooperation: History and Prospects" . | SPACE POLICY 47 (2019) : 175-180 . |
APA | Mehdi, Miqdad , Su, Jinyuan . Pakistan Space Programme and International Cooperation: History and Prospects . | SPACE POLICY , 2019 , 47 , 175-180 . |
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© 2018 Elsevier Ltd The international community's negotiation of the prevention of an arms race in outer space (PAROS) has been stalled for two decades. A breakthrough is needed to secure international peace and security. On 24 December 2017, the United Nations General Assembly adopted Resolution 72/250 entitled “Further practical measures for the prevention of an arms race in outer space”. The new resolution highlights several developments, compared with previous resolutions on PAROS. This paper discusses its new elements, with an emphasis on the objective of building “a community of shared future for mankind” (CSFM) and practical measure for achieving this objective, especially the establishment of a group of governmental experts (GGE) on PAROS. It is proposed that the international community should start cooperation on areas of mutual concern, to sow seeds for broader cooperation in the exploration and use of outer space.
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GB/T 7714 | Xu, Fengna , Su, Jinyuan . Shaping “A community of shared future for mankind”: New elements of General Assembly Resolution 72/250 on further practical measures for the PAROS [J]. | Space Policy , 2018 , 44-45 : 57-62 . |
MLA | Xu, Fengna 等. "Shaping “A community of shared future for mankind”: New elements of General Assembly Resolution 72/250 on further practical measures for the PAROS" . | Space Policy 44-45 (2018) : 57-62 . |
APA | Xu, Fengna , Su, Jinyuan . Shaping “A community of shared future for mankind”: New elements of General Assembly Resolution 72/250 on further practical measures for the PAROS . | Space Policy , 2018 , 44-45 , 57-62 . |
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Abstract :
In recent years, there has been a surge of private investment in space resources and the enactment of domestic legislation aimed at protecting property rights over the resources to be extracted. This article argues that the unilateral exploitation of space resources is not prohibited by the principle of non-appropriation and is consistent with the freedom of use for common benefit and interests, with the caveat that it does not exclude others from exploitation or exacerbate inequality among States. It also argues that a laissez-faire approach would be detrimental to the orderly, sustainable and safe exploitation and use of space resources and calls for the establishment of an international regulatory regime consisting of rules concerning international coordination, benefits sharing and environmental protection.
Keyword :
common benefits and interests freedom of use mineral resources non-appropriation outer space
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GB/T 7714 | Su, Jinyuan . LEGALITY OF UNILATERAL EXPLOITATION OF SPACE RESOURCES UNDER INTERNATIONAL LAW [J]. | INTERNATIONAL & COMPARATIVE LAW QUARTERLY , 2017 , 66 (4) : 991-1008 . |
MLA | Su, Jinyuan . "LEGALITY OF UNILATERAL EXPLOITATION OF SPACE RESOURCES UNDER INTERNATIONAL LAW" . | INTERNATIONAL & COMPARATIVE LAW QUARTERLY 66 . 4 (2017) : 991-1008 . |
APA | Su, Jinyuan . LEGALITY OF UNILATERAL EXPLOITATION OF SPACE RESOURCES UNDER INTERNATIONAL LAW . | INTERNATIONAL & COMPARATIVE LAW QUARTERLY , 2017 , 66 (4) , 991-1008 . |
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The space environment is unique. Natural decay of debris therein is much slower than pollutants in other environments, so that removal is difficult and expensive. Despites the voluntary implementation of mitigation guidelines, the amount of debris has surged in the last two decades due to increase and diversification of space actors, and the continuing militarization of space. Active Debris Removal has thus become a promising responsive scenario. This article examines key legal barriers to the implementation of removal, such as the lack of legal definition of space debris, ambiguities surrounding the jurisdiction and control over space debris, liability for possible damages caused in removal, and implications for space arms control. It further proposes that more comprehensive registration of space objects, an international catalogue of space debris and an international fund for removal should be promoted. Also, international cooperation should be enhanced to cope with space debris, while space arms control should be strengthened.
Keyword :
Active Debris Removal Debris Mitigation Dual-Use Registration
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GB/T 7714 | Su, Jinyuan . Active Debris Removal: Potential Legal Barriers and Possible Ways Forward [J]. | Journal of East Asia and International Law , 2016 , 9 (2) : 403-426 . |
MLA | Su, Jinyuan . "Active Debris Removal: Potential Legal Barriers and Possible Ways Forward" . | Journal of East Asia and International Law 9 . 2 (2016) : 403-426 . |
APA | Su, Jinyuan . Active Debris Removal: Potential Legal Barriers and Possible Ways Forward . | Journal of East Asia and International Law , 2016 , 9 (2) , 403-426 . |
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Originating at the height of the Cold War, Air Defense Identification Zones (ADIZs), i.e. non-territorial airspace unilaterally designated by States for aircraft identification, had not encountered substantial protests until China's declaration of the East China Sea ADIZ in November 2013. Debates center not on the right to establish the ADIZ per se, but primarily on the purported application of identification rules to traversing aircraft, its overlap with pre-existing ADIZs claimed by other States, and the coverage of contested islands and rocks. This article argues that the identification of traversing civil aircraft does not jeopardize the paramount safety of international civil aviation, imposes only slight burden upon civil aircraft, and has garnered wide compliance. The identification of traversing military aircraft is a legitimate measure for coastal States to safeguard their security interest, and is constantly conducted by many States on a de facto basis. The overlap with ADIZs of other States and coverage of contested islands and rocks do not contradict international law and are legitimate measures for the maintenance of maritime and territorial interests. It is further suggested that all relevant States should negotiate mutually acceptable arrangements to avoid miscalculation and escalation, and to minimize confusions and inconveniences caused to third-party States.
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GB/T 7714 | Su Jinyuan . The East China Sea Air Defense Identification Zone and International Law [J]. | CHINESE JOURNAL OF INTERNATIONAL LAW , 2015 , 14 (2) : 271-303 . |
MLA | Su Jinyuan . "The East China Sea Air Defense Identification Zone and International Law" . | CHINESE JOURNAL OF INTERNATIONAL LAW 14 . 2 (2015) : 271-303 . |
APA | Su Jinyuan . The East China Sea Air Defense Identification Zone and International Law . | CHINESE JOURNAL OF INTERNATIONAL LAW , 2015 , 14 (2) , 271-303 . |
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Abstract :
Whereas the Earth is showered by extraterrestrial matters on a constant basis, most of them cannot survive the very high heat produced in their entry into the atmosphere to make a terrestrial impact. Impacts that are capable of inflicting terrestrial casualties and damages are even rarer. However, their consequences can be high, and even so nowadays with the change of human settlement patterns on the Earth. With the development of space science and technology, human beings are now capable of predicting possible impacts with some accuracy, and even minimizing the chance of actual collision. For the later purpose, many proposals have been put forward, which either employ weapons readily found on the Earth, or envisage newly developed technologies that could nevertheless be used for military purposes. This short note applies existent international law to these measures, and attempts to shed some light on their implications for ongoing discussions of space arms control. (c) 2015 Elsevier Ltd. All rights reserved.
Keyword :
Arms control Dual-use Near-Earth Objects Planetary defence
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GB/T 7714 | Su, Jinyuan . Measures proposed for planetary defence: Obstacles in existing international law and implications for space arms control [J]. | SPACE POLICY , 2015 , 34 : 1-5 . |
MLA | Su, Jinyuan . "Measures proposed for planetary defence: Obstacles in existing international law and implications for space arms control" . | SPACE POLICY 34 (2015) : 1-5 . |
APA | Su, Jinyuan . Measures proposed for planetary defence: Obstacles in existing international law and implications for space arms control . | SPACE POLICY , 2015 , 34 , 1-5 . |
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The European Union draft Code of Conduct for outer space activities is one of the primary international initiatives, that are currently active, to enhance the safety, security and sustainability of outer space activities. Although the spirit underlying the instrument is commonly shared by space-faring countries, substantial disagreement exists among States as to some of its core provisions. This article proposes that the Code of Conduct should make a clear distinction between commercial activities and military activities, and adopt more balanced measures on the restriction of military activities in outer space. (C) 2014 Elsevier Ltd. All rights reserved.
Keyword :
Code of Conduct Outer space Safety Security Sustainability
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GB/T 7714 | Su, Jinyuan , Zhu Lixin . The European Union draft Code of Conduct for outer space activities: An appraisal [J]. | SPACE POLICY , 2014 , 30 (1) : 34-39 . |
MLA | Su, Jinyuan 等. "The European Union draft Code of Conduct for outer space activities: An appraisal" . | SPACE POLICY 30 . 1 (2014) : 34-39 . |
APA | Su, Jinyuan , Zhu Lixin . The European Union draft Code of Conduct for outer space activities: An appraisal . | SPACE POLICY , 2014 , 30 (1) , 34-39 . |
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Abstract :
The long-lasting lack of a clear legal boundary between airspace and outer space has not given rise to significant problems until the emergence of aerospace objects. Whereas most States are against the free passage of aerospace objects through airspace, the vertical limit of State sovereignty is ambiguous. As the ambiguous zone above foreign States is likely to be vastly used by aerospace objects, the emergence of aerospace objects provides an opportunity for the legal boundary to be crystallized. This article tries to shed some light on the possibility of drawing a fixed legal boundary between airspace and outer space against this new challenge, and if not feasible, how the regulation of aerospace objects when they cross the near space above foreign States. ©2013 by the International Astronautical Federation. All rights reserved.
Keyword :
Long lasting Near space Not given Outer space
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GB/T 7714 | Su, Jinyuan . The delimitation between airspace and outer space and the emergence of aerospace objects [C] . 2013 : 10988-10992 . |
MLA | Su, Jinyuan . "The delimitation between airspace and outer space and the emergence of aerospace objects" . (2013) : 10988-10992 . |
APA | Su, Jinyuan . The delimitation between airspace and outer space and the emergence of aerospace objects . (2013) : 10988-10992 . |
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