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Solntsev A.M., Lazarev N.D., Volynskaya O.A. Berlin Protocol of 2012 on Space Assets as a New Stage in the Development of International Space Law

Solntsev Aleksandr Mikhaylovich

Candidate of Juridical Sciences, Associate Professor,
Deputy Head of Department of International Law,
Peoples’ Friendship University of Russia
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Miklukho-Maklaya St., 6, 117198 Moscow, Russian Federation


Lazarev Nikita Dmitrievich

Student, Department of International Law,
Peoples’ Friendship University of Russia
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Miklukho-Maklaya St., 6, 117198 Moscow, Russian Federation


Volynskaya Olga Aleksandrovna

Consultant of International Law Department of International Conventions Administration,
Federal Space Agency (Roscosmos)
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Shchepkina St., 42, 107996, GSP-6 Moscow, Russian Federation


Abstract. The present paper is devoted to the analysis of the 2012 Protocol on Space Assets adopted to the Convention on International Interests in Mobile Equipment of November 16, 2001, as well as to the analysis of a system of international interests in space assets created by these two international acts. The correlation of the Protocol and the Convention with the provisions of the five United Nations space treaties is examined and the conclusion of their contribution to the development of international space law is made. In addition, in the article further development of the Berlin protocol is proposed and potential benefits of Russia (actual participant of the Convention) joining the Protocol are evaluated.
An urgent task for the development of the provisions of the Berlin Protocol is to develop this mode of transmission and the use of space assets, which would help to prevent the negative effects of space activities, which is a priori associated with increased risk. For the Russian Federation the prospects of accession to the Berlin Protocol are potentially positive.
In the conditions of the insufficient development of the private sector of space activities in comparison to some other countries, the Berlin protocol can be used as an incentive to the development of private space activity in Russia. 

Key words: international space law, 2001 Cape Town Convention, 2012 Berlin Protocol, space assets, international interests, UNIDROIT, UN Committee on the Peaceful Uses of Outer Space.

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