Ilovaisky I.B., Davtyan-Davydova D.N., Huseynov T.A. Certain Legal Aspects of Using Natural Resources of the Moon
DOI: https://doi.org/10.15688/lc.jvolsu.2023.1.27
Igor B. Ilovaisky, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Civil Law Disciplines, Volgograd Institute of Management, branch of the Russian Academy of National Economy and Public Administration under the President of the Russian Federation, Gagarina St, 8, 400066 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-4210-9413
Daria N. Davtyan-Davydova, Senior Lecturer, Department of Civil and Private International Law, Volgograd State University (Base Department of the Southern Scientific Centre of the Russian Academy of Sciences), Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-9835-3004
Tofik A. Huseynov, Master Student, Volgograd Institute of Management, branch of Russian Presidential Academy of National Economy and Public Administration, Gagarina St, 8, 400066 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-7620-5262 I
ntroduction. The advances in the development of science and technology currently make it possible to develop natural resources in space, mainly on the nearest satellite of our planet – the Moon. Meanwhile, the last cross-border act regulating this sphere was created in 1979, i.e. more than 44 years ago. A limited number of countries have joined such agreements. Russia, the USA and China are not involved in all of these treaties. In view of the strategic, economic and military importance of space, such a state of the legal regulation can hardly be considered satisfactory, and becomes an indirect factor in the possible emergence of interstate conflicts and confrontation. In this regard, the purpose of the publication is to consider the current state and prospects of the normative improvement of international law in the field of exploration and exploitation of lunar and outer space. Methods. The research is based on the application of logical, dialectical techniques and the methods of scientific cognition, the comparative legal and legal-technical analysis of the texts of normative acts and the materials of law enforcement practice. Results. As a result of the research, various points of view of resolving legal problems accumulated in the field of lunar and outer space exploration have been considered on the basis of both conflict of laws and material regulation, including through the use of the method of analogy of law. The results of the review have become the basis for the following conclusions: the current international (unified) norms of law in this area require systematization and updating. The completion of such a process should be the creation of a comprehensive legally binding interstate act that will allow us not only to solve public and private legal tasks, but also to combine substantive and conflict-of-laws methods of regulation.
Key words: analogy of law, rights to lunar resources, conflict regulation, commercial development of lunar space, outer space, lunar resources.
Citation. Ilovaisky I.B., Davtyan-Davydova D.N., Huseynov T.A. Certain Legal Aspects of Using Natural Resources of the Moon. Legal Concept = Pravovaya paradigma, 2023, vol. 22, no. 1, pp. 197-206. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2023.1.27
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