Отдельные правовые аспекты использования природных ресурсов Луны

Abstract

Introduction. 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.