OUTER SPACE OUTER SEA OUTER LAND AND INTERNATIONAL LAWPDF电子书下载

查看更多关于的内容

Introduction 1

PART ONE OUTER SPACE 5

Chapter Ⅰ Identification Issue 14

Chapter Ⅱ Sovereignty and Legal Status Issue 27

Chapter Ⅲ Sovereign Right,Freedom,Control and Jurisdiction Issue 36

1.Right and Freedom 37

(ⅰ)Freedom of Access 38

(ⅱ)Freedom of Exploration 39

(ⅲ)Freedom of Scientific Investigation 50

(ⅳ)Freedom of Use 52

Nuclear Power Sources 60

Geostationary Orbit 62

Remote Sensing 69

Direct Television Broadcasting 75

(ⅴ)Freedom of Exploitation 77

(ⅵ)Other Freedoms and Rights 78

2.Control and Jurisdiction 78

Chapter Ⅳ Obligation,Compulsion,Responsibility and Liability Issue 80

1.Obligation and Compulsion 81

(ⅰ)Activities to be consistent with the rules of international law including the Charter of the UN—No immunity from 'Rule of Law',Earthly Law 81

(ⅱ)Activities to serve the common interest of all mankind—The central policy 82

(ⅲ)Activities to be'exclusively for peaceful purposes(the most used and abused phrase)'—The only meaningful choice 83

(ⅳ)Activities to be in the interest of the maintenance of international peace and security—No compromise on fundamental principle.'Star Wars'Programme 86

(ⅴ)Activities to promote international cooperation and understanding—The necessity of the present age 96

(ⅵ)Activities involving exercise or enjoyment of right or freedom to respect simultaneously others'rights and freedoms—Equality and mutuality 99

(ⅶ)Activities to be conducted with the maximum publicity—Right of everyone to know 99

(ⅷ)Activities to ensure preservation of the environment—For a clean and healthy world,all-over and all-around 101

(ⅸ)Activities to ensure common management and distribution of the natural resources of the celestial bodies—A future plan 101

(ⅹ)Activities to evolve a comprehensive and compact outer space legal regime and an independent Outer Space Organization—Outer legal order for an effective inner legal order 103

2.Responsibility and Liability 106

PART TWO OUTER SEA 111

Chapter Ⅴ Identification Issue 118

Chapter Ⅵ Sovereignty and Legal Status Issue 127

Chapter Ⅶ Sovereign Right,Freedom,Control and Jurisdiction Issue 140

1.Right and Freedom 141

(ⅰ)Freedom or Right of Navigation 142

(ⅱ)Freedom or Right of Overflight 142

(ⅲ)Freedom or Right to Lay Submarine Cables and Pipelines 142

(ⅳ)Freedom or Right to Construct Artificial Islands and Other Installations permitted under international law 143

(ⅴ)Freedom or Right of Fishing 144

(ⅵ)Freedom or Right of Scientific Research 145

(ⅶ)Other Freedoms and Rights in relation to the High Seas 148

(ⅷ)Freedoms and Rights in relation to the Area 150

2.Control and Jurisdiction 156

Chapter Ⅷ Obligation,Compulsion,Responsibility and Liability Issue 159

1.Obligation and Compulsion 159

(ⅰ)Activities to be consistent with the rules of international law including the Charter of the UN—General application of general international law 160

(ⅱ)Activities to serve the common interest of all states and of mankind as a whole—The basic policy 160

(ⅲ)Activities to be exclusively for peaceful purposes—No other better alternative 161

(ⅳ)Activities to be in the interest of the maintenance of international peace and security—Matter of basic necessity 162

(ⅴ)Activities to promote international cooperation and understanding—Beyond isolationism and towards active interdependence 164

(ⅵ)Activities involving exercise of freedoms to respect simultaneously others'freedom—Freedoms not so free 166

(ⅶ)Activities to ensure co-operation with the international mechanism in the management,distribution,development and conservation of the natural resources—Justice for all 166

(ⅷ)Activities to carry out scientific research for the benefit of mankind as a whole—Science in the service of man 168

(ⅸ)Activities to ensure preservation of the marine environment—Measures against pollution 169

(ⅹ)Activities to strengthen the sea legal regime and its institutional system—Respect for international sea legal order and international consensus 171

2.Responsibility and Liability 185

PART THREE OUTER LAND 189

Chapter Ⅸ Identification Issue 194

Chapter Ⅹ Sovereignty and Legal Status Issue 197

Chapter ⅩⅠ Sovereign Right,Freedom,Control and Jurisdiction Issue 219

1.Right and Freedom 219

2.Control and Jurisdiction 221

Chapter ⅩⅡ Obligation,Compulsion,Responsibility and Liability Issue 222

1.Obligation and Compulsion 222

(ⅰ)Activities to be consistent with the rules of international law including the Charter of the UN—No scope for non liquet plea on the fundamental issues 222

(ⅱ)Activities to serve the common interest of humanity—The core principle 232

(ⅲ)Activities to be for peaceful purposes only—For peace on the white continent 223

(ⅳ)Activities to be in the interest of the maintenance of international peace and security—Basic condition for international stability and development 224

(ⅴ)Activities to promote international cooperation in scientific investigation—Interest of science and benefit of all mankind 224

(ⅵ)Activities to be conducted with the maximum publicity—For the sake of mutual trust and benefit 225

(ⅶ)Activities not to be projected as the cause or consequence of or for past,present or future sovereignty—For an undivided part of the largely divided'One Planet' 226

(ⅷ)Activities to ensure management,distribution,development and conservation of the natural resources through collective mechanism—A lex ferenda recommendation for a very balanced exploitation of the natural resources 227

(ⅸ)Activities to ensure protection and preservation of the environment and ecosystem—Matter of topmost priority 230

(ⅹ)Activities to evolve an effective Antarctic legal regime with an independent Antarctic Organisation—A lasting regime for the Last Continent 232

2.Responsibility and Liability 233

CONCLUSION 235

REFERENCES 243

APPENDICES 263

查看更多关于的内容