ULUSLARARASI KAMU HUKUKU II - Deneme Sınavı - 15

In the beginning, Draft Building Blocks for the Development of an International Framework on Space Resource Activities defines concepts like space resource, utilization of space resources, space resource activity, space object, space product, and operator. The principles for space mining activities are presented as follows: Space resources shall be used exclusively for peaceful purposes, space resource activities shall be carried out for the benefit and in the interest of all countries and humankind irrespective of their degree of economic and scientific development, space resource activities shall not harmfully interfere with other on-going space activities, including other space resource activities and international cooperation in space resource activities shall be conducted in accordance with international law. The correct answer is B.

Space debris is a general term referring to all tangible man-made materials in space other than functional space objects. Debris thus includes spent satellites themselves, ejected instrument covers, upper stages (orbital transfer stages), fragments thereof, and so on. They are objects which originate from what were functional space objects but which no longer serve a useful purpose (Masson-Zwaan, 2017: 33). Space debris is dangerous because it can crash to Earth, puts human space activities and life on Earth at risk. Space debris is very difficult (if not impossible) to clean up and the amount of it is increasing steadily despite the decline in the number of launches per year. The correct answer is C.

The purpose of the legal regime is to ensure that space activities are carried equally for the benefit of mankind, for peaceful purposes and so on. To put it another way, the legal regime of outer space and space activities protects international public order and public interests. This is why, sovereignty over outer space and celestial bodies, peaceful uses of outer space, freedom of exploration and use, international liability for breaches caused by space objects, registration of space objects and rescue and return of astronauts and space object are the topic under this vein. The correct answer is A.

There are different approaches to the delimitation of air and outer space. These approaches are classified as spatial approach and functional approach. The spatial approach suggests that a physical line must be set between air space and outer space. For instance, Von Karman suggested that the line between air space and outer space must be at an altitude of 100 km. He based this line according to the highest altitude that an aircraft might fly (Kopal, 2006: 17 – 18). The correct answer is B.

There are different approaches to the delimitation of air and outer space. These approaches are classified as spatial approach and functional approach. The spatial approach suggests that a physical line must be set between air space and outer space. For instance, Von Karman suggested that the line between air space and outer space must be at an altitude of 100 km. He based this line according to the highest altitude that an aircraft might fly (Kopal, 2006: 17 – 18).

In contrast to the spatial approach, the functional approach does not accept any boundary between air and outer space. Instead, it offers a distinction between air space and outer space activities. For instance, if an activity, regardless of the altitude, is being performed as an outer space activity, the regime of space law should be applied to this activity. As we see, the approach is more focused on the objective and the mission of the activity in applying air or space law (Kopal, 2006: 19). THe correct answer is A.

OST contains principles such as:

• the utilization of outer space activities shall be carried for the benefit of all humankind,

• freedom of both exploration and use of outer space,

• prohibition of sovereignty on outer space and celestial bodies,

• peaceful use of outer space,

• prohibition of replacement of nuclear weapons or other weapons of mass destruction in orbit or on celestial bodies,

• the status of astronauts as the envoys of humankind,

• the international obligation of states for supervising activities of public or private entities,

• international liability of States for damage caused by the space object,

• avoidance of contamination of space and celestial bodies and the earth from outer space.

The correct answer is E.

After the 9/11 attacks, ICAO pointed out new threats to civil aviation and reviewed the efficiency of the former Conventions. After this statement, ICAO has also worked on a new convention for several years and conveyed a diplomatic conference in Beijing in 2010. At the Conference, the Beijing Convention regarding aviation security was adopted and came into force in 2018.  The correct answer is D.

After the development of aircraft technology, the first conference was organized in Paris in 1910.

Both the 1919 Paris Convention and the 1928 Havana Convention are not in force anymore.

The International Civil Aviation Organization (ICAO)  was established by the Chicago Convention in Part II.

Powers and duties of the Assembly are to elect the member States to be represented on the Council, examine and implement the reports of the Council, decide on any matter referred by the Council, determine its own rules of procedure, establish a subsidiary commission if it is necessary, approve the budget of the Organization, review expenditure and approve the accounts of the Organization and so on.

SARPs: Standards and Recommended Practices are an element of the safety management of civil aviation. It aims to provide assistance to States to manage aviation safety risks in cooperation with their service providers. In this way this attempt supports the strategy to improve the safety performance of civil aviation.

The Chicago Convention only applies to civil aircraft. Therefore, the Convention makes a clear distinction between civil and State aircraft, and leaves State aircraft out of its scope. The Article 3/b of the Chicago Convention defines State aircraft as “aircraft used in military, customs and police services.

As for air transport, it is more related to the business aspect of aviation. It consists of carriage of passengers, baggage, cargo, and mail.

The Beijing Convention includes new crimes in light of the needs of international society against recent threats for civil aviation and unlawful transport of BCN weapons are defined as a crime by the Convention.

The first UN Treaty on outer space is the Outer Space Treaty (OST).

According to the OST, there is freedom of exploration and use of outer space. Therefore, everyone could perform any activity which is not forbidden. Apart from the OST, the MA is more likely to address space mining because it brings the common heritage of mankind principle, and permits exploitation of natural resources to be found in the future.

There is no 1935 London Convention for aviation. There is 1935-36 London Conference, but it is about navy.

The vital rules of the Chicago Convention are sovereignty on air space, territory, the legal status of civil and State aircraft, scheduled and non-scheduled air services, cabotage, prohibited areas, registry and nationality of aircraft, customs and immigration, requirements to be fulfilled concerning aircraft and so on

Powers and duties of the Assembly are to elect the member States to be represented on the Council, examine and implement the reports of the Council, decide on any matter referred by the Council, determine its own rules of procedure, establish a subsidiary commission if it is necessary, approve the budget of the Organization, review expenditure and approve the accounts of the Organization and so on