On International Law Issues Of Near-earth Asteroid Defense

The impact of Near-Earth Asteroids on the earth has become one of the major hidden dangers threatening the survival and security of mankind,and is a hot issue of general concern to the international community now and in the future.Near-Earth Asteroid defense refers to the response to the risk of Near-Earth Asteroids hitting the earth,that is,when human beings face Near-Earth Asteroids that pose a potential threat to the earth,the orbit of Near-Earth Asteroids is deflected or directly destroyed through relevant technical means to maintain the survival and safety of human beings.At present,the research on Near-Earth Asteroid defense at home and abroad mainly focuses on science and technology,and there is a relative lack of research on the international legal issues involved.The main links in the implementation of Near-Earth Asteroid defense involve the militarized use of outer space,which does not violate the "principle of peaceful exploration and use of outer space",so it is not a situation prohibited in the militarized use of outer space.Along with the development of the militarized use of outer space,the international rules for outer space control are also gradually improving,which to a certain extent regulate the militarized use of outer space.With the transformation of the concept and mode of outer space control and its requirements for transparency in outer space activities,Near-Earth Asteroid defense will promote the development of outer space control,and then promote the development of limited militarized use of outer space "for peaceful purposes",so as to truly realize the peaceful use of outer space.At present,the international community has proposed various technical means applied to Near-Earth Asteroid defense,such as nuclear explosion technology,kinetic energy impact technology,etc.,according to the relevant provisions of existing international law,non-nuclear explosion technology for the purpose of Near-Earth Asteroid defense and the application of nuclear explosion technology have legality.Although the analysis of Near-Earth Asteroid defense has legitimacy from the perspective of international law,it is an act of safeguarding the survival and security of all mankind,maintaining international peace and development,and fulfilling obligations under international law,it should also be recognized that all kinds of defense technologies have dual uses,and while they are applied to Near-Earth Asteroid defense,they may also be illegally used to cause damage to other countries,and the subject of defense should bear responsibility for internationally wrongful acts;At the same time,if there is a problem with the defense mission or defense technology itself and causes damage to other countries,the defense subject needs to bear international liability for damages.From the perspective of the injured state,in the event of an armed attack,in addition to pursuing the above-mentioned international legal responsibility of the subject of defense,it can also exercise the right to self-defense in outer space to obtain rights remedies.Although China’s research in the field of Near-Earth Asteroid defense started late,it plays a positive role in promoting the construction of a community with a shared future for mankind in the field of planetary defense.At present,China does not have special domestic legislation on Near-Earth Asteroid defense,but as a party to international treaties such as the Charter of the United Nations,the Outer Space Treaty,the 1972 Convention on Liability,the 1976 Registration Convention,and an active practitioner of customary international law rules such as space debris mitigation,it should consciously abide by its relevant provisions and principles in the process of implementing Near-Earth Asteroid defense.The research on China’s Near-Earth Asteroid defense legal system is in its infancy,and there are still certain problems,so the legal system should be improved in combination with these legal issues,in order to provide reference for China’s better implementation of Near-Earth Asteroid defense.