Consideration of space activities by the UN general assembly

The thirty-ninth session of the United Nations General Assembly affirmed ‘that complete and general disarmament warrants that outer space should be used exclusively for peaceful purposes and that it shall not become an arena for an arms race’.This text appears in the first of two important resolutions concerning outer space adopted by the General Assembly during its last session. Also in the first resolution, entitled ‘Prevention of an Arms Race in Outer Space’ (A/39/59 of 12 December 1984), the Assembly called upon all states, particularly those with major space capabilities, to contribute actively to the objective of the peaceful uses of outer space and to take immediate measures to prevent an arms race in outer space in the interest of maintaining international peace and security and promoting international cooperation and understanding.     

The PCA Rules for dispute settlement in outer space: A significant step forward

Outer space activities have evolved significantly. While they were previously the exclusive domain of a restricted number of states, now thanks to technological advances and the easing of governmental restrictions, space activities are carried out on a much larger scale and involve subjects of both a governmental and non-governmental nature. Furthermore, the commercial uses of outer space are making space business increasingly profitable and attractive to potential investors. As the economic value of outer space activities, as well as the number of space actors grows, it is nearly inevitable that international disputes related to the use of outer space will occur. Until recently, international space law contained little dedicated machinery to settle international outer space-related disputes. This absence significantly weakened the applicability and enforceability of space law and contributed to a climate of uncertainty. In order to address these issues, the Permanent Court of Arbitration (PCA) adopted the Optional Rules for Arbitration of Disputes Relating to Outer Space Activities on 6 December 2011. The PCA Space Rules represent a significant development in the field of space law because they provide a voluntary and binding dispute settlement method accessible to all space actors and modeled on the specific legal and economic characteristics of space activities. This paper describes the genesis of the PCA Space Rules, assesses their content and innovative character, evaluates their possible implications for the settlement of outer space disputes, and argues that they should be positively received by the outer space community.     

The “peaceful purposes” principle in outer space and the Russia–China PPWT Proposal

Using the global commons for “peaceful purposes” is agreed upon among states in principle but disputed in substance. While non-militarization has been superceded by the doctrine of non-aggression, the latter, as a necessary rather than sufficient condition for “peaceful purposes”, is tested to its limit by the pressing issue of space weaponization. An international treaty to plug the gaps of the Outer Space Treaty should be negotiated. This would require the prohibition of both weapons in outer space and anti-satellite weapons on Earth. The Draft Treaty on Prevention of the Placement of Weapons in Outer Space and of the Threat or Use of Force against Outer Space Objects, proposed by Russia and China at the Conference on Disarmament, is an effort in this direction. However, divided views are held on several issues arising from the draft treaty, e.g. the efficiency of the current regime of outer space law, definitions of “weapons in space” and “threat or use of force”, and verification. A primary reason for US opposition to the draft treaty are security concerns over its space assets. However, exercising the right of self-defense is excluded from the obligations of disarmament and this is explicitly affirmed in the draft treaty.     

Transparency and confidence-building measures for space security

Transparency and confidence-building measures (TCBMs) are a set of tools designed to display, predict and discipline states’ behaviour with respect to maintaining the security of space. With intentional and unintentional threats to the peaceful use of space on the rise, there is a growing international consensus on the need for greater transparency in space-related activities as well as confidence-building measures to reduce the prospects of disruption to the ever-expanding role of space in our day-to-day lives. Terrestrial TCBMs can serve as a guide to understanding what political arrangements are possible in space, including certain precedents in the areas of arms control, non-proliferation and disarmament. At the same time, current and emerging challenges in space - including orbital space debris, risk of collisions, growing saturation of the radiofrequency spectrum, the crowding of satellites in geostationary (GEO) orbit and threat of purposeful disruption - need to be evaluated in the context of unilateral, bilateral, multilateral and private initiatives to increase space situational awareness and security. This paper describes and evaluates various prospective TCBMs alongside current proposals to advance safety and security in space, including the EU Draft Code of Conduct for Outer Space Activities. It offers specific recommendations, arguing that Europe is uniquely qualified to negotiate a 21st century TCBM architecture thanks to its history of diplomacy and ability to identify common ground among disparate parties. This will only happen, however, with a more defined institutional design and the EU’s emergence as a global civilian leader.     

A European military space community: Reality or dream?

Europe is faced with several essential policy decisions with regard to the exploitation of space technology. Important issues are: the relations between civilian and military uses of outer space, employment opportunities, industrial and commercial interests, European security and international stability, regional and international cooperation. Concerted action is required for political reasons and in order to achieve the necessary scientific, technological and economic critical masses. Another major policy issue is, therefore, whether Europe should expand its space venture in the framework of a European military space community as proposed by France, through national or bilateral programmes, by participating in the US SDI research, or through NATO, the Independent European Programme Group, the Western European Union, or the European Space Agency.     

The European Union draft Code of Conduct for outer space activities: An appraisal

The European Union draft Code of Conduct for outer space activities is one of the primary international initiatives, that are currently active, to enhance the safety, security and sustainability of outer space activities. Although the spirit underlying the instrument is commonly shared by space-faring countries, substantial disagreement exists among States as to some of its core provisions. This article proposes that the Code of Conduct should make a clear distinction between commercial activities and military activities, and adopt more balanced measures on the restriction of military activities in outer space.     

US national missile defence and international security: blessing or blight?

With the revival of the US national missile defence, there is a danger of jeopardising not only the existing arms control and disarmament process, but also some of the measures that are on the table in the United Nations for negotiations. Examples of these are the prevention of an arms race in outer space and the nuclear fissile materials cut-off agreement. In this paper, the missile defence issues are examined. It is suggested that, if the US builds a missile defence system that is allowed by the 1972 Anti-Ballistic Missile Treaty between the USA and Russia, it could achieve its goal of defending itself against a limited missile attack. With this kind of approach, it may be possible to save many of the long-standing bilateral and multilateral treaties and prevent the beginning of a new and much wider nuclear arms race.     

The need for a United Nations space policy

The international community is entering an era of shared global utilities from space and is increasingly reliant on space systems and activities that support a myriad of applications and utilities on Earth. A growing number of states are seeking to develop or extend their space capabilities. At the same time, a variety of non-state actors are also extending their involvement in space activities. The United Nations is the principal inter-governmental forum to deal with various space issues of global importance. Moreover, the United Nations system itself has become increasingly reliant on space systems for its day-to-day operations. In order for the United Nations to play its necessary role in the space arena, it will need to be supported by a space policy. A United Nations space policy would provide over-arching guidance on space activities for UN stakeholders in the space arena; it would inform UN participation in space activities and would promote improved coordination and cooperative governance of outer space activities. A world without a common UN space policy will not be able to respond to the challenges of the rapidly evolving space arena in the 21st century.     

Arms control and disarmament in space: the rough road to Vienna 1984: Part I

This article examines the international legal and diplomatic questions relating to arms control and disarmament, focusing on space-based activities. These relate importantly to the development of anti-satellite satellites (ASATs) and ballistic missile defence systems (BMDs). Part I of the article examines the goal of ‘peaceful uses’ of outer space as elaborated in national policies and in international fora, the debate that has has taken place at the international level over the meaning and definition of peaceful purposes, legal manoeuvres, particularly in the UN, and US responses, and recent Soviet initiatives relating to space militarization. Part II will appear in the next issue, and will consider the US Presidential-Congressional dialogue on these questions and recent Presidential initiatives.     

The growing ‘securitization’ of outer space

Discussions of space security tend to recurrently return to the vexed issue of the ‘militarization’ and ‘weaponization’ of outer space. Debate over whether or not a sustainable definition can be maintained between these two concepts has been a feature of both academic and policy discourses, and has been particularly contentious with regard to new proposals for arms control in outer space. Yet, this paper argues, the militarization/weaponization debate fails to capture to vagaries of contemporary space policy with regard to understandings of ‘security’, and is in this sense an insufficient way of approaching the subject of space security in the first instance. Instead it is now more accurate to say that outer space is becoming ever more ‘securitized’: that is, access to space is now commonly framed as crucial to the military, economic and environmental security of leading states and international organizations.     

Astromedicine and astrolaw: Emerging issues for advanced missions beyond Earth orbit

It is generally agreed within the scientific community that provision of appropriate medical facilities and administration of quality health care to astronauts are of great importance. However, for the more complex and remote missions envisaged for the future, issues of liability, responsibility and damage relating to medical practice may take on a greater significance and will need to be addressed. The author briefly reviews potential issues which may arise in the context of medical emergencies, crew autonomy and environmentally altered physiological status which characterize some projected advanced space missions and argues that the law of outer space will need to be expanded to take account of them.     

Space policy challenges facing the Barack Obama administration

President Barack Obama faces space policy challenges in security, commercial and civil areas in an era in which the use of space assets for these ends is irreversible. The very future of space is linked to addressing the challenges within the first term of the Obama administration. This paper draws on, but does not attempt to summarize, discussions at the National Space Forum 2008 organized by the Eisenhower Center for Space and Defense Studies at the United States Air Force Academy and the Center for Strategic and International Studies (CSIS) in Washington, DC. The goal of the forum was to examine the key decisions that will need to be made in regard to space policy by facilitating debate among the security, commercial and civil space sectors, and the broader national policy community. The paper focuses on choices which, for budgetary or other reasons, cannot be delayed. A brief discussion of the issues surrounding each choice is presented, followed by the implications of pursuing different choices. One key assumption underlies everything: resources available for activities in space will not grow significantly in real terms over the course of the Obama administration.     

The environmental dimension of space arms control

Current debates on the prevention of an arms race in outer space are dominated by the traditional perspective of international strategic balance. This article addresses the issue through the often-neglected lens of environmental protection, reviewing a number of environmental instruments as they relate to outer space. It argues that environmental protection, as a non-traditional element, is an instrumental impetus for arms control. The current regime leaves the door open for states to develop conventional orbital weapons and ground-based anti-satellite weapons (ASATs), which would have a significant adverse impact on the space environment. Thus the law of environmental protection is deficient in effectively protecting the space environment from pollution resulting from military activities. It is further argued that the space arms control regime should be strengthened for humanity's common interest in a sustainable space environment. Preferably an international treaty should be concluded to prohibit testing, deployment and use of space-based weapons and ASATs. These substantive obligations also conform to the requirements of safeguarding international peace and security, and the security interests of spacefaring countries.     

Ukrainian national space law from an international perspective

As one of the three former Soviet republics engaged in space activities, the Ukraine has had to formulate new national space legislation as a means of demonstrating a responsible attitude to the international security system, of harmonising its legislation with that of its international political and economic partners and of creating clear guidelines for investors. This article presents the background to the formation of Ukrainian space law, describes some of the new laws enacted and discusses these within the context of international space law. Particular attention is paid to the legal regulation of commercial activities, to dual-use issues and to the effect of international cooperation on Ukrainian space law development.     

Assuring the sustainability of space activities

The growth of new space systems and the continued creation of orbital debris could in a few years make activities in Earth orbit unsustainable, so finding cost-effective ways to sustain space activities in Earth orbit is essential. Because outer space activities serve the needs of the military–intelligence, civil, and commercial communities, each with their own requirements, creating the necessary international agreements for reaching and maintaining a condition of sustainability will not be easy. This paper summarizes the primary issues for the international space community regarding our future ability to reap the benefit of space systems in Earth orbit. It explores several of the efforts to develop international agreements that would lead to or support the sustainability of space activities and examines the benefits and drawbacks of each approach. In particular, it reviews progress within the UN COPUOS, and examines the EU's proposal for an international Code of Conduct for Outer Space Activities. It also notes the need for states to establish or expand their own space legal infrastructure to conform to the UN treaties and guidelines for space activities.     

Preventing the weaponization of outer space: Is a Chinese-Russian-European common approach possible?

Preventing the weaponization of outer space is one of the most relevant issues of the current space law debate. In recent years discussions on this issue have significantly increased in international fora, such as the UN Conference on Disarmament and the COPUOS. While it has not been possible to arrive at an agreed solution on how to efficiently deal with the problem of possible weaponization of outer space so far, several valuable proposals have been put forward. China and Russia, on the one side, and the European Union, on the other, have taken the lead in this respect. While the former have submitted a proposal for a draft treaty on the demilitarization of outer space, known as the PPWT, the latter has issued a Draft Code of Conduct for Outer Space Activities. Despite the differences between the two proposals, this paper proposes the development of a Chinese, Russian and European common approach aimed at preventing the weaponization of outer space. Although such a goal is undoubtedly challenging, some political and legal factors may enable such cooperation in the not-too-distant future.     

Overview of the legal and policy challenges of orbital debris removal

Much attention has been paid recently to the issue of removing human-generated space debris from Earth orbit, especially following conclusions reached by both NASA and ESA that mitigating debris is not sufficient, that debris-on-debris and debris-on-active-satellite collisions will continue to generate new debris even without additional launches, and that some sort of active debris removal (ADR) is needed. Several techniques for ADR are technically plausible enough to merit further research and eventually operational testing. However, all ADR technologies present significant legal and policy challenges which will need to be addressed for debris removal to become viable. This paper summarizes the most promising techniques for removing space debris in both LEO and GEO, including electrodynamic tethers and ground- and space-based lasers. It then discusses several of the legal and policy challenges posed, including: lack of separate legal definitions for functional operational spacecraft and non-functional space debris; lack of international consensus on which types of space debris objects should be removed; sovereignty issues related to who is legally authorized to remove pieces of space debris; the need for transparency and confidence-building measures to reduce misperceptions of ADR as anti-satellite weapons; and intellectual property rights and liability with regard to ADR operations. Significant work on these issues must take place in parallel to the technical research and development of ADR techniques, and debris removal needs to be done in an environment of international collaboration and cooperation.     

Space life and biomedical sciences in support of the global exploration roadmap and societal development

The human exploration of space is pushing the boundaries of what is technically feasible. The space industry is preparing for the New Space era, the momentum for which will emanate from the commercial human spaceflight sector, and will be buttressed by international solar system exploration endeavours. With many distinctive technical challenges to be overcome, human spaceflight requires that numerous biological and physical systems be examined under exceptional circumstances for progress to be made. To effectively tackle such an undertaking significant intra- and international coordination and collaboration is required. Space life and biomedical science research and development (R & D) will support the Global Exploration Roadmap (GER) by enabling humans to ‘endure’ the extreme activity that is long duration human spaceflight. In so doing the field will discover solutions to some of our most difficult human health issues, and as a consequence benefit society as a whole. This space-specific R&D will drive a significant amount of terrestrial biomedical research and as a result the international community will not only gain benefits in the form of improved healthcare in space and on Earth, but also through the growth of its science base and industry.     

Security considerations in signal detection

This paper maintains that international security considerations are likely to present major problems to the community of scientists who first confirm the existence of an extraterrestrial technology. The discussion focuses on those activities that will affect the SETI community should a detection be made. It is probable that security agencies will require official debriefings, signal monitoring, some forms of information management, and a voice in science policy with regard to reply. The SETI community has, in the past, underestimated the constraints that are likely to be placed upon them in the post-detection environment. Such constraints present major problems for the scientific community. Response to these constraints should be discussed prior to detection.     

A language for arms control in space

Although precise terminology has been invented for all kinds of weapons and battle theories, the language used for arms control remains vague. Precise definitions and demarcations for arms control concepts and regions of outer space can make disarmament discussions more specific and thus more productive. Thie viewpoint puts forward a proposed terminology, in the hope that it will increase the prospects for control of space weapons.