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.     

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 While non-militarization has been superceded by the doctrine of non-aggression, the latter, as a necessary rather than sufficient condition for “peaceful purposes”, is tested to its limit by the pressing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.     

Scientists and arms control in outer space

Scientists have a special responsibility in helping to further the goal of arms control in outer space. Allan Din argues that it is incumbent upon them to study the development of weapons and the arms race, influence policy making at the national and international levels, and publicize the necessity of arms control. The author believes that a treaty controlling use of anti-satellite weapons is urgently required, while a long-term goal must be the formation of an international satellite monitoring agency to regulate use of intelligence-gathering indirect weapons.     

No deal in space: A bargaining model analysis of U.S. resistance to space arms control

Space systems are essential to the global economy and security. The possibility of disruptions arising from competition between the United States and China through the testing and deployment of weapons in space has led to concerns over an incipient space arms race that would threaten satellites, leading to international calls for a space arms control treaty. The paper presents a rationalist theory analysis on the lack of progress in establishing such a treaty, identifying the United States' position of primacy in the global order and its preeminence in space as a primary cause.     

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.     

反卫星武器发展的相关问题研究

随着卫星在现代战争中的作用日益增强,空间已成为各国新的战略制高点.介绍了反卫星武器系统的概念及结构,并对未来反卫星武器的发展建设从技术角度进行了分析与研究,最后对当前发展反卫星武器面临的问题进行了深入的剖析.     

美俄天基反卫星武器的发展

文章分析介绍了苏联(俄罗斯)反卫星系统的发展历程和美国反卫星技术的发展现状,并对反卫星武器的发展趋势进行了初步探讨。     

The militarization of space: A policy out of step with world events?

The onset of the Space Age had strong military overtones, but these were restrained by international agreement and the creation of civilian-led agencies such as NASA. Currently, however, a number of developments threaten to seriously undermine the concept of peaceful utilization of space, in particular the Strategic Defense Initiative, anti-satellite weapons research, and the routine intentional destruction of military satellites. There are nevertheless several factors mitigating military influence in space: the arrival of ‘non-superpowers’ as significant space explorers; greater ecological awareness; the virtual end of the Cold War; reaction against the cost and wastefulness of open-ended military expenditure; and the realization of the comparative efficiency of civil as opposed to military space expenditure in stimulating industry.     

浅析MD系统的卫星攻击能力

从美军海基导弹防御系统击落报废间谍卫星这一事件出发,分析了美国正在部署的导弹防御系统（MD）的反卫能力,包括地基导弹防御系统、海基导弹防御系统、机栽激光防御系统、天基导弹防御系统所具有的对各种卫星的潜在攻击能力。     

Orbiting spies—opportunities and challenges

The great improvement in civil observation satellite capabilities over the past two decades—such that the image quality of civil and military satellites is now converging—is demonstrated with the aid of illustrations. The advantages of such progress, eg. new tools for treaty verification, are discussed. Potential problems, including censorship and denial of access to images of one's own country, which may conflict with the UN Remote Sensing Principles, are also highlighted. It is suggested that work on an ASAT treaty should be made a priority for the future.     

The science and politics of an Indian ASAT capability

India has recently stated an intention to develop an anti-satellite (ASAT) capability. The reasons for this may include the country’s growing economic and political clout, alongside the increasing importance of space to this status, the significance of space assets to the military, a perceived threat from China, and fear of being disadvantaged in future treaty negotiations if not ‘in the club’. Nevertheless, development and use of an ASAT would have potentially catastrophic debris-related consequences that would also create major political problems for the user. The state of India’s ASAT activities is described and recommendations on avoiding hasty development, such as researching methods of protecting satellites, strengthening bilateral relations with China and pushing for a legally binding norm on ASATs, are made.     

浅析高功率微波武器的研究与发展

随着外层空间日益军事化,作为反卫星武器的高功率微波武器的研究与发展备受关注,其军事价值日益显现.对高功率微波武器的作用效能及特点作了详细分析,重点评述了各主要军事强国在高功率微波武器方面的研究情况.最后分析了高功率微波武器的发展趋势.     

Paxsat and progress in arms control : Canadian research focuses on remote sensing applications

Verification of arms control treaties is essential to provide adequate international confidence in treaty compliance. This Viewpoint underlines the responsibility of non-superpower countries to become more closely involved in space surveillance of treaties to which they are parties. In Canada, Paxsat research has focused on two potential applications of space-based remote sensing to multi-lateral arms control verification. The necessary technology is readily available in non-superpower countries for the Paxsat concept to be put into operation.     

The use of remote sensing to support the application of multilateral environmental agreements

There is a growing realisation of the increasingly varied and interesting possibilities for the use of Earth observation data to ensure compliance with international obligations generally, and treaty obligations in particular. Most examinations of the application of Earth observation data to monitoring states’ compliance with international obligations focus on the environmental sector. This paper proposes the use of remote sensing satellites for the support of multilateral environmental agreements (MEAs), especially land monitoring MEAs such as the Convention on Biological Diversity (1992) and the Kyoto Protocol (1997). It discusses the uses of remote sensing for treaty implementation or enforcement in general, and the admissability of satellite imagery as legal proof, before examining how Earth observation-derived data could be of benefit to specific MEAs. As sensors become increasingly sophisticated the use of remote sensing in this area should grow but it needs to be supported by its more widespread legal recognition as proof.     

The use of remote sensing satellites for verification in international law

This paper examines the use of remote sensing satellites for verification in public international law. Verification always depends on the specific agreement or mission to be verified. There are no general framework rules: the means of verification and the verifying authorities vary from agreement to agreement and from mission to mission. Rapid technological development and the intensifying international cooperation have led to an increasing number of international verification missions. Whereas, in the past, verification was at the heart of intelligence and national services, the commercialization of the remote sensing industry and the information revolution have supported the creation of joint initiatives in this field. Traditionally, verification is associated with disarmament and arms control treaties, but the paper will underline that this is only one field of application for verification missions. It is important to note that there is no binding international regime specifically addressing such activity. The lack of legal certainty in this field also applies to the use of remotely sensed data as evidence in legal proceedings.     

International cooperation in space : Enhancing the world's common security

Instead of preparing for space warfare, the USA could make tremendous use of space activities to enhance global security. Arms control verification, environmental monitoring and international cooperation on space missions are important examples. International space year, 1992, could be the time to launch a triumphant effort such as an international mission to Mars.     

The origins of the “Long-term Sustainability of Outer Space Activities” initiative at UN COPUOS

The success of space-based systems worldwide, providing services to society and satisfying defence and security needs, has led to a situation where outer space is increasingly crowded. In addition, the rapid proliferation of space debris threatens the safe utilization of outer space on the most commonly used orbits. Beyond the mitigation of the orbital debris threat, additional measures will be needed to ensure the safety and security of activities in outer space for the long-term. This article describes the initiative to introduce a new agenda item in the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS), first presented to COPUOS delegations in 2007, which led to a formal decision in 2009. This in turn led to the establishment of a dedicated Working Group of the Scientific and Technical Sub-Committee in 2010, with a work plan leading to a report and associated recommendations in 2014. Some references are made to other initiatives affecting space security, such as the Russia–China draft treaty (PPWT) tabled at the Conference on Disarmament and the EU-proposed Code of Conduct.     

A call for proactive xenoarchaeological guidelines – Scientific, policy and socio-political considerations

As planetary exploration advances, the likelihood of encountering suspected artifacts of astrobiological activity increases, which, it is argued, should be investigated under the auspices of proto-scientific xenoarchaeology. Considering both the unfavorable conditions under which such an investigation may be undertaken (e.g., while observing international planetary protection protocols, utilizing remote sensing techniques in exotic pressure, temperature, chemical, and gravity environments, or adhering to stringent terrestrial biological quarantine and security measures) as well as the demonstrated propensity of the social mind to romanticize or mythologize even the most benign planetary landforms, it is clear that a reactive and poorly preconceived xenoarchaeological methodology will be plagued by inaccuracies, rushed judgments, unrealized bias, misinformation, and erroneous conclusions, along with the negative socio-political impacts that accompany them. Central principles for establishing a rigorous xenoarchaeological methodology are proposed, scientific and technical difficulties are discussed, pertinent international protocols and agreements are reviewed, and sociological and historical considerations are explored.     

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.