Keeping the peace in outer space: a legal framework for the prohibition of the use of force

Outer space is an area of growing economic and technological importance. It is also a developing theatre of military defence and warfare. Against this backdrop, development of a legal framework on the use of force in outer space is of critical urgency. This paper proposes a framework for the development of international law in this area and also assesses the effectiveness of the current state of international law governing the prohibition on the use of force in the context of outer space. It expands upon a proposed role for the United Nations and outlines a proposed enforcement mechanism for the law on the use of force in outer space. This proposed framework rests on a three-tiered system involving an International Tribunal for Outer Space, an International Space Surveillance Agency and an International Space Inspection Agency, co-ordinated through a Secretariat under the auspices of the United Nations Office of Outer Space Affairs. The paper also provides a proposed Protocol on International Peace and Security to the 1967 Outer Space Treaty as a means of establishing the proposed enforcement mechanism. Finally, the paper looks at the complexities involved in developing the law, and moots immediate steps for its development.     

国际空间法中的限制性义务及其他规则概要

国际空间法是指调整国家、国际组织之间开展外空探索、利用、开发活动中权利义务规则的总称。狭义的国际空间法仅指以联合国外空五大公约为核心的国际条约体系,对于缔约国是具有强制的法律约束力的;广义的国际空间法还包括联合国大会决议和联合国外空委大会文件在内的不具有法律约束力、但具有很强的政治约束力的外空国际活动规则。中国1983年加入《外空条约》,1988年加入《营救协定》、《责任公约》和《登记公约》,没有加入《月球协定》。文章分析前4个公约以及《遥感原则》、《防止在外空部署武器条约草案》、"外空透明与建立信任措施"联大决议、《外空活动长期可持续准则草案》等不具有法律约束力的文件,简要分析其对中国航天活动可能产生的限制和影响,并提出对策、建议。     

United Nations Human Space Technology Initiative (HSTI)

The Human Space Technology Initiative was launched in 2010 within the framework of the United Nations Programme on Space Applications implemented by the Office for Outer Space Affairs of the United Nations. It aims to involve more countries in activities related to human spaceflight and space exploration and to increase the benefits from the outcome of such activities through international cooperation, to make space exploration a truly international effort.     

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 While non-militarization has been superceded by the doctrine of non-aggression, the latter, as a necessary rather than sufficient condition for “peaceful purposes”, is tested to its limit by the pressing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

Capacity building in space technology development: A new initiative within the United Nations programme on space applications

Since 1971 the UN Programme on Space Applications, implemented by the Office for Outer Space Affairs, has been organizing workshops, symposiums and expert meetings and providing training opportunities in the practical applications of space technology. In 2009 the Office launched the Basic Space Technology Initiative (BSTI). The BSTI encompasses a range of activities in support of capacity building in space technology development in response to the growing interest of academic and governmental organizations in many countries to establish basic, indigenous capabilities to develop nano- and small satellites. Considerations such as the education and training of experts, the creation of required testing and building infrastructure, opportunities for international cooperation and the applicable legal and regulatory frameworks are therefore of particular interest to these organizations. The BSTI aims to assist them with their efforts. This paper describes the origins of the initiative, the activities that have been conducted to date and the work planned for 2011 and beyond.     

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.     

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.     

Space Debris at the United Nations

Rules for activities in outer space are agreed upon in the Committee on the Peaceful Uses of Outer Space of the United Nations. Several international treaties have been adopted in the 1970s, that is, at a time before space debris became a concern for the international community. In the years 1979–1988 numerous documents were prepared by the UN Secretariat on space debris, but no official discussions of the problem were initiated by states members of the COPUOS. First proposals for introducing the matter to the UN appeared around 1988, after important studies on the subject were published by states and leading intergovernmental organizations. Also the International Telecommunication Union became concerned about the proliferation of space debris in the geostationary orbit and adopted in 1993 a recommendation to restrict the generation of debris and to re-orbit satellites approaching the end of their active lives into disposal orbits beyond the belt populated by active satellites. In 1994, the UN started discussing scientific and technical aspects of space debris. In the following years, with the assistance of experts from prominent space agencies, it elaborated a Technical Report on space debris. Legal aspects of the problem have not yet begun being discussed because the necessary consensus among states members of the COPUOS has not yet been achieved. Very recently, the UN received first information on a wider subject, space traffic management.     

Between heaven and earth: The legal challenges of human space travel

Since the first space object was launched into orbit in 1957, humankind has been engaged in a constant effort to realise ever more ambitious plans for space travel. Probably the single most important element in this ongoing evolution is the development of technology capable of transporting large numbers of passengers into outer space on a commercial basis. Within the foreseeable future, space will no longer be the sole domain of professionally trained astronauts or the exceptionally wealthy.The prospects for both suborbital and orbital private human access to space give rise to some interesting and difficult legal questions. It also opens up an exciting opportunity to develop an adequate system of legal regulation to deal with these activities. The existing international legal regimes covering air and space activities are not well suited to large-scale commercial access to space, largely because they were developed at a time when such activities were not a principal consideration in the mind of the drafters. The lack of legal clarity represents a major challenge and must be addressed as soon as possible, to provide for appropriate standards and further encourage (not discourage) such activities.This article will examine some of the more pressing legal issues associated with the regulation of space transportation of passengers on a commercial basis, seen in the light of Article 1 of the Outer Space Treaty of 1967, which states that the ‘exploration and use of outer space […] shall be carried out for the benefit and in the interests of all countries […] and shall be the province of all mankind’. An appropriate balance must be found between the commercial and technological opportunities that will arise and the principles upon which the development of international space law have thus far been based.     

The role of the united nations in promoting international cooperation in peaceful uses of outer space

The Committee on the Peaceful Uses of Outer Space (COPUOS) was established in 1959 by the United Nations General Assembly in order to review and foster international cooperation in the peaceful uses of outer space and to consider legal issues arising from the exploration of outer space. Since its establishment, the Committee has addressed such issues as benefits from space activities, the definition and delimitation of outer space and the use of the geostationary orbit, implications of remote sensing, space sciences, space-based communications, navigation and meteorological systems, as well as use of nuclear power sources in outer space, space debris and spin-off benefits of space technology. At its session in 1996, a symposium on the ‘Utilization of micro- and small satellites for the expansion of low-cost space activities, taking into particular account the needs of developing countries’ was organized by COSPAR and IAF to complement discussions on this theme. It was noted at the symposium that the increasing number of small satellites, in particular the proposed introduction of multi-satellite ‘constellations’ at low orbits, would result in concentrations of satellite mass at certain regions of space around the Earth. Special provisions would be needed to minimize the probability of satellite breakups and collisions which might create more space debris and compromise the future of spaceflight.     

Space debris and the world community

In the early years of space flight the United Nations rapidly developed the principles which now govern outer space activities. In contrast, international agencies have during the 1980s proved reluctant to confront the escalating problem of space debris, presumbly for fear of the likely expense of remedial action. The author of this Viewpoint argues that not all the necessary measures need be expensive, and even the most unpalatable would be cost effective in the long run. But concerted action is urgently needed before the problem becomes unmanageable. International discussions must be initiated through the Committee on the peaceful Uses of Outer Space without delay.     

Committee on the peaceful uses of outer space

The first artificial earth satellite, Sputnik 1, was launched on 14 October 1957 and proceeded to orbit the Earth blithely unconcerned with the political boundaries below. It was apparent that space activities had international implications. In the United Nations, the question of space activities was first raised in 1957 in the context of the debate on disarmament. In 1958, the ‘Question on the Peaceful Uses of Outer Space’ was placed on the agenda of the General Assembly, which adopted a resolution establishing an Ad Hoc Committee on the Peaceful Uses of Outer Space (COPUOS).     

History and impact of the 1996 UN declaration on ‘space benefits’

At its 1996/1997 session, the UN General Assembly adopted by consensus Resolution 51/122, containing a Declaration on international cooperation in space. This Declaration finalizes the agenda item which has become known as ‘Space Benefits’ in the UNCOPUOS Legal Subcommittee. It provides an authoritative interpretation of the cooperation principle in Article I of the Outer Space Treaty and should thereby put an end to North-South confrontation over the question of shaping the international order for space activities. This article traces the history of the run-up to adoption of the Resolution, analyses how it came to be accepted by all sides and examines its likely impact.     

Surreal estate: addressing the issue of ‘Immovable Property Rights on the Moon’

At a time when scientific and commercial interest in the Moon is being reinvigorated it is becoming fashionable for ordinary individuals to ‘buy’ plots on the lunar surface, with the ‘vendors’ arguing that an absence of specific prohibition of individual private activity in space makes such action legal. It is therefore time for the legal community to address this situation by investigating just how legal such activity is—and bringing their findings to the attention of governments. This can be done through an examination of the relationship between national law and international space law, of the provisions of international space law—especially Article 2 of the Outer Space Treaty—and by answering any claims to private ownership of immovable property. Aside from the fact that individuals appear to be being duped, the pursuit of property claims on the Moon could impede future activities aimed at benefiting society.     

The new debate on the working methods of the UNCOPUOS Legal Subcommittee

The 2014 session of the Legal Subcommittee (LSC) of the United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS) saw a particularly extensive and thorough debate on the working methods of this forum, which has the status of the highest body in space law making. By discussing the working methods it also became apparent how delegations actually regard the LSC and what expectations they have from it. In a time of considerable changes in space activities and space diplomacy alike, it was only a matter of time that such a comprehensive discussion arose. And while it did not immediately lead to decisions, it provided numerous signals for the future of the LSC.     

International outer space law

This report is an edited version of a talk given by Professor Christol at the Conference on Law and Life in Space, held at the Center for Aerospace Sciences, University of North Dakota, Grand Forks, ND, in September 1986. Professor Christol reviews the principles of space law as they relate to the relations between states, through existing treaties and agreements. He offers a hope that, through ‘strategic stability’, conditions will emerge for further agreements, and for public international outer space law to become more rigorous.     

Global space exploration 2025: Europe's perspectives for partnerships

Space exploration is an emblematic domain of space activities where traditionally only established space powers have been active. However, new actors are demonstrating great interest in it, principally for international prestige reasons, with an increasing number making ambitious plans. Complementing national endeavours, international cooperation has become a central element of most countries' exploration strategy, since the costs of doing it alone are so great. Europe's development into a fully fledged actor in space exploration requires a shared assessment of the future challenges, threats and opportunities with which it will be confronted in order to derive the best options for cooperation to lead and anticipate rather than follow and endure change.     

Quo vadis COPUOS?

Since 1958, the UN Committee on the Peaceful Uses of Outer Space (COPUOS) has been an international forum working to build a body of space law by universal consensus, a method of working which has been essential to ensuring the enforce-ability of its decisions. This consensus has degenerated in recent years, slowing the progress of space law — which has now fallen dangerously behind the development of space technology. Some important recent decisions have had to be taken by majority voting rather than consensus, to overcome the paralysis of COPUOS. This, however, can only be a temporary solution. The author makes an urgent plea for a return to COPOUS and its methods.     

Trends in the global space arena – Impact on Africa and Africa's response

Since the establishment of the United Nations Committee on the Peaceful Exploration and Uses of Outer Space (COPUOS) in 1959, many actions that affect the advancement of the space frontier have been taken, within and outside COPUOS, in the interest of the global community, but without much input from Africa. Yet a number of African countries have joined those with assets in space, albeit without the necessary infrastructure on the ground. These actions vary in scope, in importance and in participation; however, they affect us all. Examples include the legal instruments that are in operation today for the exploration and peaceful uses of outer space, sustainability of the outer space environment and the Global Exploration Strategy– Framework for Coordination (GES–FC), conceived by 14 spacefaring nations; this laid out the details needed for an active global space exploration programme. This paper reflects on existing space-related regional cooperation arrangements at the inter-governmental level, including the African Leadership Conference on Space Science and Technology for Sustainable Development (ALC). Noting that, despite UN General Assembly endorsement of the need for developing countries to have access to the International Space Station (ISS), almost all in Africa have not, it asks what Africa might gain from such an experience. The paper concludes with an examination of where and why Africa needs to focus its immediate space-related efforts – on the ground here on Earth or in outer space?     

Modeling international cooperation for space exploration

Space exploration into the twenty-first century is contingent upon the ability of states to forge an appropriate vehicle for international cooperation. A theoretical framework that explains international cooperation in space exploration is proposed. This framework encompasses scientific, technological, political, and economic initial conditions, state and nonstate political actors, and models of cooperation that explain how initial conditions and actors interact to realize cooperative outcomes. It is hypothesized that the prevailing initial conditions favor certain political actors over others which, in turn, promote a specific model of cooperation. Cooperative policy outcomes are examined and assessed vis-à-vis case studies of cooperation in space exploration. On this basis, policy recommendations that engender effective cooperative outcomes in space exploration are suggested.