Itar And The Security Exception: Lessons For Developing Indonesian Defensive Satellites

Abstract

Outer space technological development, pioneered by military superpowers including the USA, China, and Russia gives other countries a variety of technologies which they have chosen to use to strengthen their national defence. “The higher the demand, the more expensive it gets.” A country is free to choose what technology to use, but the producer controls who can use their technology. Policies to limit or control space-technology is most clearly reflected by USA policy, named ITAR (International Trade in Arms Regulation), which enables the USA to choose who is able to avail themselves of space technology. A quasi-arbitrary policy like ITAR has harmed the spirit and the soul of international trade law which empowers the “free trade” market that is happening in today’s world. Policy alike has made the US gripped other countries like Indonesia and made them ‘dependence’ on their sophisticated technology and deprived other state’s sovereignty on their space technology, eventually. This study analysed this unprecedented subject through the lens of International Law, especially International Trade Law, encompassing related laws like GATT (General Agreement on Tariffs and Trades) and related precedents on WTO (World Trade Organization) DSB (Dispute Settlement Body) judicial decisions. The results of analysis through international law, assisted with dependence theory and world-system theory (1) categorize the related policy as a violation of GATT, specifically to Article XXI (b) point (ii) about security exception and (2) for the future of Indonesian outer space development, this country should utilize a security exception clause to release itself from the atrocities of ITAR policy or other similar policies.