Mitigating International Norms Through Contestation: Peaceful Purposes in Space Law and the Security Dilemma

Abstract

The present contribution proposes to analyse the evolution of the meaning of ‘peaceful’ in space law as an example of how international norms can be emptied of their substance without putting their legality into question. By highlighting different phases of the evolution of the ‘peaceful purposes’ principle and linking it to the peculiar context and security dilemmas of the time, the motivations and the form in which the principle was contested are fleshed out. Drawing on this case study of legislative contestation, it concludes that in matters related to international security, security dilemmas can shape subsequent State practice, allow for a translation of the power dynamics of the international community into international law, and lead to the erosion of norms. In these circumstances, the importance given to the subsequent practice of the states should be reduced in relation to the other interpretive tools.