Space Privatization in China's National Strategy of Military-Civilian Integration: An Appraisal of Critical Legal Challenges

Abstract

Encouraging private entities to participate in space activities is commonly recognized as a critical goal, and in China, it is now also considered a necessary step to implement its “military-civilian integration” (MCI) strategy, currently promoted at the national level. The legal challenges of this strategy should be assessed. From an international perspective, the absence of a legal framework of space arms control means that the recent developments toward militarization of space cannot be addressed and the danger of a possible arms race in space can currently not be prevented. If such danger materializes, it could also impede the smooth growth of civil space programs in which the nongovernmental sector should play a crucial role. From a Chinese domestic perspective, several regulations related to carrying out the MCI strategy in the area of space have been created in the form of “Opinions” or “Notices.” However, they contain few measures favorable to space privatization. In addition, several rules are restrictive regarding nongovernmental participants in space activities. Therefore, China must further improve its draft proposal of the “Treaty on the Prevention of Placement of Weapons in Outer Space and the Threat or Use of Force against Outer Space Objects” to garner more supporters and to modify national space regulations to implement international obligations. In addition, supportive measures for private participants are recommended to be included in China's future national space law.