Military Use Of Outer Space Research Articles

The formation of international legal principles on the prevention of the placement of weapons in outer space (1959-1979)

This research article explores the issue of the formation of international legal principles on the prevention of the placement of weapons in outer space (1959-1979). The historical prerequisites and main provisions of key international treaties related to this issue are analyzed. The gradual formation of key agreements in the context of political confrontation and mistrust between the leading space powers, which is considered in the research, was an important step in limiting and containing the arms race in outer space. The article also discusses the limitations and gaps of the main agreements of international space law and related agreements, which only partially regulate the military use of space and do not address new types of weapons and technologies that can be deployed or used in outer space for military purposes.
 The article suggests that one of the ways to strengthen the international legal framework for outer space demilitarization is the development of new international agreements that would prohibit the proliferation and use of such weapons and technologies in space, and that would protect outer space from aggressive military activities. Moreover, the article justifies the importance of the international legal regulation of the military use of outer space as a tool for preventing an arms race in outer space. It can include such issues as regulation of new types of weapons and their deployment that are not prohibited by main international agreements of international space law and ensuring the peaceful use of outer space.
 The article also presents an explanation concerning a concept of «weaponization of space», which is part of the military use of space. In this vein, it evokes the necessity of further strengthening of the international legal regulation of the discussed topic.

Ambiguities in Space Law as Path towards Weaponization of Space: the Case of the Outer Space Treaty. Remarks on Regulation of Weaponization of Outer Space by Space Law

Nowadays, space management is widely recognized as an important area of global governance. The management of outer space is very complex, therefore activities of states in outer space realm are regulated by Outer Space Treaty. However, due to a number of ambiguities in the provisions of the Outer Space Treaty regarding the military use of space, loopholes for an increase in militarization and weaponization of space have emerged, thus causing serious problems with space security and affecting the sustainable use of space. Such shortcomings in the regulation of the military use of outer space by the Outer Space Treaty, including the lack of definition of certain terms and the establishment of appropriate procedures, allow the parties to freely interpret the relevant terms, and also conduct experiments in space, which contribute to the militarization and weaponization of space. Naturally this issue poses global security threat, because once the militarization or weaponization of outer space has started, it is almost impossible to reverse this process. In addition, the development of anti-satellite weapons and the dual purpose of satellites orbiting the Earth undoubtedly adds to the political and legal challenge of managing outer space. Therefore, this articles claims, that the legal regulation of outer space requires thorough revision in order to effectively address the issue of legal mechanisms in outer space.

A világűr militarizálásának kérdéseiről

A világűr katonai felhasználása a hidegháború „terméke”. A szemben álló szuperhatalmak először felderítési célokból bocsátottak Föld körüli pályára műholdakat, hogy információt szerezzenek a másik félről. A műholdak távérzékelési (felderítési), távközlési, meteorológiai és navigációs célokból nemcsak katonai alkalmazásban játszanak jelentős szerepet, hanem polgári szempontból is hasznosak. A katonai alkalmazás egészen a kezdetektől magában hordozta a világűrben tervezett harcot, mely során a szemben álló felek egymás űreszközeit semlegesítik. A világűrben telepített fegyverrendszerek korábban tudományos fantasztikumnak hatottak, sok esetben csak a tervezés fázisáig jutottak el, néhány eszközt viszont sikeres kísérleteket követően megvalósítottak. Az űreszközök sérülése nemcsak katonai, hanem gazdasági és társadalmi vonatkozásokban is jelentős károkat tud okozni. A világűrben folyó fegyverkezés megakadályozása a nemzetközi közösség egyik fő célja. A világűr felhasználását szabályozó egyezmények nem követik a technológiai fejlődést, és szükségessé vált a műholdak elleni fegyverek korlátozása, esetlegesen fegyverzet-ellenőrzési rezsim létrehozása és működtetése a világűr vonatkozásában.

INTERNATIONAL SPACE LAW AND LEGAL ENTITIES

From the very beginning of the space activity in the middle of the XX cen tury the whole of it was considered mostly from the point of view of the military use of outer space. The only subjects of the space activity were states. All legal regulation of the activity was formatted by states. Both responsibility and liability for all activity were laid down upon states whoever was busy with the activity. Over time as technology advanced the outer space has become a place of the so calledactionoriented kinds of the use of the space. These are tele- and radio emission; the access to the Web; collection of meteorological and ecological data; communication and traffic, as well as remote sensing of the surface of the Earth and its subsoil. Practically all action-oriented kinds of the use of the space are made by means of the artificial satellites, the number of these active in the space is now estimated as about 2000. The space activity turned out to be quite profitable, so that it became an object of big investments. Naturally significant capitals of private business began to flow into outer space. Multinational corporations got interested in the space activity as well. Lately private companies began to pay attention to comets and asteroids since real technical opportunities appeared to develop their natural resources. A peculiar feature of these celestial bodies is, that some minerals are there quite pure so that the development might be much more profitable than on the Earth. But the consequences of the development are vague. The main document of the space law, the Treaty on the principals of space activity 1967 fully forbids national appropriation of space and celestial bodies.

Legal Issues and Prospects for No Placement of Weapons in Outer Space

Introduction. The article analyzes the current situation in the use of outer space, which is characterized by the expansion of outer space activities, increased competition and a dangerous trend of the possible placement of weapons in outer space. After examining the existing international outer space law, the author identifies gaps in international treaties that must be addressed in order to prevent the deployment of weapons in outer space. Particular emphasis is placed on the study on the assessment of effectiveness of international legal efforts of the Russian diplomacy in dealing with this urgent task.Materials and methods. The methodological basis of the study comprises general scientific methods of knowledge: analysis, synthesis, induction/deduction, analogy, as well as special scientific methods: comparative legal, formal legal and statistical methods.Results of the study. It was revealed that international outer space law has been developing from the beginning in the logic of limitations on the military use of outer space. However, they are selective and permit the deployment in outer space of non-nuclear weapon systems. There is a real threat of weapons being deployed in outer space especially because the USA is not even hiding such an intention. A number of negotiating bodies exist to eliminate this threat by international legal means. Russia continues an active diplomatic work in the UN, at the Conference on Disarmament and other locations. The author demonstrates that support for Russian initiatives is growing, but they are persistently confronted by the United States and their allies.Discussion and conclusion. Based on the results of the analysis and expert opinions the author advances specific proposals in support of Russia’s diplomatic efforts to prevent confrontation in outer space. It is recommended that the number of countries which pledged not to be the first to place weapons in outer space should be expanded; that this subject should be included in the BRICS documents; that the second conference on peaceful use of outer space dedicated to the 60th anniversary of the Yuri Gagarin space flight should be to be held in Moscow in 2021.

Applicability of Civil and Defense Dual Use to Space Situational Awareness System in Japan

This article deals with the possibilities and challenges of Japan's dual-use space situational awareness (SSA) systems. Japan is unique in a way that military use of outer space was completely prohibited for almost 40 years until the Basic Space Act (2008) became effective. The change in its space policy was decided because of the rapidly worsening security environment in East Asia, accompanied by preeminent threats to the safety, stability and sustainable use of outer space that constitutes a prerequisite for the safety and welfare of any country. This has led Japan to begin developing a full-scale SSA operation. However, Japan's long-standing non-military practice forces it to design and develop its SSA systems in a different manner than other advanced spacefaring nations. Given such conditions/restrictions, this article first identifies a Japanese means of constructing full-scale dual-use SSA systems, particularly taking into account the functions and capabilities of the Japan Aerospace Exploration Agency (JAXA), the significance of the Japan-U.S. Alliance and a series of recent governmental decisions. The merits and challenges of Japan's whole-of-government construction of the dual-use SSA will then be explored; this involves difficult processes to coordinate different defense and civil mission requirements. The conclusion envisions a balance between the Japan Air Self Defense Force's superior air defense capability and JAXA's accumulated technical capabilities, which together would enable full-fledged defense space utilization starting with the SSA.

Maintaining International Peace and Security by Regulating Military Use of Outer Space

Outer space is the new battle ground and states are investing heavily to achieve military supremacy in space. There is no provision in any space treaty that explains what constitutes space and whether the celestial bodies are included in space or not. It is widely accepted that the moon and other celestial bodies should be used for the collective benefit of mankind and that no state should exploit space and celestial bodies to derive benefit by putting at risk the peace and security of other states. Thus, while the treaty regime calls for ‘peaceful use’ of space only, there is a conflict of interpretation regarding the phrase which is often limited to ‘non-military use’ or ‘non-aggressive use’. In consequence of these lacunas in space-related treaty regimes – which should be removed to save it from subsequent weaponization – space has been used for military purposes for over fifty years by employing technology to locate and target enemies. The first step is to precisely define what constitutes space weapon, followed by adoption of non-binding code of conduct. However, ultimately, there is need for adoption of complete, equitable and verifiable ban on space weapons that are either already placed or will be placed in near future in space to attack humans and assets on space or earth, or are placed on earth to attack assets in space.

Editorial

This edition of PER consists of eight contributions; six articles and two notes. In the first article, Angelo Dubeanalyses the interaction amongst African States that eventually led to the development of universal jurisdiction regulations within their individual legal systems to determine if one can say that there is indeed an African signature in those legal rules. Anél Ferreira-Snyman deals with the rapid development of space technology and space flight which has rendered article IV of the Outer Space Treaty dealing with the military use of outer space outdated and in dire need of change. Moses Phooko's article investigates whether the Southern African Development Community (SADC) Tribunal has jurisdiction to deal with cases involving allegations of human rights violations. Analogous to the situation of Chinese people in South Africa who chose to be defined as "Black People" in terms of the Employment Equity Act 55 of 1998 as well as the Broad Based Economic Empowerment Act 53 of 2003, Enyinna Nwauche examines the possibility that people living under a system of customary law may change their legal system by choosing another one. The last two articles, written in two parts by Andre Louw, deals with theEmployment Equity Act 55 of 1998. In the first part, he critically examines the organising principle of the affirmative provisions of this Act and assesses if it is in line with the constitutional requirements for a legitimate affirmative action programme or measure. In the second part, he critically evaluates the Constitutional Court judgment inSouth African Police Service v Solidarity obo Barnard 2014 6 SA 123 (CC), and highlights what he thinks the biggest areas of disappointment of this judgment are within the context of South Africa’s equality jurisprudence.In the first of two notes, Zsa-Zsa Boggenpoel analyses the Constitutional Court's use of the common law remedy ofmandament van spolie in Ngqukumba v Minister of Safety and Security 2014 5 SA 112 (CC). In the second note and last contribution of this edition, Petronell Kruger discusses the case of Western Cape Forum for Intellectual Disability v Government of the Republic of South Africa 2011 5 SA 87 (WCC), which dealt with the challenges faced by persons with disabilities relating to access to education in South Africa.

Selected Legal Challenges Relating to the Military use of Outer Space, with Specific Reference to Article IV of the Outer Space Treaty

Since the end of the Second World War the potential use of outer space for military purposes persisted to be intrinsically linked to the development of space technology and space flight. The launch of the first artificial satellite, Sputnik 1, by the USSR in 1957 made Western states realise that a surprise attack from space was a real possibility, resulting in the so-called "space-race" between the USA and the USSR. During the Cold War space activities were intrinsically linked to the political objectives, priorities and national security concerns of the USA and the Soviet Union. After the Cold War the political relevance and benefits of space continued to be recognised by states. In view of the recent emergence of new major space powers such as China, the focus has again shifted to the military use of outer space and the potential that a state with advanced space technology may use it for military purposes in order to dominate other states. Article IV of the Outer Space Treaty prohibits the installation of nuclear weapons and weapons of mass destruction in outer space and determines that the moon and other celestial bodies shall be used for peaceful purposes only. Due to the dual-use character of many space assets, the distinction between military and non-military uses of outer space is becoming increasingly blurred. This article discusses a number of legal challenges presented by article IV of the Outer Space Treaty, relating specifically to the term peaceful, the distinction between the terms militarisation and weaponisation and the nature of a space weapon. It is concluded that article IV is in many respects outdated and that it cannot address the current legal issues relating to the military use of outer space. The legal vacuum in this area may have grave consequences not only for maintaining peace and security in outer space, but also on earth. Consequently, an international dialogue on the military uses of outer space should be facilitated under the auspices of the UNCOPUOS to address these uncertainties as a matter of urgency. Although it is agreed with the proponents of a hard law approach that a legally binding instrument should be adopted to regulate the military use of outer space, it is submitted that, as an interim measure, soft law guidelines should be developed to provide a framework for the eventual creation of a consolidated and binding legal instrument on all aspects relating to the use of outer space.

Editorial

This edition of PER consists of eight contributions; six articles and two notes. In the first article, Angelo Dubeanalyses the interaction amongst African States that eventually led to the development of universal jurisdiction regulations within their individual legal systems to determine if one can say that there is indeed an African signature in those legal rules. Anél Ferreira-Snyman deals with the rapid development of space technology and space flight which has rendered article IV of the Outer Space Treaty dealing with the military use of outer space outdated and in dire need of change. Moses Phooko's article investigates whether the Southern African Development Community (SADC) Tribunal has jurisdiction to deal with cases involving allegations of human rights violations. Analogous to the situation of Chinese people in South Africa who chose to be defined as "Black People" in terms of the Employment Equity Act 55 of 1998 as well as the Broad Based Economic Empowerment Act 53 of 2003, Enyinna Nwauche examines the possibility that people living under a system of customary law may change their legal system by choosing another one. The last two articles, written in two parts by Andre Louw, deals with theEmployment Equity Act 55 of 1998. In the first part, he critically examines the organising principle of the affirmative provisions of this Act and assesses if it is in line with the constitutional requirements for a legitimate affirmative action programme or measure. In the second part, he critically evaluates the Constitutional Court judgment inSouth African Police Service v Solidarity obo Barnard 2014 6 SA 123 (CC), and highlights what he thinks the biggest areas of disappointment of this judgment are within the context of South Africa’s equality jurisprudence.
 In the first of two notes, Zsa-Zsa Boggenpoel analyses the Constitutional Court's use of the common law remedy ofmandament van spolie in Ngqukumba v Minister of Safety and Security 2014 5 SA 112 (CC). In the second note and last contribution of this edition, Petronell Kruger discusses the case of Western Cape Forum for Intellectual Disability v Government of the Republic of South Africa 2011 5 SA 87 (WCC), which dealt with the challenges faced by persons with disabilities relating to access to education in South Africa.
 

Principle of the peaceful use of outer space

Principle of the peace full uses of outer space is one of the basic principle of international law. It is currently the only legal obstacle for placement and use of the weapons in outer space. Today the international community is faced with the shift from the currently passive use of outer space to active military use of outer space of a destructive nature. Therefore, the principle of peaceful uses of outer space should be examined from the standpoint of contemporary international law. Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies is considered to be the most significant instrument which establish the principle of peaceful uses of outer space. Beside this Treaty, there are other significant multilateral and bilateral instruments which supplement and develop the principle of peaceful uses in various ways. In this paper, the historical development of the principle of the peaceful uses of outer space will be introduced, and various multilateral and bilateral treaties from this area will be examined. Since the outer space law is the part of the international law, application of the UN Charter should also be examined. Finally, current state of the development of the principle of peaceful uses of outer space and future courses of the principle will be considered.

TCBMs over the military use of outer space

Although no legal instrument resulted from long negotiations in the UN and Conference on Disarmament (CD), the application of confidence-building measures (CBMs) that was once considered in the 1990’s attracted attention again to restrict military use of outer space. Since 2005, the concept of “Transparency and confidence-building measures (TCBMs)” entered into the lexicon of space law to explore the possibility of reinforcing security in outer space activities. While CBMs have been developed and applied to treaty-based verification mechanisms, the introduction of TCBMs in space law needs further examination to fit in the context of space security. Therefore, by evaluating the function of CBMs applied to the existing law on disarmament and arms control, the author examines the application of TCBMs to space law and calls for the need to establish non-treaty-based monitoring mechanisms for transparency and confidence-building in outer space activities.

Normalizing Japan: politics, identity, and the evolution of security practice

Normalizing Japan seeks to answer the question of what future direction Japan's military policies are likely to take, by considering how policy has evolved since World War II, and what factors shaped this evolution. It argues that Japanese policy has not changed as much in recent years as many believe, and that future change also will be highly constrained by Japan's long-standing security identity, the central principle guiding Japanese policy over the past half-century. Oros' analysis is based on detailed exploration of three cases of policy evolution - restrictions on arms exports, the military use of outer space, and cooperation with the United States on missile defense - which shed light on other cases of policy change, such as Japan's deployment of its military to Iraq and elsewhere and its recent creation of a Ministry of Defense. More broadly, the book refines how ideational factors interact with domestic politics and international changes to create policy change.

Space and ESDP—a growing partnership?

The ‘European satellites for security’ conference was held in Brussels, 18–19 June 2002, at a time when interest in the military use of outer space was clearly growing. But doubts remain as how to far such interest will be translated into action. This article reports on some of the impressions gained at the conference.