Space Security Index

Space Security 2011
62
Memorandum of Understanding establishing a Pre-
and Post-Missile Launch Notification System (2000)*
Strategic Arms Reduction Treaty –
New START (2011)*
* Indicates a bilateral treaty between U.S. and USSR/Russia
† U.S. withdrew according to the terms of the treaty in 2002
Exchange of information on missile launches
Acceptance of and prohibition of interference with, national technical
means of verification 36
Other laws and regimes
among participating states in the Missile Technology Control Regime (MTCR) adds another
layer to the international regulatory framework for space-related activities. 37 e MTCR is a
voluntary partnership among 34 states to apply common export control policy on an agreed
list of technologies, such as launch vehicles that could also be used for missile deployment. 38
Specically, the MTCR seeks to prevent the proliferation of missile and unmanned aerial
vehicle technology that would be used to carry payloads weighing 500 kg for 300 km or
more, as well as systems that could be used to deliver weapons of mass destruction. 39
Another related eort is the International Code of Conduct against Ballistic Missile
Proliferation (Hague Code of Conduct), which calls for greater restraint in developing,
testing, using, and proliferating ballistic missiles. 40 To increase transparency and reduce
mistrust among subscribing states, it introduces condence-building measures such as the
obligation to announce missile launches in advance.
Treaties that have an impact on space during times of armed conict include the body of
international humanitarian law composed primarily of the Hague and Geneva Conventions
— also known as the Laws of Armed Conict. rough the concepts of proportionality and
distinction, they restrict the application of military force to legitimate military targets and
establish that the harm to civilian populations and objects resulting from specic weapons
and means of warfare should not be greater than that required to achieve legitimate military
objectives. 41 However, it is not clear how these laws apply to spacecraft and other space
objects.
e emergence of space commerce and the potential for space tourism has led at least 20
states to develop national laws to regulate these space activities in accordance with the OST,
which establishes state responsibility for the activities of national and nongovernmental
entities. 42 While the proliferation of national legislation may increase compliance with
international obligations and reinforce responsible use of space, in practice it has occasionally
led to divergent interpretations of treaties. 43
e ird United Nations Conference on the Exploration and Peaceful Uses of Outer Space
(UNISPACE III), held in 1999, adopted the Vienna Declaration on Space and Human
Development. It established an action plan calling for the use of space applications for
environmental protection, resource management, human security, and development and
welfare. e Vienna Declaration also called for increasing space access for developing
countries and the promotion of international space cooperation. 44 A concrete outcome of
UNISPACE III is the United Nations Platform for Space-based Information for Disaster
Management and Emergency Response (UN-SPIDER), adopted by the UNGA under
Resolution 61/110 on 14 December 2006. It is the rst program aimed specically at
ensuring access to and use of space-based information for all countries and organizations
during all phases of a disaster.