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and done with the purpose of evolving an inclusive format that could give
every state party a sense of ownership with the Code.
Even as the process is important, the ICoC debates need to focus on the
content and address some of the substantive issues that might need to be
elaborated and clarified. Governments and analysts from around the world
have expressed their opinion over the last two years on this issue. This
volume is an effort to carry this debate forward. We asked over two dozen
analysts and practitioners from Asia, Africa, Latin America and the West who
are active in this global debate, to look at how the ICoC could be additionally
refined, clarified and strengthened. This represents an important effort to
bring together the diversity of opinions on this emerging global issue.
As this volume shows, the Code's emphasis on non-infringement of the right
of self-defence remains a major concern for a number of emerging
spacefaring countries. It is unclear why the Code insists that it will not
restrict the right to self-defence but it could be because it wants the most
advanced space powers to be part of the Code and are afraid that these states
might not join fearing restrictions on their military activities and advantages.
But many countries see this right as a troublesome one and a possible
legitimising of the weaponization of space. For many developing countries
this right is meaningless because they are in the early stages of development
of their space capabilities and find that they are simply in no position to
exercise this 'right'. In addition, they do not also have the means to defend
themselves against space powers with superior technologies. It must be
appreciated that the EU has taken on-board this concern and has now
balanced this 'right' by asking that all states should “refrain from the threat or
use of force against the territorial integrity or political independence of any
state, or in any manner inconsistent with the purposes of the Charter of the
United Nations.” It must be noted though that analysts from the developing
world still remain sceptical on this issue.
Another theme that has been commented upon is that of space debris.
While the Code notes the need for states to refrain from activities that might
contribute to the creation of space debris, this issue merits additional focus,
as highlighted by a few authors. Focus also has to be on active debris
removal measures and how international technology cooperation may be
pursued with greater vigour. The authors of the chapters in the section on
international cooperation emphasise this point.
2 | Awaiting Launch: Perspectives on the Draft ICoC for Outer Space Activities