AwaitingLaunch_1397728623369

that could lead policymakers to focus on developing non-legally binding
solutions that help establish norms for responsible cyber space nations in the
near term … [while] a cyber space treaty could take many years to negotiate
82
and decades to enter into force.”
So, why norms of behaviour? While it has been many years since a formal
space law instrument has been adopted, the United Nations General
Assembly recently adopted the United Nations Space Debris Mitigation
Guidelines, prepared by the Scientific and Technical Subcommittee of the
COPUOS, in order to make tangible progress on the issue of space debris
83
rather than no progress at all. Such small steps can be helpful in the
safeguarding of political momentum on most important issues.
Norms of behaviour are also often seen as being useful because they provide
a level of flexibility that is not possible with traditional, highly structured,
84
legally binding treaties. As has been seen with norms of behaviour in other
domains, such as aerospace and maritime activities, rules of the road can be
amended with relative ease as circumstances and needs change. This allows
different frameworks to be tested, giving the international community an
opportunity to measure the effectiveness of specific approaches.
Furthermore, norms of behaviour can be used as a tool for harmonising
national laws and practices, giving states ample room to move towards
adherence in accordance with their own economic and technological
85
capacities. Moreover, it could establish an effective behaviour that will allow
cyber users to continue receiving benefits from information and
communications technologies (ICTs). On the same lines, it could give
guidance on responsible behaviour in cyber space, for civil use and military.
If there is a better understanding of cyber warfare, a threat for space
systems, the existence of a CoC will be more appropriate and could:
•
•
Address the needs of a wide range of states with varying levels of
development;
Encourage adherence to internationally accepted norms of behaviour
in cyber and space security.
As has been seen
with norms of
behaviour in other
domains, such as
aerospace and
maritime activities,
rules of the road can
be amended with
relative ease as
circumstances and
needs change. This
allows different
frameworks to be
tested, giving the
international
community an
opportunity to
measure the
effectiveness of
specific approaches.
If a CoC emerges, it will be important to look at legal instruments such as
the Geneva Conventions and UN Charter. The difficult question is how to
apply these in cyber space and outer space. Because there are no rules in the
cyber domain, a CoC could be one way to establish a framework, especially if
Cyber Threats to Space Systems | www.orfonline.org 105