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AwaitingLaunch_1397728623369

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objects of human origin in orbit around Earth, is not capable of handling all<br />

of the challenges that space policymakers and satellite operators face today.<br />

Space is increasingly cluttered physically and contested politically. There is an<br />

urgent need to create some rules for space operations that all space faring<br />

nations are willing to abide by for their own good and for the common good.<br />

These rules would be observed routinely in normal circumstances, that is to<br />

say, in circumstances other than war, when normal relations by definition, are<br />

suspended.<br />

This paper comments on the contributions that middle powers can make in<br />

the international regulation of global commons, such as outer space, and<br />

explains why Australia is committed to seeing an ICoC successfully<br />

implemented.<br />

International Code of Conduct for Outer Space<br />

Activities (ICoC)<br />

The EU first proposed the idea of a code of conduct for outer space<br />

activities in 2008. The Code aims to build trust between space faring nations<br />

to allow them to work together to “enhance the safety, security, and<br />

115<br />

sustainability of outer space activities”. The concept has developed since<br />

2008 and a fourth draft of the Code was released in September 2013. This<br />

116<br />

draft is stronger than earlier drafts and was the subject of “open-ended<br />

consultations” in Kiev and Bangkok in May and November 2013 respectively<br />

between interested nations, including the U.S., Russia, China, and India.<br />

The draft Code enumerates a number of space events and activities about<br />

which subscribing states agree to provide information and notice under the<br />

draft Code to the broader community. It also provides for a Central Point of<br />

Contact that will provide an organisational structure for the Code and<br />

maintain a database of relevant information that is provided to it by<br />

subscribing states.<br />

Much as the Antarctic Treaty steps around the territorial claims that have<br />

117<br />

been made by various nations in Antarctica, so the Code steps around the<br />

question of space weaponisation and overlooks attempts led by China and<br />

Russia in the Geneva-based CD to establish a treaty seeking to prevent an<br />

118<br />

arms race in outer space.<br />

128 | Awaiting Launch: Perspectives on the Draft ICoC for Outer Space Activities

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