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AwaitingLaunch_1397728623369

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As COPUOS and CD seem not to be a feasible forum to negotiate ICoC,<br />

there are not many multilateral alternatives for ICoC. Within the framework<br />

of the UN, the General Assembly is the only alternative as a political option<br />

for negotiations. Nevertheless, the initiatives taken by various informal<br />

groups that have proliferated in recent years on issues such as disarmament,<br />

nuclear supply, trade, including The Wassenaar Arrangement, The Australia<br />

Group, The Nuclear Suppliers Group could be the light at the end of the<br />

tunnel.<br />

Certainly the results of the open-ended consultations and the inclusion of<br />

the views and criticisms of countries as well as the intensive promoting<br />

process of the EU has allowed ICoC to become an initiative that is a little bit<br />

more transparent with its intentions, allowing access to an open and<br />

participatory process to all interested countries to facilitate negotiations.<br />

Whilst at the moment there is strong European optimism, based on the<br />

success of the last consultations in which government representatives from<br />

countries were more constructive, generating a more positive environment, it<br />

is clear that EU still has much work to do in the field of high level political<br />

consultationsand the promotion of the proposal in order to reach an<br />

acceptable text to most members of the international space community and<br />

thus pave the way for the start of the negotiation process.<br />

The clear evolution between the first version and the latest version presented<br />

by EU in September 2013 offered a new opportunity for reflection by all<br />

countries to sit down and negotiate a more comprehensive and inclusive<br />

document on these issues, which are related to outer space TCBMs. These<br />

161<br />

may affect both civilian activities and dual-use space technology, carried out<br />

for defense and security purposes, a complex issue that arouses legitimate<br />

suspicions from countries with a strong pacifist orientation.<br />

The consultations in Kiev faced opposition from countries such as China,<br />

Russia, Brazil and India, which recommended an obvious impasse, that the<br />

code should be reviewed in a multilateral forum. These countries also<br />

criticised the text due to the prevalence of some ambiguous concepts such as<br />

"self-defence", "national security" and destruction of objects in space. The<br />

references to collective security and the right to self-defence is justified in<br />

those cases where space objects may be used for hostile or threatening<br />

162<br />

purposes. This showed a code will impact security, and not just technical<br />

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

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