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such a way as to avoid the creation of space debris;
States should take appropriate measure such as technical, prior
notification and consultations between countries to reduce the risk
of collision;
States should improve adherence to, and implementation of the
International Telecommunication Union regulation on allocation of
radio spectra and orbital assignments, and on addressing harmful
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radio interference.
The provisions in Article 4 of the Code of Conduct are similar to the
provisions in the Space Debris Mitigation Guidelines of the UNCOPUOS as
endorsed by the United Nations General Assembly in Resolution 62/217
(2007). In particular, the provisions 'a' and 'b' of the Code of Conduct above
are similar to the provisions of the guidelines, though stated in a slightly
different language. However, the provision in 'c' is newly introduced.
Article 4.2 of the Code of Conduct, promotes space security i.e. the
prevention of arms race in outer space. However, it has been shown that
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space weaponisation and the creation of space debris are sometimes linked.
As a result, the use of a weapon in outer space if not properly managed may
create two scenarios; (1) the weaponisation of outer space, which is a space
security concern and (2) the creation of space debris, which is a safety
concern. Example, when China destroyed its defunct weather satellite 'Feng
Yun 1C' in January 2007, the action generated two scenarios. First, it
suddenly ended an understanding on anti satellites (ASAT) tests that had
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been observed by space faring nations for over 20 years. Second, the test
caused a huge cloud of debris in the Low Earth Orbit that is estimated to be
about 150,000 pieces of debris that are larger than one centimetre in size, of
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which many would stay in the earth orbit for hundreds of years. In
summary, the first paragraph of Article 4.2 of the Code of Conduct seeks to
prevent the intentional use of weapons to destroy space objects and also the
prevention of the unintentional damage of space objects, an effect due to the
space debris that has been created.
Furthermore, the Code of Conduct created some very reasonable and useful
exceptions, which may be used by States from time to time to destroy space
objects. They include situations:
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