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integration (according to the principle of non-intervention and selfdetermination
of countries), the universal and indivisible guarantee of
human rights, democratisation of international society, as well as the care of
the space environment as common and inalienable heritage.
The articles of ICoC reflect the right of individual or collective self-defence,
which is not acceptable to Latin America and the Caribbean since it
contradicts the principle of the peaceful use of outer space, and opens the
possibilities to increase the use of force, weapons and the militarisation of
the outer space arena.
However, the promoters of this initiative argue that the self-defence principle
is already found within the UN Charter, which, therefore, justifies its
inclusion in ICoC.. Although this military approach is clearly expressed
within the UN Charter, it is necessary to further analyse its meaning and its
background.
The UN Charter is certainly a global example for democratising international
society and reflects the vision and interests of the World War II allies, who
felt the pressures of the post-War era (the Cold War) at the time these
multilateral organisations was created. Victorious states were forced to be
prepared for potential conflicts (hence the right to self-defence). Considering
the current international scenario, these actions under discussion are out of
context. Today if there were to be a conflict, the willingness for peaceful
resolutions should prevail (a concept also included within the UN Charter),
as well as the desire to strengthen peace and cooperation, including in the
outer space domain. The position of Latin America and the Caribbean, in
this regard, is respectable, worthy of admiration and support.
Developing countries,
particularly those in
Latin America and the
Caribbean, have
expressed that
consensus will be
difficult to reach if the
text of ICoC refers to
the concept of right to
self-defence.
The references to the right of self-defence have generated controversy
during the Open-Ended Consultations and other forums where the proposal
for ICoC has been discussed. Developing countries, particularly those in
Latin America and the Caribbean, have expressed that consensus will be
difficult to reach if the text of ICoC refers to the concept of right to selfdefence.
Another issue to consider in understanding the approach of Latin America is
the method in which the promoters of ICoC have submitted the proposal at
the margins of the Committee (UNOOSA-COPUOS), stating that the
ICoC: Perspectives from Latin America and the Caribbean | www.orfonline.org 173