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ecognised by the Charter of the United Nations. “The Subscribing States
resolve to abide by the following principles: ...... the inherent right of
individual or collective self-defense in accordance with the United Nations
Charter.” After being criticised in consultations, a new line was inserted that
“the responsibility of states to refrain from the threat or use of force against
the territorial integrity or political independence of any state, or in any
manner inconsistent with the purposes of the Charter of the United
Nations, and the inherent right of states to individual or collective selfdefense
as recognised in the Charter of the United Nations”.
The newest version is the draft of 16 September 2013, which can be
regarded as the fourth edition, if calculated from the first published version
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by the EU on December 17, 2008. The draft introduced changes based on
comments and suggestions the EU received during, and after, the Open-
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ended Consultations which took place in Kiev in May 2013. The second
edition was released on October 11, 2010, and EU began its informal
consultation with the larger international community. After two years, the EU
published the third version on June 5, 2012 for further consultations. Each
edition represents a small progress. Each progress is evidence that it is
gaining support.
The most attractive shining spot of ICoC is that it has been noted in the
UNGA Resolution since 2010, “Noting further the presentation by the
European Union of a draft code of conduct for outer space activities”. A
report by the GGE on Outer Space Transparency and Confidence-Building
Measures, requested by UNGA Resolution 65/68, and finalised in July 2013,
noted the EU's proposal for an ICoC, as well as the open-ended
consultations on the proposal held in Kiev in May 2013. In the
recommendations, the Group endorsed efforts to pursue political
commitments including a multilateral code of conduct. In December 2013,
the UNGA Resolution 68/50 made small progress, “Noting the presentation
by the European Union of a draft of a non-legally binding international code
of conduct for outer space activities,” indicated that the first stage of the
draft ICoC has been successful. Then, what is the next step to advance?
The Treaty on the
Prevention of the
Placement of
Weapons in Outer
Space and the Threat
or Use of Force
against Outer Space
Objects (PPWT), was
drafted and proposed
mainly by China and
Russia in order to
provide a legally
binding regime for
space activity.
Unfortunately, the U.S.
refused it for lack of
verification and other
reasons.
Step Further: Forging “Soft Law” for “Hard Law”
The difference between “hard law” and “soft law” is obvious; the former has
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legally binding force while the latter does not. Usually, any violation of the
former is regarded as a breach of duty and invokes legal responsibility. But,
Mission Completed and Mission Ahead: ICoC to the Future | www.orfonline.org 41