AwaitingLaunch_1397728623369

ICoC: Recommendations for Further
Elaboration
36
Mohamed Hatem Elatawy
The latest frontier of human activity is outer space, with nearly 60 years gone
by since the launch of the first satellite into orbit. True to its form, this
frontier still lacks a full legal framework that would bring order and
predictability to this environment, despite the conclusion of a number of
treaties on outer space. Against this backdrop, and building on discussions
within different international fora, the EU proposed the establishment of a
code of conduct on outer space activities.
After initial internal deliberation within the EU and with few others who the
EU considered as spacefaring states, the EU presented a draft Code of
Conduct in 2010 with the aim of agreeing on a text to be adopted at an
international meeting to be held specifically for that purpose. However, faced
with opposition from a number of states objecting to the process for
developing the draft - especially with some rejecting the adoption of a
document that was not widely negotiated - as well as objecting to the content
of the proposed draft, the EU launched the current process to conduct
open-ended consultations on the draft. Three rounds of consultations were
held (Vienna, 5 June 2012, Kiev, 16-17 May 2013, Bangkok, 20-22 November
2013), with a fourth expected in the first half of 2014. In light of the latest
draft of the ICoC that was the subject of discussion in Bangkok in
November 2013, this article aims to review the principles that should be
enshrined in a CoC on outer space activities as well as the major issues
pertaining to the latest proposed draft.
Since this ICoC was
first proposed, a
debate ensued on
whether there is a
need for such a
document or whether
it is a distraction from
international efforts to
reach legally binding
treaties to govern
different aspects of
outer space. Instead
of engaging in such a
debate, and without
prejudice to efforts on
reaching legally
binding instruments
on outer space, the
need for a CoC
depends more on
what is contained
within this code.
ICoC: Recommendations for Further Elaboration | www.orfonline.org 45