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diminish the ability of any state, especially emerging space faring nations and
developing countries, to have full access to outer space and reach its full
potential. Neither should emerging space faring states or developing
countries be asked to shoulder the cost of mitigating the already existing
space debris that they had little, if any, role in generating.
Instead, there is a possibility, through international cooperation and
technology transfers, to provide emerging space faring nations and
developing countries with best practices and non-debris generating
technologies to ensure that future space explorations and utilisation will
result in the creation of the minimum amount of space debris. The proposed
draft of the Code does provide a mechanism for international cooperation
however that remains limited in scope and with limited commitment of the
adhering states as to the provision of best practices and technology transfer.
Self-Defence
All through the process, since its inception, the proposal of the EU to
include a reference to the right of self-defence has proven to be one of the
most controversial elements of the proposed draft. Two major objections are
raised in this regard. First, a number of countries question the prerogative of
this Code to deal with the military aspects of outer space, an area that has
traditionally been reserved to the CD that functions as the single multilateral
negotiating body on disarmament issues (similar objections were raised
regarding the reference to the so-called ICoCagainst Ballistic Missiles). In
addition, the inclusion of the right of self defence in the draft CoC is
considered by a number of countries as a “back door” to legitimise
weaponisation of outer space, which to say that, at the very least, this
provision contradicts the objective of the Prevention of An Arms Race in
Outer Space (PAROS).
As argued previously, outer space is a common good for all, and as such it
must remain a zone of peace and outside the bounds of conflict. Moreover,
the weaponisation of outer space for any purpose – whether offensive or
defensive, against any space/celestial body or against an earth-bound target –
would effectively turn space objects into potential targets and turn outer
space into a potential conflict zone.
The inclusion of the
right of self defence in
the draft CoC is
considered by a
number of countries
as a “back door” to
legitimise
weaponisation of
outer space, which is
to say that, at the very
least, this provision
contradicts the
objective of the
Prevention of An Arms
Race in Outer Space
(PAROS).
While the right of self defence is in itself an undisputed right that transcends
the issue of outer space, it is not unrestrained. Rather, there are legal
ICoC: Recommendations for Further Elaboration | www.orfonline.org 49