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ICoC and the Institutionalisation of<br />

Space Security<br />

Amb. Paul Meyer<br />

It is difficult to judge the significance for international security cooperation<br />

of the proposed ICoC outside of the strategic context that gave rise to it.<br />

Outer space is a realm, the importance of which seems to be in inverse<br />

proportion to the amount of attention it has received in multilateral<br />

diplomacy. The foundational treaty (OST) of 1967 established key principles<br />

to govern the exploration and use of outer space, including that of the<br />

common “province of all mankind,” the peaceful purposes, prohibition on<br />

national appropriation, harmful interference and the stationing of weapons<br />

of mass destruction (WMD). At the same time, OST failed to provide for<br />

any supporting infrastructure for the benign and cooperative regime it<br />

created and although the treaty achieved wide support (100 states parties)<br />

there has never been even one meeting of its member states. The UN system<br />

did afford some attention to the issues of outer space through the activity of<br />

two bodies: the COPUOS, which meets annually in Vienna and the CD in<br />

Geneva. The international security dimension of outer space was seen to be<br />

the purview of the CD, but after a decade of regular work by an ad hoc<br />

committee, the CD's official treatment of space terminated in 1995 never to<br />

be resumed, although a space security item remained on its agenda.<br />

The CD's prolonged failure to agree on a programme of work, which would<br />

include some consideration of outer space security has served to underscore<br />

the incompleteness of the existing legal framework based on the “peaceful<br />

purposes” orientation of state action in outer space. For despite this peaceful<br />

orientation, the OST did not definitely close the door on weaponization of<br />

outer space, with the treaty's ban limited to the stationing of WMD only. For<br />

The CD's prolonged<br />

failure to agree on a<br />

programme of work,<br />

which would include<br />

some consideration of<br />

outer space security<br />

has served to<br />

underscore the<br />

incompleteness of the<br />

existing legal<br />

framework based on<br />

the “peaceful<br />

purposes” orientation<br />

of state action in outer<br />

space. For despite<br />

this peaceful<br />

orientation, the OST<br />

did not definitely close<br />

the door on<br />

weaponization of<br />

outer space, with the<br />

treaty's ban limited to<br />

the stationing of WMD<br />

only.<br />

ICoC and the Institutionalisation of Space Security | www.orfonline.org 61

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