AwaitingLaunch_1397728623369

many years since the treaty's entry into effect, states have expressed their
support for additional measures to “reinforce” the regime established by
OST, most notably through the “Prevention of an Arms Race in Outer
Space” (PAROS) resolution which the UN General Assembly has adopted
annually since the early 1980s with near universal support. This resolution's
call for states to take further measures has not been translated into any
significant action and its annual reiteration has taken on a quasi-ritualised
form largely devoid of practical consequence.
Motivating Events
This situation of declaratory concern coupled with a lack of remedial action
might have been allowed to continue for quite some time, as is often the case
in the multilateral system, but two external events seem to have roused states
from their complacency regarding outer space security. These events were the
demonstrations of an anti-satellite weapons (ASAT) capability conducted by
China and the U.S. in early 2007 and 2008 respectively. The re-emergence of
ASAT tests by leading space powers after these had been quietly abandoned
for a quarter of a century (Soviet and American tests and associated ASAT
development having been shelved in the mid-1980s) was a very disconcerting
development. It raised anew the spectre of state-conducted attacks against
satellites and the possibility of the benign operating environment of outer
space being transformed into a battle ground with devastating effect on all
users. This apparent renewal of a threat coincided with increasing awareness
of the dangers posed by space debris to the safe operations of spacecraft and
the initiation of international cooperation (first on the part of national space
agencies and later endorsed by states via UNGA resolutions) to try and
mitigate the risk of space debris. A further relevant factor was the increasing
number of states, which were owners of satellites, with this “stakeholder”
grouping having expanded from a dozen or so to more than 60 possessing
satellites and almost all states being consumers of space-enabled services.
It is from this international context that the EU, in the fall of 2008, first
brought forth its proposal for an ICoC to govern outer space activities. The
EU seemed to recognise that time had come to answer the oft-repeated call
of the “PAROS” resolution to reinforce the OST-centred regime with
additional measures and put something concrete before the international
community. The gestation of the EU initiative has proven to be a long one
and its diplomatic “roll-out” subjected to various fits and starts including
what seemed to be a revolving door of officials responsible for the project.
62 | Awaiting Launch: Perspectives on the Draft ICoC for Outer Space Activities