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Moreover, given the deadlock in the CD, some security elements in the CoC
is seen by many states as a way of advancing the discussion on security topics
in a positive manner. In this regard, some see CoC as an important
foundation for building consensus on norms of behaviour that might then
progress to future agreements, potentially of a more binding nature. One
possible linkage could be made to the final report of UN GGE's TCBMs in
Outer Space Activities, which in July 2013 completed a consensus document
on possible space TCBMs based on discussions held among 15 selected
61
countries.
Prognosis
The ICoC has been many years in the making, which is understandable, as it
is intended to define and create consensus around the norms of behaviour,
which have emerged throughout the Space Age. Rules of the road tend to
arise organically. The EU hopes to have it ready to be signed by the end of
2014; it is this author's hope that that turns out to be the case. However, even
if it turns out that there is no final document and all that happened was a
series of meetings to discuss how the international community perceives
responsible space behaviour, this can be considered a positive step as well.
What is very encouraging is that the discussions have mimicked utilisation of
space, which began with a few dominant countries and then proliferated
around the world. Likewise, discussions on ICoC started off with the more
established space powers and then spread out to include emerging space
actors and those who are relatively new to the domain. Now that the process
is more inclusive, it is extremely important that those who have a stake in the
secure and sustainable use of space participate in these discussions in good
faith and work toward the goal of a tangible document, as that would be
good from a perception perspective. Yet in the end, a Code of Conduct is
simply that – a set of agreed-upon behaviours. It does no good if a
document is generated that is promptly ignored. What is going to determine
the ICoC's legacy is how well its norms are carried out over the long term.
Hence, it is important to use this process as a way in which to build
consensus on those rules of the road that are most crucial to allow for the
continued access of and use of space, so that all may continue to benefit
from it.
74 | Awaiting Launch: Perspectives on the Draft ICoC for Outer Space Activities