Security in Space The Next Generation - UNIDIR

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xxxii the last 20 years, there have been perhaps three ASAT weapon tests. The pattern seems to be that states accept that they must refrain from such activities. However, there does not yet seem to be an acceptance that use or testing is illegal or illegitimate, so no norm could be said to exist. But in regard to the law of armed confl ict, it can be argued that ASATs would fail the tests of discrimination and proportionality. The debris created in the destruction of space assets is persistent and poses a serious threat to all space activities. In regard to protection of the environment, it is accepted that states will not damage the environment in the territory of other states or beyond territorial borders. This arguably should extend to space as well. Thus, the production of debris again should make ASAT use and testing not legally acceptable. Customary international law was applied in the case of chemical weapons. A norm against them had emerged, which enabled the agreement of a treaty prohibiting them. Thus, even states not party to the Chemical Weapons Convention are bound by the norm against the use of such weapons. Perhaps the same approach could be applied in regard to space weapons. Following the presentations by the panellists, the ensuing discussion focused broadly on two issues: customary international law; and treaty negotiations. Questions where raised vis-à-vis whether we should consider customary international law as effective in the case of nuclear weapons. Furthermore, doubts were raised as to the fact that for customary law to be established repeating patterns are required and therefore time is required to establish customary international law. In addition, it is diffi cult for customary international law to deal with future threats. However, the weak reaction of other countries, for example to ASAT tests in the past, means that such tests are not illegal today. The quickest way to create a legal norm is an immediate response to actions that are considered illegitimate and this reaction, over time, will brand them as illegal. An example of customary international law would be the acceptance of satellites in orbit or their overfl ight. When Sputnik was launched in 1957, no one knew if satellite overfl ights were legal and, indeed, many experts declared
the contrary. Rules in space became accepted as a result of practice—that is, it became customary international law. However, it was stated, customary international law does not replace a treaty, quite the opposite. But, in the absence of a treaty, the customary practice would allow agreement on certain activities quickly and inclusively. The proposed PPWT generated a great deal of interest. One suggestion was to use more general language in the treaty—more of a framework treaty—whereas the opposite view, calling for more specifi city, was also put forward. In support of generality, a concern was raised that defi ning a weapon in space would be senseless because in the environment of space just about anything could be a weapon. In addition, the assumption that if weapons in space were to be forbidden they would not be developed— whether or not they were deployed—was questioned. There are a number of examples of treaties prohibiting the deployment of weapons that do not curb their development entirely. In response, those in favour of a PPWT pointed out that the fi nancial costs of space technology are sharply higher than most other weapon systems and therefore it would not make much sense to develop them if they cannot be deployed—of course, the same criticism could be made of any arms control treaty. SESSION V NEXT GENERATION, NEXT STEPS Pearl Williams of Foreign Affairs and International Trade Canada noted that, since the beginning of the space age, there have been signifi cant developments in space exploration and space-based applications. For example, we have become increasingly dependent on space as part of our collective infrastructure—from global communications and navigation links, to the collection of environmental and natural resources management information. Other developments in the space arena have included a greater expansion in the number of space actors, not only in terms of states, but of commercial actors too. For such reasons, there is a growing appreciation of the need for a rules-based operating environment in order to safeguard space exploration and its benefi ts for all. But we face shortcomings in regard to rules. What can be done? What structures could be put in place to contribute positively to preserving space as a global resource for the coming generations? xxxiii
Page 1 and 2: THE SIMONS FOUNDATION SECURE WORLD
Page 3 and 4: About the cover Cover photograph co
Page 5 and 6: CONTENTS Foreword .................
Page 7 and 8: FOREWORD Outer space is an essentia
Page 9 and 10: ACKNOWLEDGEMENTS UNIDIR would like
Page 11 and 12: xii on the editorial board of The B
Page 13 and 14: xiv Victor VASILIEV Victor Vasiliev
Page 15 and 16: CONFERENCE SUMMARY The conference
Page 17 and 18: Another threat that we need to addr
Page 19 and 20: humanitarian workers to reach the e
Page 21 and 22: The question was raised as to wheth
Page 23 and 24: For this reasons, TCBMs and a treat
Page 25 and 26: cases actors should engage in consu
Page 27 and 28: Following the presentations by the
Page 29: Could stated national policies, if
Page 33 and 34: effects of space weather, and of co
Page 35 and 36: 2 space activities, it has become c
Page 37 and 38: 4 in Outer Space, the Threat or Use
Page 39 and 40: SPACE GENERATION ADVISORY COUNCIL A
Page 41 and 42: The fi rst issue is space debris. S
Page 43 and 44: avoid confl ict by prohibiting weap
Page 45 and 46: 14 For its devastating power, the d
Page 47 and 48: 16 papers elaborating our views on
Page 49 and 50: DOWN TO EARTH: A SOLUTION TO A GLOB
Page 51 and 52: for life on Mars could have a numbe
Page 53 and 54: Combining their expertise in mass s
Page 55 and 56: 26 Perhaps the most widespread civi
Page 57 and 58: 28 strengthen disaster preparedness
Page 59 and 60: 30 solutions for human security, pe
Page 61 and 62: 32 and other small particles. There
Page 63 and 64: NEXT GENERATION SPACE SECURITY CHAL
Page 65 and 66: This is a summary of all objects in
Page 67 and 68: Table 2. Worldwide space situationa
Page 69 and 70: was on par with one another at roug
Page 71 and 72: challenge to the international comm
Page 73 and 74: Notes 1 This research has been made
Page 75 and 76: NO HARMFUL INTERFERENCE WITH SPACE
Page 77 and 78: and the second Strategic Arms Reduc
Page 79 and 80: as well as terrestrial capabilities
Page 81 and 82:
The Henry L. Stimson Center, in col
Page 83 and 84:
The critics are right to recall tha
Page 85 and 86:
forums. It could be negotiated by a
Page 87 and 88:
precedent for non-interference with
Page 89 and 90:
TRANSPARENCY AND CONFIDENCE-BUILDIN
Page 91 and 92:
IADC’s terms of reference also pr
Page 93 and 94:
actions. As these groups develop co
Page 95 and 96:
TRANSPARENCY AND CONFIDENCE-BUILDIN
Page 97 and 98:
In addition, strict compliance with
Page 99 and 100:
in considering eventual confi dence
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The above-mentioned measures are no
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Notes 1 General Assembly, Special R
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SAFEGUARDING OUTER SPACE: ON THE RO
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mechanisms under permanent review,
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thereby and which may run counter t
Page 111 and 112:
the discretion of that state—henc
Page 113 and 114:
condition of “common agreement”
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Foundation, and Rebecca Johnson, di
Page 117 and 118:
ANNEX Buenos Aires International In
Page 119 and 120:
Refusal to hold consultations, or t
Page 121 and 122:
confi rmation thirty days after the
Page 123 and 124:
States Parties to the Treaty shall
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space law, UN document A/AC.105/C.2
Page 127 and 128:
104 a potential direct threat to ma
Page 129 and 130:
106 SPACE LAW: MANY PRINCIPLES, NO
Page 131 and 132:
108 of government and corporate sta
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110 growth will be badly hurt if th
Page 135 and 136:
112 and samples of residual materia
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114 outer space beyond the geostati
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116 Virgin Galactic had to obtain t
Page 141 and 142:
118 air and space traffi c in the i
Page 143 and 144:
120 aviation and space weather comm
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122 could play a role in lowering o
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124 In other word, space security i
Page 149 and 150:
126 a second meeting of the informa
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128 ANNEX SPACE DEBRIS MITIGATION G
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130 Guideline 1: Limit debris relea
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132 that survives to reach the surf
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FROM SPACE DOMINANCE TO EQUITABLE R
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The United States has never conduct
Page 161 and 162:
space for any purposes that the Uni
Page 163 and 164:
provide adequate reassurance that n
Page 165 and 166:
SESSION IV TREATIES AND AGREEMENTS:
Page 167 and 168:
146 such weapons, if deployed in ou
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148 DEFINITIONS AND SCOPE OF A PPWT
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150 preamble—aims of a new treaty
Page 173 and 174:
RUSSIAN-CHINESE SPACE-WEAPONS-BAN P
Page 175 and 176:
this issue would ensure that a trea
Page 177 and 178:
outer space is fundamentally import
Page 179 and 180:
160 it is formed, what power it has
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162 ought to be illegal (or, ought
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164 two specifi c ASAT activities:
Page 185 and 186:
166 CIL has always been an importan
Page 187 and 188:
168 neutral space assets, even if t
Page 189 and 190:
170 Despite that fi stful of treati
Page 191 and 192:
172 in combat. Outer space is, of c
Page 193 and 194:
SESSION V NEXT GENERATION, NEXT STE
Page 195 and 196:
178 the ability to secure borders,
Page 197 and 198:
180 and the Chinese in 2007 have le
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182 LIMITING ORBITAL DEBRIS FORMATI
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184 nations, an essential ingredien
Page 203 and 204:
SPACE SECURITY AND SATELLITE APPLIC
Page 205 and 206:
ROLE OF UNOSAT The initial idea of
Page 207 and 208:
CANADA’S PERSPECTIVE ON SPACE SEC
Page 209 and 210:
The draft treaty on the Prevention
Page 211:
ACRONYMS ASAT anti-satellite weapon
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