Neoclassical Realism in Japan’s Space Security

2021 ◽  
Author(s):  
Saadia M. Pekkanen
Keyword(s):  
International Law ◽  
Outer Space ◽  
World Order ◽  
Organizational Changes ◽  
Dual Use ◽  
Neoclassical Realism ◽  
Basic Space ◽  
Holistic Understanding ◽  
Space Law ◽  
Space Security

Japan’s space security commands attention as the country shifts toward internationalism in a world returned to great power competition. Using the framing from neoclassical realism, this article discusses the ways in which Japan has adjusted both its internal portfolio and its external postures to balance against perceived threats in outer space. While neoclassical realism is foundational for understanding what motivates, empowers, and constrains states in the space domain, the article also layers in the importance of international law to the conduct of statecraft within it. Doing so gives us a more holistic understanding of the material, legal, and normative evolution of Japan’s winding space trajectories. Although Japan’s Basic Space Law of 2008 is seen as a watershed event for legal and policy purposes, the law merely caught up with the extraordinary quality and range of Japan’s long-evolving dual-use space technologies. It is these autonomous foundations that empower Japan to pursue three distinct strategies in its interest—counterspace capabilities, organizational changes, and space diplomacy—with implications for both rivals and allies in a changed world order.

India’s Quest for a National Space Law and the Missing Piece of Possessory Rights

2021 ◽  
pp. 097492842110477
Author(s):  
Athar ud din
Keyword(s):  
International Law ◽  
Outer Space ◽  
National Space ◽  
Commercial Use ◽  
Future Space ◽  
Space Law ◽  
Recent Developments ◽  
Celestial Bodies ◽  
Emerging Powers ◽  
Space Activities

As the commercial use of outer space becomes feasible, the nature of possessory rights will potentially emerge as the central focus of future space-related activities. The existing international law relating to outer space does not address in detail the nature of possessory rights in outer space and is subject to multiple interpretations. Alarmingly, the recently adopted space policies and legislations by some States have taken a definitive position regarding commercial use of natural resources in outer space. In light of India’s increasing involvement in outer space, it circulated the Draft Space Activities Bill, 2017, to formulate a national space law. However, the nature of possessory rights in outer space is not addressed in detail in the Draft Space Activities Bill. This study states that on account of recent developments happening elsewhere, it is extremely important for emerging powers like India to take a position on broader issues like the nature of possessory rights in outer space (which includes celestial bodies as well as resources contained therein). Not addressing the issue of possessory rights in outer space could have profound implications at both domestic as well as international levels.

Peaceful Purposes for the Benefit of All Mankind

2020 ◽  
pp. 109-122
Author(s):  
P.J. Blount
Keyword(s):  
International Law ◽  
Outer Space ◽  
International Peace ◽  
International Space ◽  
Legal Obligations ◽  
Ethical Content ◽  
Space Law ◽  
Peace And Security ◽  
Outer Space Treaty ◽  
Geopolitical Context

This chapter argues that the Outer Space Treaty contains, in addition to its legal content, ethical content. The chapter then analyzes the text of the treaty to reveal this ethical content and connect it to the twin goals of the peaceful uses of outer space (found in international space law) and the maintenance of international peace and security (found in general international law). The analysis contends that, while the ethical content of the Outer Space Treaty does not create hard legal obligations, it does inform the nature of the legal content of the norms set out by the treaty. Finally, this chapter will also evaluate how the ethics deployed by the treaty have fared in the contemporary geopolitical context.

Formation of a modern international legal concept for the exploration and use of outer space

2021 ◽  
Author(s):  
A. Kapustin ◽  
V. Avhadeev ◽  
A. Golovina ◽  
A. Kashirkina ◽  
E. Kienko ◽  
...  
Keyword(s):  
International Law ◽  
International Cooperation ◽  
International Organizations ◽  
Space Exploration ◽  
Outer Space ◽  
Legal Regulation ◽  
Legal Concept ◽  
International Space ◽  
Space Law ◽  
Space Activities

The exploration and use of outer space, which began in the mid-twentieth century, led to the formation of international space law, designed to regulate the relations of States in this relatively new sphere of human activity. The undulating nature of the development of this branch of international law, for objective reasons, has led to the complication of international legal regulation of space activities. The dynamics of scientific and technological progress and the development of technologies in the space sphere exacerbates competition between space powers and international organizations, creates new challenges for international cooperation in space exploration and requires innovative legal solutions. The doctrine of international law is faced with the task of generalizing new problems and processes and developing conceptual models for the further development of international space law. The dynamics of the conceptual perception of international space law is traced, new theoretical approaches to the concept of the international legal status of outer space and individual regimes and concepts of its use in modern conditions are proposed. Taking into account the trends in the institutionalization of international space activities and the impact of economic integration processes on international cooperation in space, primarily in the Euro-Asian region, the role of international organizations in the international legal regulation of space activities and the harmonization of national legislation is analyzed. In addition, certain aspects of future space exploration are considered as a legal forecast. For researchers, teachers, postgraduates and students, civil servants and practicing lawyers, as well as for anyone interested in the problems of modern international law.

India’s Anti-Satellite Test: from the Perspective of International Space Law and the Law of Armed Conflict

2021 ◽  
pp. 1-25
Author(s):  
Shakeel Ahmad
Keyword(s):  
International Law ◽  
Outer Space ◽  
Arms Race ◽  
Space Environment ◽  
International Space ◽  
Law Of Armed Conflict ◽  
Space Law ◽  
Effective Role ◽  
Strategic Position

Abstract To enhance their strategic position, some spacefaring States are engaged in exploiting legal lacunae of international space treaties. Consequently, there is an increase of militarization of outer space. As an instance of such activities, an anti-satellite (asat) test by India represents a strategic move to enhance its deterrence capability rather than earnestly adhering to international space law. Such actions can potentially increase the element of uncertainty in international law, particularly the international space law. The pursuit of military strategic interests in space has increased the possibility of an arms race in space. This article argues that asat tests not only violate certain principles of international law but also undermine the efforts for arms control and disarmament in the outer space. In this regard, an effective role of the international community is required to curb the arms race imperative for a safe and sustainable outer space environment.

scholarly journals Outer Space Law in Retrospect

2018 ◽  
Vol 5 (5) ◽  
pp. 4661-4671
Author(s):  
Tunku Intan Mainura
Keyword(s):  
International Law ◽  
Outer Space ◽  
Analytical Framework ◽  
Legal Framework ◽  
Regulatory Framework ◽  
International Space ◽  
National Space ◽  
Space Law ◽  
Space Activities

The purpose of this article is to analyse the literature concerning legal framework for outer space activities by states. Review was conducted on the elements of national space law, including literature critiquing particular strengths or weaknesses of existing laws and literature, on the obligations placed on States under international law and on why writers make particular recommendations as to the content of legislation. The article will summarise the key elements one would anticipate finding in the outer space regulatory framework and which will form the structure of the analytical framework when considering how States implement international space law in practice.

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