"Common Interest" and "Non-Appropriation" in Outer Space: Political Interpretation of Legal Principles

1979 ◽  
Vol 6 (3) ◽  
pp. 529-539 ◽  
Author(s):  
David S. Myers
1969 ◽  
Vol 63 (2) ◽  
pp. 197-210 ◽  
Author(s):  
R. Cargill Hall

The requirement for international standards for rescue and return of distressed astronauts rapidly assumed importance in the first years of the space age, paralleling development of the technology necessary to sustain man in outer space and to permit re-entry of spacecraft through the earth’s atmosphere. The need increased in the early 1960’s when both the United States and the Soviet Union announced inauguration of space flight programs to send men to the moon and return them to earth. It was recognized that, in the continued absence of any firm international consensus on this subject, international friction could be caused by disagreement over procedure to be followed, the nature and extent of states’ obligations, or by differences in interpreting or applying legal principles in the event earth or space rescue and return operations became necessary. These conditions (possible unintentional misunderstanding during manned flight emergencies, swift developments in astronautical science and technology that made manned space flight a reality, and the importance of astronauts in terms of national prestige and subsequent status as “envoys of mankind”) combined to encourage international agreement upon standards for rescue and return by way of direct discussion among states, informal agreement, and, ultimately, conclusion of formal conventions governing this activity; and they discouraged reliance by nations upon principles or practices derived from custom and precedent.


Author(s):  
Sa'id Mosteshar

Although legal principles to govern space were discussed as early as the mid-1950s, they were not formalized until the Outer Space Treaty (OST) 1967 was adopted and came into force. The OST establishes a number of principles affecting the placement of weapons in outer space. In particular it provides that “the Moon and other celestial bodies shall be used exclusively for peaceful purposes” and prohibits the testing of any types of weapons on such bodies. More generally the OST forbids the placement of nuclear weapons or other weapons of mass destruction in outer space. In addition there are a number of disarmament treaties and agreements emanating from the United Nations Office for Disarmament Affairs and the Conference on Disarmament that are relevant to weapons in space. Although the disarmament provisions and international humanitarian laws place some restrictions on the use or manner of use of space weapons, none prohibit space weaponization. The absence of such prohibition is not due to many attempts over the years to prevent an arms race in space. Notable among these are Prevention of an Arms Race in Space Draft Treaty and the Prevention of the Placement of Weapons in Space Draft Treaty. In considering the laws affecting space weapons a fundamental question that arises is what constitutes a weapon and does its placement in space breach the requirement that outer space be used exclusively for peaceful purposes? As an example, does a satellite used to control and direct an armed drone breach the peaceful use provision of the OST? There may be risks that without international norms governments and substate groups may acquire and use armed drones in ways that threaten regional stability, laws of war, and the role of domestic rule of law in decisions to use force. Given their orbital velocity, any object in space could be a weapon with capability to destroy a satellite or other space object. There is also a growing population of dual-use satellites with military as well as civilian applications. These present great difficulty in arriving at a workable definition of a space weapon in the formulation of a generally acceptable treaty. In addition, there are divergent views of the meaning of peaceful use. Some, in particular the United States, consider the meaning to be “nonaggressive” rather than “nonmilitary.”


AJIL Unbound ◽  
2019 ◽  
Vol 113 ◽  
pp. 98-102 ◽  
Author(s):  
Tanja Masson-Zwaan

The actors in outer space have changed dramatically, involving not only new states but also private entities including start-ups, universities, and other new market entrants. The topics that require regulation have also changed, moving from broad principles to govern the initial stages of space exploration to much more complex questions with greater interests at stake. These topics include new kinds of activities, made possible by fast technological progress and often involving great potential for commercial gain, and also issues of growing concern for humankind as a whole with regard to the continued exploration and use of outer space. This essay looks at how new state participants view established and emerging international legal principles regulating space activities and highlights potential points of agreement or disagreement in that respect.


2021 ◽  
Vol 67 (1/2021) ◽  
pp. 201-224
Author(s):  
Rushali Saha ◽  
Marko Filijovic

Cold War rivalry spilled into space when the Soviets launched Sputnik in 1957, leading to space being recognised as the fourth domain of warfare. As the monopoly of the US and former Soviet Union eroded, it created space for new actors to emerge from Asia, where China and India due to their investemnts in space technology as early as 1950’s had a significant headstart. The paper traces the evolution of the space programs of both the Asian countries and identifies how they are tailored to meet their aspirations to become global space powers. Against the backdrop of competitve cooperation which charecterises their overall bilateral relations, the paper assesses the trends in their national space programs to predict whether Sino-Indian relations will shift towards confrontation or cooperation. In view of the similar ambitions of both these countries in space, the paper conlcudes that there is scope for cooperation as well as competiton and which path will be adopted depends largely on their national strategic interests and further development of their fututre projects.


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