Space Security and International Law

2021 ◽  
Vol 66 (1) ◽  
pp. 157-181
Author(s):  
Sohyun SHIN
Author(s):  
Saadia M. Pekkanen

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.


Author(s):  
Freeland Steven ◽  
Gruttner Elise

This chapter explains how, since the dawn of the space age, security has been a driving force in the development of technical capabilities in outer space. Over the last sixty years, the development of space-related technology has been inextricably linked to military capability—both real and perceived. Today, space is more accessible and depended upon than ever envisaged. The continuing development and reliance on commercial and military space technology challenges the core principle of the ‘peaceful purposes’ doctrine that underpins the current international legal regulation of outer space. The chapter explores the development of activities in outer space, the regulation of national and global space security, and the practical capabilities of leading spacefaring nations. It also highlights some of the critical issues that impact upon security-related concerns for States when it comes to the regulation of armed conflict in outer space. Ultimately, the use of outer space for military purposes gives rise to difficult international law issues relating to the use of force. What is not straightforward is precisely how various aspects of these activities are to be regulated at the international level should they transcend outer space and result in armed conflict.


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