Space Law Hasn’t Been Altered Since 1967– However, the U.N. Intends to Update Regulations and Maintain Space Peacefully

On November 15, 2021, Russia used a missile fired from the surface of the Earth to take down one of its own outdated satellites, resulting in a gigantic debris cloud that puts numerous space assets, including personnel aboard the International Space Station, in danger. This occurred just two weeks after the First Committee of the UN General Assembly explicitly acknowledged the importance of space and space assets in global efforts to improve humankind’s quality of life, as well as the dangers that military actions in space represent to such endeavors.

The United Nations First Committee addresses disarmament, global issues, and threats to peace that have an impact on the global community. It adopted a resolution on November 1st, creating an ever-expanding working committee. The group’s objectives are to evaluate present and potential threats to space operations, identify situations in which conduct may be deemed irresponsible, offer suggestions for potential norms, rules, and principles of responsible behavior, and participate in the negotiations of legally binding instruments, such as a treaty to prevent “an arms race in space.”

We are two space policy professionals with backgrounds in commercial space operations and space law. We both serve as president and vice president of the National Space Society, a nonprofit organization that promotes space exploration. It is encouraging to see the U.N. recognise the uncomfortably precarious state of peace in space. This crucial resolution has been accepted at a time when tensions are rising, and space activities are becoming more and more vital.

The Outer Space Treaty of 1967

Outer space is not a lawless place.

The 1967 Outer Space Treaty, which is currently recognized by 111 countries, regulates activities in space. The treaty was settled during a time when only the Soviet Union and the United States had space-faring capabilities, in the shadow of the Cold War.

Although the Outer Space Treaty provides general guidelines for governments to follow, it does not provide specific “rules of the road.” In essence, the agreement guarantees everyone in the world the freedom to explore and use space. There are only two limitations to this, and there are many gaps visible right away.

The Moon and other heavenly bodies must only be utilized for peaceful purposes, according to the first caveat. It excludes all remaining space from this general ban. The treaty’s introduction, which acknowledges a “common interest” in the advancement of space research and peaceful uses of space, is the only source of advice in this regard. In accordance with the second caveat, nations engaging in space activity must take into account the relevant interests of the other States Parties to the Treaty.

The treaty’s failure to provide precise definitions of “peaceful purposes” or “due regard” is a significant problem.

The Outer Space Treaty expressly forbids the deployment of nuclear weapons or other weapons of devastating impact anywhere in space, but it does not forbid the employment of conventional weapons there or of ground-based missiles against space assets. Furthermore, it is not obvious if certain weapons, such as China’s new partial-orbit hypersonic missile with nuclear capability, should be prohibited by the treaty.

The treaty’s ambiguous military restrictions give space for interpretation that could lead to confrontation.

Conflict can occur because space is militarized.

Since the 1942 launch of the first V2 rocket by Germany, space has been exploited for military objectives.

A number of early satellites, GPS, a Soviet space station, and even NASA’s space shuttle had all been either specifically created for or have been utilized for military objectives.

The distinction between military and civilian usage of space is becoming less hazy with increased commercialization. The majority of people can name the terrestrial advantages of satellites, such as weather forecasts, climate tracking, and access to the web, but they are not aware that they also boost agricultural output and keep an eye on human rights abuses. The haste to create a new space economy based on operations on and near Earth and the Moon shows that humanity’s reliance on space for economic gain will only grow.

However, satellites that help the terrestrial environment could—or already do—serve a variety of military purposes. We are compelled to draw the conclusion that the distinction between military and civilian usage is still sufficiently blurred to increase the likelihood of a future conflict. Growing commercial operations will also present chances for disagreements over operational zones to elicit military responses from the government.

military trials

Although there hasn’t been a direct military battle in space yet, there has been a rise in the number of countries attempting to demonstrate their military might in and near space. The most recent instance is the test conducted by Russia. China tested an anti-satellite missile in 2007, producing a massive debris cloud that is still generating issues today. As recently as November 10, 2021, a component from that Chinese test had to be dodged by the International Space Station.

Similar protests by the United States and India left significantly less debris behind, but they were just as unwelcome to the rest of the world.

The new U.N. resolution is significant because it initiates the creation of new standards, regulations, and guidelines for responsible conduct. If done correctly, this might significantly contribute to establishing the barriers required to stop conflict in space.

From recommendations to enforcement

Since 1959, space operations have been the focus of the United Nations Committee on the Peaceful Uses of Outer Space.

The 95-member committee’s mandate, however, is to advance global collaboration and research legal issues connected to space exploration. It is incapable of enforcing the principles and regulations outlined in the 1967 Outer Space Treaty or even compelling parties to engage in discussions.

The newly established working group must convene twice yearly in 2022 and 2023 in accordance with the U.N. resolution from November 2021. Despite the glacial pace of action compared to the rate of commercial space development, it represents an important milestone in global space policy.

Read the original article on The Conversation.

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