The article was originally published at The Conversation.
The Executive Director of the Centre for Research in Air and Space Law is Kuan-Wei Chen.
In 1996, Joseph W. Ashy, former U.S. commander-in-chief of the North American Aerospace Defense Command, famously said: "We're going to fight in space." We are going to fight from space and we are going to fight into space.
The establishment of the U.S. Space Force, anti-satellite weapons testing by major spacefaring nations, and the rapid development of space technology have all taken place in less than three decades.
Military interest in the moon is increasing.
There are many concerns about war in space. Steven Freeland, a space law expert, wrote that the belief in the inevitability of space becoming the next major battlefield is a self-fulfilling prophecy.
On April 18, U.S. Vice President Kamala Harris made it clear that the United States would not conduct destructive anti-satellite missile testing.
The context suggests that the statement by Harris is more than just a political commitment. The declaration was made in clear and specific terms, and it was preceded by claims that the U.S. will lead by example and be a leader.
Declarations publicly made and the will to be bound can create legal obligations under international law. In this case, the U.S. issued a declaration that had both political and legal effect.
The U.S. declaration needs to be read in light of the upcoming Open-Ended Working Group on reducing Space Threats. It will be interesting to see if other countries will join the U.S. in making such declarations.
The placement of weapons in outer space that would pose a grave danger for international peace and security has been a concern of countries for decades.
In the early 1980s, the then-General Secretary of the Soviet Union said that Moscow would not be the first to put an anti-satellite weapon into outer space.
The majority of countries have voted in favor of a United Nations General Assembly resolution that forbids countries from placing weapons in space.
Several anti-satellite missile tests have been conducted over the years, most recently by Russia. The creation of debris by these tests has been said to have increased risk to the stability of outer space and human space flight.
The U.S. has made a commitment not to test anti-satellite missiles from Earth. There is no evidence that the U.S. has committed to not use direct-ascent missiles or to use weapons in space.
There is a lack of interest in refraining from other methods of disabling, disrupting or destroying space objects.
The proposed Treaty on the Prevention of Placement of Weapons in Outer Space aims to prohibit the placement of any weapons in outer space and prohibit the threat or use of force against space objects, but it has been opposed by the U.
The monitoring of changing weather patterns, global communications, positioning and navigation, and alleviating food and water shortage are just some of the space applications that are important to modern life. The consequences of the disruption or destruction of a part of the space infrastructure that is so crucial to civilians, industry and militaries are unimaginable.
The probability of conflict would increase if weapons were placed in outer space. The weaponization of outer space is a choice, rather than an inevitable one.
There are constraints on the testing and use of anti-satellite weapons in international space law. Other ways of interfering with the space operations of other countries are limited by the law.
On the same day as the vice president's commitment, the White House announced that confrontation in outer space is not inevitable.
According to the 1967 Outer Space Treaty, space must be explored and used for peaceful purposes and for the benefit and in the interests.
The first manual clarifying international law applicable to military uses of outer space during peacetime is from the McGill Manual on International Law Applicable to Military Uses of Outer Space.
The belief that conflict in space is not inevitable will be furthered by clarifying the limitations of international law in outer space.
The U.S. declaration gave us the chance to prevent conflict from spreading into outer space. It has provided a boost to other countries' commitment to explore and use space in a safe, responsible and sustainable manner.
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