The article was published at The Conversation.
Professor of Air and Space Law at the University of Mississippi.
Greg Autry is a professor at Arizona State University.
Russia destroyed one of its own old satellites using a missile launched from the surface of Earth, creating a massive debris cloud that threatens many space assets, including the International Space Station. The United Nations General Assembly First Committee formally recognized the role that space assets play in international efforts to better the human experience, and the risks military activities in space pose to those goals.
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The UN's First Committee deals with threats to peace and global challenges. The committee approved a resolution that created an open-ended working group. The group wants to assess current and future threats to space operations, determine when behavior may be considered irresponsible, make recommendations on possible norms, rules and principles of responsible behaviors, and contribute to the negotiation of legally binding instruments.
Two space policy experts have specialties in space law and the business of commercial space. The National Space Society is a nonprofit space advocacy group. It is refreshing to see the U.N. acknowledge that peace in space is tenuous. The Russian test shows that tensions continue to rise as activities in space become more important.
The Outer Space Treaty was developed within the United Nations and governs current actions in space. Basil D Soufi/WikimediaCommons has an image on it.
The Outer Space Treaty was signed in 1967.
Outer space is not a vacuum.
The Outer Space Treaty regulates activities in space. The treaty was negotiated in the shadow of the Cold War, when only the Soviet Union and the U.S. had spacefaring capabilities.
The Outer Space Treaty offers principles to guide the activities of nations, but not detailed "rules of the road". The treaty assures freedom of exploration and use of space. Multiple gaps immediately present themselves, and there are just two reasons for that.
The moon and other heavenly bodies must only be used for peaceful purposes. The rest of the space is not included in the blanket prohibition. The treaty's preamble recognizes a "common interest" in the "progress of the exploration and use of space for peaceful purposes". The second caveat states that those conducting activities in space must do so with due regard to the interests of all other States Parties to the Treaty.
The treaty does not offer clear definitions for "peaceful purposes" or "due regard".
The Outer Space Treaty does not prohibit the use of weapons of mass destruction in space, but it does prohibit the use of ground-based weapons against assets in space. It is not clear if the new nuclear capable partial-orbit hypersonic missile should fall under the treaty's ban.
The vague military limitations built into the treaty allow for interpretation that can lead to conflict.
Satellites that take images for weather forecasts can also serve military functions. The image is from the NASA Goddard Spaceflight Center.
Conflict is possible in space.
Since 1942, space has been used for military purposes.
The Soviet Space Station and NASA's space shuttle are just two of the early satellites that have been used for military purposes.
The lines between military and civilian uses of space are blurry now that commercialization is increasing. Satellites have benefits on the ground but are not well known that they also increase agricultural yields and monitor human rights violations. The rush to develop a new space economy based on activities in and around Earth and the moon suggests that humanity's economic dependence on space will only increase.
Satellites that provide benefits could serve military functions as well. We have to conclude that the lines between military and civilian uses are not completely indistinguishable to make a conflict more likely. Commercial operations will provide opportunities for disputes over operational zones.
Military testing.
There has not been a direct military conflict in space yet, but there has been an increase in efforts by nations to prove their military prowess. The most recent example is Russia. China created a huge debris cloud after testing an anti-satellite weapon. The International Space Station had to dodge a piece from the Chinese test.
Similar demonstrations by the U.S. and India were not welcomed by the international community.
The new U.N. resolution is important for the development of new rules and principles of responsible behavior. This could go a long way in helping to prevent conflict in space.
Guidelines to enforcement.
Since 1959 the U.N. Committee on the Peaceful Uses of Outer Space has addressed space activities.
The 95-member committee is supposed to promote international cooperation and study legal problems arising from the exploration of outer space. The principles and guidelines set forth in the Outer Space Treaty are not able to be enforced.
The U.N. resolution requires the newly created working group to meet twice a year in the next two years. The pace of activity is not as fast as commercial space development, but it is still a major step in global space policy.
The Conversation's article is a Creative Commons licensed one. The original article can be found here.
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