Selected Legal Challenges Relating to the Military use of Outer Space, with Specific Reference to Article IV of the Outer Space Treaty

Abstract

It's politically sensitive, but it's going to happen. Some people don't want to hear this, and it sure isn't vogue, but-absolutely-we're going to fight in space. We're going to fight from space and we're going to fight into space. That's why the US has developed programs in directed energy and hit-to-kill mechanisms. We will engage terrestrial targets someday-ships, airplanes, land targets-from space. 12 The USA regards outer space as a top national security interest to which its military power should be extended by, for example, the possible deployment of non-nuclear space-based weaponry. 13 Especially since the terrorist attacks in New York on 11 6

A Fresh View on the Outer Space Treaty

“…Concerning the moons, it is suggested that a decision should be taken on a political level due to the various types of moons and the fact that they have gravity wells of their own and are situated within the overall gravity well of their parent planets. 6 Additionally, it is not only interesting to see how the Outer Space Treaty influences the rights and responsibilities of humans and robots in today's law but also how this may influence and provoke changes in international regulations in the future. Reflections are undertaken to consider including an appropriate section of robotic law in the OST in order to take into account the fact that some nations consider giving "personhood" status to robots.…”

“…5 In addition, the Security Council can decide what measures should be taken in order to maintain or restore international peace and security. 6 On the one hand, the Security Council may decide to take measures that do not involve the use of armed forces; this may include complete or partial interruptions of economic relations and of rail, sea, air, postal, telegraphic, radio and other means of communication and the severance of diplomatic relations. 7…”

“…However, I should stressed that it is not the purpose of this analysis to provide a detailed interpretation of the UN Charter but just to provide or substantiate the link 6 The Vienna Convention entered into force in 1980, whereas the UN Charter was concluded in 1945. 11 Ibid.art.5. between intentional destruction of satellites and the maintenance of international peace and security.…”

“…5 The UN Charter gives the Security Council primary responsibility for the maintenance of international peace and security. 6 This responsibility is not only applicable on the planet Earth, but it also has application to be extended to all places where the human being is, e.g. the Moon, Mars, etc.…”

“…5 The environmental issues in outer space, therefore, deserve closer examination, particularly in view of the immature development of environmentfriendly space technology and practice in the modern space sector. 6 Throughout the current Outer Space Treaty (OST) regime, Article IX represents the most fundamental -if not the only -provision in space law for protection of the outer space environment and its preservation for peaceful uses. 7 It imposes a duty on States to exercise 'due regard' for the interests of other countries when conducting any space activity 8 -known as the 'due regard' principle.…”