Keeping the peace in outer space: a legal framework for the prohibition of the use of force

Details Keeping the peace in outer space: a legal framework for the prohibition of the use of force Keeping the peace in outer space: a legal framework for the prohibition of the use of force

Nov 2004

adsabs.harvard.edu/cgi-bin/nph-data_query?bibcode=2004sppol..20..259g&link_type=abstract

Space Policy, Volume 20, p. 259-278

Mathematics

Logic

Dual-Use Technology, Space Surveillance, Space Warfare, Use Of Force, International Law, Legal Framework

Scientific paper

Outer space is an area of growing economic and technological importance. It is also a developing theatre of military defence and warfare. Against this backdrop, development of a legal framework on the use of force in outer space is of critical urgency. This paper proposes a framework for the development of international law in this area and also assesses the effectiveness of the current state of international lawgoverning the prohibition on the use of force in the context of outer space. It expands upon a proposed role for the United Nations and outlines a proposed enforcement mechanism for the lawon the use of force in outer space. This proposed framework rests on a three-tiered system involving an International Tribunal for Outer Space, an International Space Surveillance Agency and an International Space Inspection Agency, co-ordinated through a Secretariat under the auspices of the United Nations Office of Outer Space Affairs. The paper also provides a proposed Protocol on International Peace and Security to the 1967 Outer Space Treaty as a means of establishing the proposed enforcement mechanism. Finally, the paper looks at the complexities involved in developing the law, and moots immediate steps for its development.

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