CHALLENGES

Further space exploration presents a number of challenges in today’s reality. More states see outer space as a way to use their advanced technologies and gain more authority on Earth. Loopholes and vague wording in the existing treaties threaten to weaken and undermine the international legal system.

The issue arises as soon as it comes to the universal definition of outer space since there are different interpretations around the world. Despite the existing legal framework of treaties and agreements on outer space, it may be considered inadequate since the majority of these documents were signed last century. Our global community is in urgent need of the development of new treaties and improvement of the old ones. Although the treaties ban the placement of weapons of mass destruction in space, they do not prevent states from placing other types of weapons in space. One key element is the distinction between the militarization and weaponization of outer space. From the beginning of the exploration of space in the 20th century, the militarization of space has been viewed as a real possibility. The onset of the Cold War and its consequent Space Race introduced the quest for developing military technologies in space. Virtually, space has been militarized since the earliest communication satellites were launched. Space weaponization is generally understood to refer to the placement in orbit of space-based devices that have a destructive capacity.

Today, militaries all over the world rely on satellites for command and control, communication, monitoring, early warning, and navigation with the Global Positioning System. Therefore, “peaceful uses” of outer space include military uses, even those which are not at all peaceful. Growing number of satellites also represents a challenge. Meaning that it creates another big problem: space debris. Limitation of its creation should be among the priorities on the UN agenda in order to preserve clean and accessible space for future generations, and also to keep it safe. States must bear international responsibility and liability for space objects. In similar fashion, novel activities such as space tourism or extraction and utilization of space resources exert additional pressure to the already challenging regulatory environment. To maintain space safe, secure and sustainable, there is an increasing urgency on part of the policy-makers to develop and agree upon appropriate measures.

Along with the concerns over the imminent development of outer space weapons and the military threat that these would post, there is a viewpoint that neither an arms race in outer space nor any significant ongoing development by any state with respect to space weapons. Such stance is a dangerous assumption that blocks any further negotiations. We need agreements that would be legally-binding for every state as well as adequate enforcement measures. There are indications that intensifying competition in outer space capabilities fits an arms race dynamic. A possible weaponization of outer space by a country will be beneficial for it per se, however, it will bring destruction to mankind and lead to an arms race. For this reason, it is extremely essential to prevent this from becoming our reality. There is no doubt that freedom of action and sovereignty should be respected. However, states need to accept the fact that living as a peaceful community takes its toll and impose some restrictions.

Member states must strive to develop a common understanding of the terms of PAROS as the main legal instrument to prevent the weaponization and arms race in outer space. We need to strive for more transparency and confidence-building measures in cases like increasing the disclosure of space-related operations, upgrading information about satellites, creating a code of conduct in space operations and international transfers of space technology and information, among others.

On the basis of the challenges mentioned above we agree that the followingitems should be considered during deliberations:

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