Download Common Security in Outer Space and International Law by Detlev Wolter PDF

By Detlev Wolter

Outer area is an internationalized universal sector past the nationwide jurisdiction of person states. protection in house needs to for that reason be the typical safety of all states. the target of this research is to use the idea that of universal safeguard and to discover the felony foundations for its software in outer area legislations.

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1 and 2 of the Outer Space Treaty, thereby providing for at least the partial demilitarization of outer space. 68 The United States, although its first draft had tried to limit the ban on the deployment of nuclear weapons to celestial bodies,69 finally agreed. 70 The space powers were, nevertheless, careful in ensuring that no provision of the Treaty could infringe on their plans to allow for limited military uses of outer space such as permitting intercontinental ballistic missiles, albeit not deployed in orbit, to have part of their trajectory in space.

This new limitation of the freedom of states in turn is the normative foundation for developing the CHOM principle as the general structural principle of the legal space order. This validation of the common interest also explains the enthusiasm with which the international community, including the two space powers, welcomed the beginning of the space age and of the peaceful exploration of space. Not least with regard to the issue of international security and disarmament, the international community put great hopes in the principle of the peaceful use of outer space in the “interest of all mankind”.

189 The plan, providing for the deployment of weapons in space, pursues four strategic objectives: space control; defensive counterspace; offensive counterspace; and force application. These objectives run in parallel with the Pentagon’s endeavours to designate the necessary need for space weapons according to capabilities, as opposed to primarily in function of a threat analysis. In this vein, Joan John-Freese from the US Air Force University in Colorado states: The simple, yet compelling argument for space control capabilities, including ASATs, is that capabilities-based planning, rather than threatbased planning, dictates development of space control, including ASAT, technologies.

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