Prevention of Outer Space Weaponization under International Law: A Chinese Lawyer's Perspective

• Author: Yan Ling
• Position: Professor of International Law at China University of Political Science and Law( 'CUPL'). LL.M.(CUPL), Diploma(ISS)
• Pages: 271-289

ISSUE FOCUS

Prevention of Outer Space

Weaponization under

International Law:

A Chinese Lawyer s

Perspective

Yan Ling



Since the existing international legal regime governing space weapons is inadequate,

the international community is worried about the weaponization of outer space. This

paper introduces the efforts and contributions in this regard made by the UN

General Assembly, the Conference on Disarmament, the UN Committee for Peaceful

Uses of Outer Space and the UN Institute for Disarmament Research. It then

analyzes several different approaches to solving the problem of weaponization of

outer space, i.e. amendment of Article IV of the Outer Space Treaty, conclusion of a

multilateral treaty on comprehensive prohibition of space weapons, and transparency

and confidence-building measures in outer space activities. It concludes that a

multilateral treaty on the prevention of weaponization of outer space with

appropriate verification mechanism will be a final solution. At the present stage, a

combination of various CBMs can also serve the purpose to prevent space weapons.

Keywords

Outer Space Treaty, Space Weaponization, Prevention of Space

Weapons, Multilateral Treaty, Transparency and Confidence-Building

Measures, Code of Conduct

KFBJM3)3122*  271

* Professor of International Law at China University of Political Science and Law(CUPL). LL.M.(CUPL),

Diploma(ISS).The author may be contacted at: lingy450@yahoo.com.cn /Address: Faculty of International Law, China

University of Political Science and Law, No. 25 Xi Tu Cheng Road, Haidian District, Beijing 100088China

I. Introduction

The international community has long been concerned about the weaponization of

outer space. Fears that outer space would become another arena for warfare have been

voiced in the United Nations General Assembly(UNGA),

1

the UN Committee for

Peaceful Uses of Outer Space,

2

and the Conference on Disarmament.

3

Debates on

weaponization of outer space were frequently heated in recent years: when the United

Statesspace policy was announced in 2006 denying the use of space to adversaries if

necessary;

4

when the Chinas land-based missiles destroyed a home-made obsolete

meteorological satellite at 800 km above the earth on January 11, 2007;

5

when a US spy

satellite was shot down by a US MS-3 missile on February 20, 2008;

6

and when the flight

test of the US air force X-37 reusable space plane took place in April 2010.

7

What makes the international community so worried is that the existing

international legal regime governing space weapons is inadequate.

8

Since the

withdrawal of the United States from the Anti-Ballistic Missile Systems Treaty in 2002,

and the termination of US-Soviet Treaty on Limitation of Strategic Offensive Arms of

1979, there are only three international treaties governing space weapons, namely, the

Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under

Water (Partial Test Ban Treaty) of 1963, the Treaty on Principles Governing the

Activities of States in the Exploration and Use of Outer Space including the Moon and

Other Celestial Bodies (Outer Space Treaty) of 1967, and the Agreement Governing

the Activities of States on the Moon and Other Celestial Bodies (Moon Agreement) of

1979. However, the Partial Test Ban Treaty only prohibits the testing of nuclear weapons

1

See Secretary-General says benefits of space exploration should not be limited to privileged few,

P

RESS

R

ELEASE

, U.N.

Doc. SG/SM/7767 (Apr. 12, 2001), available at http://www.un.org/News/Press/docs/2001/sgsm7767.doc.htm (last

visited on Sept. 20, 2011).

2Report of the Committee on the Peaceful Uses of Outer Space, U.N. GAOR, 58th Sess., Supp. No. 20, U.N. Doc.

A/58/20 8 (June 11-20, 2003), available at http://www.un.org/documents/ga/docs/56/a5620.pdf (last visited on Sept.

20, 2011).

3Paul Meyer,

The Conference on Disarmament and the Prevention of an Arms Race in Outer Space, available at

http://www.unidir.org/bdd/fiche-ouvrage.php?ref_ouvrage=92-9045-011-B-en (last visited on Sept. 20, 2011).

4

See

National Space Policy of the United States of America (Aug. 31, 2006),

available at

http://www.nss.org/resources/

library/spacepolicy (last visited on Sept. 20, 2011).

5Aura Ang,

China confirms Anti-satellite Missile Test

, CBS N

EWS

(Jan. 23, 2007),

available at

http://www.cbsnews.com/

stories/2007/01/23/world/main2387524.shtml (last visited on Sept. 20. 2011).

6David Morgan,

US: Missile Smashed Spay Satellite

, CBS N

EWS

(Feb. 11, 2009),

available at

http://www.cbsnews.com/

stories/2008/02/20/tech/main3851209.shtml (last visited on Sept. 20, 2011).

7Paul Rincon,

X-37B US Military Spaceplane Returns to Earth

, BBC N

EWS

(Dec. 3, 2010),

available at

http://www.bbc.co.uk/news/science-environment-11911335 (last visited on Sept. 20, 2011).

8Conference on Disarmament, CD/1818 (Mar. 14, 2007), 18-19.

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