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

By Detlev Wolter

Outer house is an internationalized universal sector past the nationwide jurisdiction of person states. defense in house needs to as a result be the typical protection of all states. the target of this research is to use the concept that of universal safeguard and to discover the felony foundations for its program in outer area legislation.

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In particular, some Western states take the distinction as a basis for their proposals on the prevention of an arms race in outer space as they would like to see existing passive military uses remain outside the ban. As such, in view of the complete demilitarization of space, the French delegation submitted a working paper to the CD in 1983, stating that “constraints resulting from the long-standing and by now irreversible overlapping of civilian and military uses of outer space” exist. 121 Similarly, the 1981122 and 1983123 Soviet proposals refer solely to active uses of a destructive nature without questioning the existing passive military uses, in contrast to previous years when the Soviet Union was still demanding a complete demilitarization of space.

2 of the Outer Space Treaty, comparable to the principle of common interest. 97 23 In sum, instead of accepting or even endorsing the factual sovereign hegemony of individual space powers, the Outer Space Treaty establishes the interests of the international community in the form of the mankind clause as the guiding principle of the space order. 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.

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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