Issue link: https://maltatoday.uberflip.com/i/1506214
WORLD 14 maltatoday | WEDNESDAY • 23 AUGUST 2023 IT is difficult to over-state the importance of space systems for civilians. From com- munications, transportation, healthcare, disaster management, humanitarian relief and even facilitating trade through finan- cial systems, space systems are vital for daily life. The UN Office of Outer Space Affairs (UNOOSA) has further highlight- ed the role of space systems in fulfilling the Sustainable Development Goals, such as utilizing space technologies for climate action and gender equality. Space systems also play a critical role for national and international security, ena- bling functions such as early warning (mis- sile detection), military communications and navigation. Many space systems are therefore 'dual-use', serving both military and civilian purposes. Space activities have always been used for military purposes – the United States and the Soviet Union used satellites for intelligence, surveillance and reconnaissance (ISR) as early as the 1950s. Satellites also provide a means of verification for arms control treaties, by assuring a state party to a treaty that the other party is complying with obligations. As a result, space systems and their gov- ernance, are linked with strategic stability and arms control. These strategic dimensions spurred states to adopt regulations on the conduct of space activities. These are articulated in several legal and normative frameworks, in- cluding the international space treaties, UN General Assembly resolutions, UN Charter and international humanitarian law (IHL), as applicable. The space treaties were nego- tiated and adopted in the UN Committee on Peaceful Uses of Outer Space (UNCO- PUOS). The first four treaties, namely, the 1967 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 or OST), the 1968 Agreement on the Rescue of Astronauts, the Return of Astro- nauts and the Return of Objects Launched into Outer Space, the 1972 Convention on International Liability for Damage Caused by Space Objects (Liability Convention), and the 1976 Convention on Registration of Objects Launched into Outer Space (Registration Convention), specify various rights and obligations for states in their ex- ploration and use of outer space. These four treaties have been ratified by a large num- ber of states (though not all). In 1979, an additional treaty, the Agreement Govern- ing the Activities of States on the Moon and other Celestial Bodies (Moon Agreement), was adopted, which has been ratified by 19 states to date. Several challenges have emerged for the governance of outer space. First, the space treaties contain some provisions with diluted and ambiguous wording that is being increasingly questioned in light of worrying trends in space activities to- day. These trends refer to the increasing militarization and weaponization of out- er space, including the development and testing of counterspace capabilities by a number of actors, and threats to space sys- tems that are not explicitly regulated by the above-mentioned international space treaties. Second, the dynamics of the glob- al space sector have shifted considerably, making it more difficult to enforce inter- national space law. Many states have space ambitions today and further, there is a no- table trend of diversification in both actors and activities in outer space. States are no longer the sole entities engaged in space activities, and commercial entities now play a key role in providing space-based services to civilian, governmental and mil- itary end-users. Space activities have also diversified, with aims such as space re- source utilization and space debris reme- diation now increasingly possible due to rapid technological advancements. In this regard, the UNCOPUOS has con- tinued to discuss governance measures regarding the peaceful uses of space, fo- cusing on safety and sustainability aspects. Deliberations at UNCOPUOS have been relatively constructive, exhibited most re- cently by the 2019 Guidelines on the Long- term Sustainability of Outer Space, which were adopted by consensus. The guide- lines contain measures relevant to the pro- tection of civilians and critical infrastruc- ture. For instance, Guideline A.2 advises states to consider specific elements when developing or amending national space frameworks, such as space debris mitiga- tion, and address risks to people, property, public health and the environment associ- ated with the launch, operation and re-en- try of space objects. Similarly, Guideline B.1 recommends that states share infor- mation on space objects and orbital events that may affect the safety of outer space operations, which would enable effective responses in situations where critical civil- ian infrastructure risks being affected. In contrast, security-related issues of space have been more difficult to address. Space security is primarily deliberated at the UN Conference on Disarmament (CD), which has been deadlocked for decades. The 'prevention of an arms race in outer space' (PAROS) has been on the agenda of the CD since the 1980s. The deadlock emerged as a result of differing views and priorities to advance the agenda of PAROS, particularly over what kinds of capabilities to regulate, and the most feasible means to do so. Through two separate General Assembly resolutions, one group of states proposed verifiable agreements to prohibit anti-satellite systems, while another group proposed to prohibit any type of weapon from being stationed in space. Furthermore, some states viewed existing international law as insufficient to prevent an arms race in space, while others argued that the cur- rent international legal framework includ- ing customary and treaty law would suffice. Thereafter, states diverged over whether to focus on developing a new legally-binding treaty, or develop voluntary measures. A key point of concern also raised by develop- ing states was the need to avoid restricting access to space and space technologies in Space security governance: steps costs of military operations in outer Civilians are heavily dependent on space systems for everyday life. Yet, those same space systems can also be critical for national and international security. While the civilian and military uses of space are governed by international law, the current framework needs to be strengthened to ensure the protection of civilians, particularly in light of the increasing militarization and weaponization of outer space. Nivedita Raju, a researcher at the Stockholm International Peace Research Institute (SIPRI), presents an overview of space security governance and proposes three steps towards this objective.