Space Defense Legal Regime In The Service Of Sustainable Development Presented by: Prof. Dr. Malinowska Date: 12 June 2024 Introduction - Incorporation of space aspect into the defense strategies: amplifying trend - Setting space forces and space commands all over the world - Conducting ASAT tests - Enacting national space laws - Working on space sustainability by international community - Intersection of military operations in space with sustainability concerns. Intro: Legal challenges - Application of the space regulations and standards to the military space operations - Technical safety standards - Registration of military space objects - Sustainability context of licensing regime of space operations - Applying or not applying the space laws to the military space operations Sustainability As A Leading Paradigm Of Space Laws - United Nations Guidelines on long-term space development - European Strategy - National space strategies and national space legislation - Basing the laws on the technical safety standards (ISO, etc.) Three Aspects Of Study: - ASAT tests - Embracing space military activities by licensing regime and safety requirements - The governance of military space activities and the role of space agencies. Sustainability Defined - 1987 Brundtland Report, "Our Common Future", - 1992 UN Conference on Environment and Development (UNCED) ("the Earth Summit") • “Development that fulfills the requirements of the current generation while safeguarding the capacity of future generations to satisfy their own needs.” - Two fundamental concepts: • “Needs”: prioritizing the basic needs of the global impoverished population; • “Constraints” the recognition of constraints imposed by technological advancements and societal structures on the environment's capability to meet both current and future needs - EU Strategy for Sustainable Development: • "Sustainable development means that the needs of the present generation should be met without compromising the ability of future generations to meet their own needs. • [...] It is about safeguarding the earth's capacity to support life in all its diversity and is based on the principles of democracy, gender equality, solidarity, the rule of law and respect for fundamental rights, including freedom and equal opportunities for all. It aims at the continuous improvement of the quality of life and well-being on Earth for present and future generations." - The Guidelines for the Long- term Sustainability of Outer Space Activities • "The ability to maintain the conduct of space activities indefinitely into the future • In a manner that realizes the objectives of equitable access to the benefits of the exploration and use of outer space for peaceful purposes, in order to meet the needs of the present generations while preserving the outer space environment for future generations." Sustainability As Main Axiom Of The Modern Regulation Of Space Activity - Guideline A.1 • Adopt, revise and amend, as necessary, national regulatory frameworks for outer space activities: "States should adopt, revise or amend regulatory frameworks to ensure the effective application of relevant, generally accepted international norms, standards and practices for the safe conduct of outer space activities" - Guideline A.2 • Consider a number of elements when developing, revising or amending, as necessary, national regulatory frameworks for outer space activities - Guideline A.5 • - Enhance the practice of registering space objects Guideline B.8 • Design and operation of space objects regardless of their physical and operational characteristics - Guideline B.9 • Take measures to address risks associated with the uncontrolled re-entry of space objects - Guideline B.10 • Observe measures of precaution when using sources of laser beams passing through outer space Sustainability in the EU Space Law - The plans of the EU Space Law are based on the concept of security, resilience and sustainability of space activities and operations. - The sustainability pillar of the EUSL aims to ensure the long-term sustainability of space operations the EU's ability to rely on space as a key enabler of services and economic growth. - the Joint Communication of 10 March 2023 on an EU Space Strategy for Security and Defence to increase the level of security and resilience of space operations and services in the EU, as well as their safety and sustainability. - The proposal for an EU Space Act is being prepared with a view to promoting the development of resilience measures in the EU, the exchange of information on incidents and cross-border coordination and cooperation. • It applies equally to both civilian and military application Theory And Practice Of Space Military Operations - Anti-Satellite (ASAT) tests conducted by governments of spacefaring nations are inherently linked to military operations in outer space. - Military space missions has been following a distinct trajectory outside established regulatory frameworks. - As an example - the remarks of the US Secretary of Defense: - "For decades, the U.S. military conducted space activities with little regards for how they polluted orbits with debris that posed threats to existing and future space -based assets" and "in the past, the focus was primarily on achieving military objectives, which not much considerations given to the long-term sustainability of space environment" ASAT Tests - ASATs are space weapons designed with the intention to target, destroy, disable, or impair satellites. - ASAT tests have been conducted by four countries (Russia, USA, China and India) and their total number has reached approximately 80 tests - ASAT result in the generation of significant space debris that now orbits the Earth. Since the inaugural ASAT test in 1968, destructive ASAT tests have produced over 6,300 fragments of debris - ASAT tests are not directly prohibited by the Outer Space Treaty - United Nations General Assembly adopted Resolution A/RES/77/41 in support of a moratorium on destructive DA-ASAT testing - Moratorium by US 2022 joined by some other countries (political declaration) Supervision And Control Of Space Military Operations - Outer Space Treaty, Art. VI, supervision and control in the form of authorization of space activities concern only non-governmental activities. • "...The activities of non-governmental entities in outer space, including the Moon and other celestial bodies, shall require authorization and continuing supervision by the appropriate State Party to the Treaty." • States are not obliged to introduce norms for the authorization and ongoing supervision of military (usually governmental) space operations. • Majority of national space laws exclude the military space operations from the supervision and control. Governance Of Military Space Activities – A Remedy For Responsible Behaviors - In terms of governance outer space activities remain anarchic. - Lack of overarching authority - Matrix of authorities competent in space defense at global, regional and national levels - Risk related to parallel powers of space military command. - Establish intergovernmental organization (of the ICAO type) coordinating sustainability measures for both civil and military space applications - National space agencies playing a coordinating role in both the civil and defense spheres - Ensuring consistent implementation of space programs, space strategy and space regulations Conclusions! - Coherent application of the regulatory measures ensuring responsible behaviors and the goals of the sustainable development in outer space. - Regulating a universal ban on ASAT testing and the consistent prevention of the generation of space debris. - U.S. AND the EU could eventually play a leading role as promoters of legal arrangements governing sustainability in all types of space activities, even if only by promoting binding documents on the basis of country adherence. - Establishing legal frameworks through decisive, coordinated, and harmonized technical standards, as well as requirements for both governmental and private entities.