The Role Of UN And EU In Regulating The Military And Defense Use Of Outer Space

The Role Of UN And EU In Regulating The Military And Defense Use Of Outer Space Presented by: Prof. Alk Dr. Malinowska Date: 7 March 2024 Outline - - - International • Space law and defense • Defense strategies and space law Regional (EU) • Institutional framework • United Nations: regulating of postulating National dimension • European Union: waking up giant? • Conclusions Space Dualism - Space peaceful - Space, defense' - Space is dual: • In law • In actors • In institutions • In purposes Dualism In Outer Space - - Legal • Civil space laws • Security and trade restrictions Institutional • UN/NATO • EU/ EU members EU Space Defense Strategy On Law: - "The issue is of great importance and should also be addressed legally, for the reason that space war would have an immanent supranational character. - The law may not be enough because of very many political aspects. - Wars are always political in nature, so in a way they are always above the law, i.e. the law cannot completely prevent them, but it may be able to strengthen international control, which will have a preventive effect. - And this is due to the fact that in the case of space, and its supranationalism, the entire world community will always be interested, so the emphasis may be more on preventing excessive militarization and avoiding armed conflict in space." Defense Strategies Versus Space Law - Space defense strategies usually don't deal with the law - Space laws usually don't regulate military issues Space Cooperation Instead Of Space Law? - No single body or law governs the use of space, and efforts to improve space governance are complicated by the clashing priorities of major space powers. - International cooperation can play a systematic role in reducing tensions, altering threat perceptions and creating a community of stakeholders that share common goals with regard to the long-term sustainability of outer space. - Is the law too weak to handle space defense and military issues ? United Nations - The UN remains the primary multilateral forum to discuss space security issues. - UNOOSA supporting the global governance of outer space activities Military space regulations by UN - United Nations Charter - Outer Space Treaty - PAROS • - Prevention of an Arms Race in Outer Space SOFT LAW • OEWG Outer Space Treaty - The Article IV states that: • "States Parties to the Treaty undertake not to place in orbit around the Earth any objects carrying nuclear weapons or any other kinds of weapons of mass destruction, install such weapons on celestial bodies, or station such weapons in outer space in any other manner. • The Moon and other celestial bodies shall be used by all States Parties to the Treaty exclusively for peaceful purposes. • The establishment of military bases, installations and fortifications, the testing of any type of weapons and the conduct of military man oeuvres on celestial bodies shall be forbidden. • The use of military personnel for scientific research or for any other peaceful purposes shall not be prohibited. • The use of any equipment or facility necessary for peaceful exploration of the Moon and other celestial bodies shall also not be prohibited." UN Bodies Dealing With Militarization Of Outer Space - None of them have a power to set binding laws • UNIDIR • OEWG • PAROS - Group of governmental experts Weakening power of United Nations? - ASAT Ban initiative of United States: • "Without clear norms we face unnecessary risk in space, (...) • The United States will work with commercial industry and allies to lead in the development of new measures that contribute to the safety, stability, security, and long-term sustainability of space activities. • Through this new commitment and other actions, the United States will demonstrate how space activities can be conducted in a responsible, peaceful, and sustainable manner. It's an attempt to lead by example, and demonstrate we're willing to make this commitment ourselves and then encourage others to follow." European Union - The Lisbon Treaty: ground for common defense policy - The EU's major diplomatic initiative: the International Code of Conduct addresses both military and civil uses of outer space, emphasizing principles for responsible behavior - EU as de facto key player through Galileo and Copernicus - European Space Strategy for Security and Defense 2023 European Space Strategy for Security and Defense - Proposing • Proposing an EU Space Law to provide a common framework for security, safety, and sustainability in Space, that would ensure a consistent and EU-wide approach, - Setting • Setting up an Information Sharing and Analysis Centre (ISAC) to raise awareness and facilitate exchange of best practices among commercial and relevant public entities on resilience measures for space capabilities, - Launching • Launching preparatory work to ensure long- term EU autonomous access to space, addressing in particular the security and defense needs, - Enhancing • Enhancing the technological sovereignty of the EU by reducing strategic dependencies and ensuring security of supply for space and defense, in close coordination with the European Defense Agency and the European Space EU Competence In Space Defense - The Article 189 of Lisbon Treaty empowers the EU: • "To promote scientific and technical progress, industrial competitiveness and the implementation of its policies". To this end the Union shall draw up a European space policy and promote joint initiatives, support research and technological development, coordinate the efforts needed for the exploration and exploitation of space" as well as to "establish the necessary measures, which may take the form of a European space programs, excluding any harmonization of the laws and regulations of the Member States." European Union Concept For Space And Defense - Creating joint framework for space and defense industries - Recognizing the strategic role of space for security and defense - Upgrading the institutional settings EU Documents - Regulation 2021/696 establishing Union Space Program and EUSPA - Decision 2021/698 on the security of systems and services deployed, operated and used under Union Space programs - Strategic Compass for Security and Defense 2022 - EU Space Strategy for Security and Defense 2023 EU Institutions Linked To Space Defense - European Defense Agency - European Defense Fund - EUSPA Space Defense Institutional Aspects - National defense space strategies: • United States, Russia, France, United Kingdom - Governance structure are diverse and dispersed - Disparity of roles attributed to national space agencies Space Sustainability As A Connecting Paradigm - Shall space sustainability paradigm give dominance to civil organizations? - Shall military & defense aspects spoil sustainability efforts ? - Need of integration of space in security and defense domain Conclusions: role of EU and UN - Hope for equilibrium of defense and civil aspects in space - European Union: - • An awakening power setting new trends in space defense? • responsible actor or naive power? • From facilitator to leader? United Nations role in setting paradigms but not binding rules