• The Korean Journal of Air & Space Law and Policy
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• v.30 no.1
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• pp.303-325
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• 2015

The latest slogan put forth by the international space community is the safety, security, and sustainability of outer space activities. The security of outer space activities, in particular, would be defined as the secure state from space-based threats. The latter comprises passive threats (such as collision with other satellites and space debris) and aggressive threats (such as electromagnetic interference, arms race on the earth or in outer space, and military attacks). Has outer space been used for military purposes in practice? If so, does international law regulate the military space activities it? The use of outer space for military purposes is referred to as space militarization and space weaponisation. Satellites has been used in Gulf War, Kosovo War, and Afghan War, recently, and research and development on space weapons are under way. Since only the placement of weapons of mass destruction on orbit around the earth is prohibited in accordance with 1967 Outer Space Treaty, it may be asked whether other weapons may be placed on orbit. It will be necessary to analyze the stance of on the above question, by studying UN space-related treaties including UN Charter. New international space norms represented by PPWT, ICoC, and UN GGE Report are at the center of progressive development of international law. In conclusion, the author will signpost the various points on international norms to be codified on the use of outer space for military purposes.

• The Korean Journal of Air & Space Law and Policy
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• v.25 no.1
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• pp.237-259
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• 2010

This paper first gives a brief overview of the history of space law making in the international geopolitical context and recalls some of the main principles as elaborated in the framework of the United Nations. Next, several topics are discussed that will require the attention of space lawyers in the near future. They are the International Space Station, space debris, exploitation of space resources, space tourism, private property rights in space, and militarization and weaponization of space. The paper raises some questions in each of these areas that need to be addressed and concludes that the general legal framework for space activities under public international law as contained in the UN treaties is in place, and is sufficiently general and flexible to enable and encourage states to carry out space activities in an orderly manner. However, as demonstrated by the examples discussed in the paper, the time has come for the international community to agree on the further development of these general principles, starting perhaps with space debris, imminent 'new' uses of space such as space tourism, or some of the 'age old' issues such as the weaponisation of outer space that will continue to require our attention and vigilance. Whether such rules can be in the form of non binding guidelines, codes of conduct and the like, or should be embodied in solid legal instruments creating rights and obligations remains to be seen.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.1
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• pp.273-302
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• 2015

The term "peaceful uses of outer space" in the 1967 Outer Space Treaty appears in official government statements and multilateral outer space related treaties. However, the examination of the state practice leads to the conclusion that this term is still without an authoritative definition. As far as the meaning of 'peaceful use' in international law is concerned the same phrases in the UN Charter, the 1963 Treaty of Banning Nuclear Weapons Tests in the Atmosphere in Outer Space and Under Water, the 1956 Statute of IAEA, the 1959 Antarctic Treaty, the 1982 UN Convention on the Law of the Sea, the 1968 Nuclear Non-Proliferation Treaty and the 1972 United Nations Conference of the Human Environment were analysed As far as the meaning of 'peaceful uses of outer space' is concerned the same phrases the 1967 Outer Space Treaty, the 1979 Moon Treaty and the 1977 Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques(ENMOD) were studied. According to Article IV of the 1967 Outer Space treaty, states shall not place in orbit around the earth any objects carrying nuclear weapons or any other kind of weapons of mass destruction, install such weapons on celestial bodies, or station such weapons in outer space in any other manner. The 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies repeats in Article III much of the Outer Space Treaty. This article prohibits the threat or use of force or any other hostile act on the moon and the use of the moon to commit such an act in relation to the earth or to space objects. This adds IN principle nothing to the provisions of the Outer Space Treaty relating to military space activities. The 1977 ENMOD refers to peaceful purposes in the preamble and in Article III. As far as the UN Resolutions are concerned, the 1963 Declaration of Legal Principles Governing the Activities of States in the Exp1oration and Use of Outer Space, the 1992 Principles Relevant to the Use of Nuclear Power Sources in Outer Space(NPS) were studied. And as far the Soft Laws are concerned the 2008 Draft Treaty on the Prevention of the Placement of Weapon in Outer Space and of the Threat or Use of Force against Outer Space Objects(PPWT), the 2002 Hague Code of Conduct against Ballistic Missile Prolifiration(HCoC) and 2012 Draft International Code of Conduct for Outer Space Activities(ICoC) were studied.