• The Korean Journal of Air & Space Law and Policy
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• v.27 no.2
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• pp.211-241
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• 2012

The Draft International Code of Conduct for Outer Space Activities officially proposed by the European Union on the occasion of the 55th Session of the United Nations Peaceful Uses of the Outer Space last June 2012 in Vienna, Austria is to fill the lacunae of the relevant norms to be applied to the human activities in the outer space and thus has the merit our attention. The missing elements of the norms span from the prohibition of an arms race, safety and security of the space objects including the measures to reduce the space debris to the exchange of information of space activities among space-faring nations. The EU's initiatives, when implemented, cover or will eventually prepare for the forum to deal with such issues of interests of the international community. The EU's initiatives begun at the end of 2008 included the unofficial contacts with major space powers including in particular the USA of which position is believed to have been reflected in the Draft with the aim to have it adopted in 2013. Although the Code is made up of soft law rather than hard law for the subscribing countries, the USA seems to be afraid of the eventuality whereby its strategic advantages in the outer space will be affected by the prohibiting norms, possibly to be pursued by the Code from its current non-binding character, of placing weapons in the outer space. It is with this trepidation that the USA has been opposing to the adoption of the United Nations Assembly Resolutions on the prevention of an arms race in the outer space (PAROS) and in the same context to the setting-up of a working group on the arms race in the outer space in the frame of the Conference on Disarmament. China and Russia who together put forward a draft Treaty on Prevention of the Placement of Weapons in Outer Space and of the Threat or Use of Force against Outer Space Objects (PPWT) in 2008 would not feel comfortable either because the EU initiatives will steal the lime light. Consequently their reactions are understandably passive towards the Draft Code while the reaction of the USA to the PPWT was a clear cut "No". With the above background, the future of the EU Code is uncertain. Nevertheless, the purpose of the Code to reduce the space debris, to allow exchange of the information on the space activities, and to protect the space objects through safety and security, all to maximize the principle of the peaceful use and exploration of the outer space is the laudable efforts on the part of EU. When the detailed negotiations will be held, some problems including the cost to be incurred by setting up an office for the clerical works could be discussed for both efficient and economic mechanism. For example, the new clerical works envisaged in the Draft Code could be discharged by the current UN OOSA (Office for Outer Space Affairs) with minimal additional resources. The EU's initiatives are another meaningful contribution following one due to it in adopting the Kyoto Protocol of 1997 to the UNFCCC (UN Framework Convention on the Climate Change) and deserve the praise from the thoughtful international community.

• The Korean Journal of Air & Space Law and Policy
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• v.33 no.1
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• pp.261-284
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• 2018

The current international legal system does not provide a safeguard against the militarization and the weaponization of outer space. Although the term "peaceful use of outer space" in the 1967 Outer Space Treaty(OST) appears in official government statements or in multilateral space treaties, it is still without an authoritative definition in reviewing national practices. The ambiguous ban on weapons in Article IV of the OST allows countries to loophole on the deployment of other weapons other than nuclear weapons. Meanwhile "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)" to Conference on Disarmament (CD) commissioned by the UN General Assembly's Special Session jointly submitted by China and Russia in 2008 and later revised in 2014, attempting to define and prohibit the proliferation of weapons in outer space and provided definitions of prohibited weapons, are opposed by the US on the grounds that currently there is no arms race in outer space. Some experts support a hard law approach in which binding laws aimed at ultimately creating integrated and binding legal instruments in all aspects of the use of outer space should be adopted to regulate the military use of space. However as a temporary measure the soft law guidelines should be developed for the non liquiet, a situation where there is no applicable law. The soft law could be used to create support for the declaration of the treaties and to create international customary law. For example, the 1963 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space that regulates the activities of the state in the exploration and use of the universe, and the 1992 Principles Relevant to the Use of Nuclear Power Sources in Outer Space will illustrated. While substantial portions of the former was codified later in the 1967 OST, the latter which, although written in somewhat mandatory terms, have been consistently complied with by states, have arguably become part of customary international law. On November 12, 1974, the General Assembly reaffirmed that the development of international law may be reflected inter alia, by declarations and resolutions of the General Assembly which may to that extent be taken into consideration by the International Court of Justice.

• The Korean Journal of Air & Space Law and Policy
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• v.26 no.2
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• pp.203-237
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• 2011

Since USSR successfully launched its satellite "Sputnik"in 1957, many countries including US and USSR began military use of space, and engaged in arms race in space, which is against spirit and ideals of peaceful use of space as common heritage of mankind stipulated in many treaties such as Outer Space Treaty. With worsening Cold War between East and Western Bloc, this military use of space and arms race in space has been intensifying. Regarding the ideals of peaceful use of space, it is interpreted that military use of space is possible unless it does not have the purpose of aggression. The military use of space may have diverse forms such as attacking satellites in space, or attacking from satellites, making use of present and future technologies available which should include the use of nuclear and kinetic/hyper-speed weapons, laser, particle beams, near explosion, disturbance weapons in different directions (i.e., surface to space, space to space, and space to surface). Arms control is being implemented by the efforts of many countries in different formalities including legislature of international treaties under the auspices of UNCOPUOS and prohibition of weapons of mass destruction. Taking outstanding examples aiming at arms control by international community, there are confidence building measures (CBM), strengthening implementation of existing treaties, partial ban of nuclear tests, countryand regional approach, comprehensive approach and measures having legally binding force. While U.S. has surpassed other countries concerned in the area of military useof space, it withdrew from OST in early 2000s, thereby raising concern of international community. It requires concerted efforts of cooperationand implementation by international society to make sure peace of mankind and environmental conservation through arms control in space. Observing de facto possession of nuclear weapons by North Korea following series of nuclear tests and launching satellites, and efforts of launching rockets by South Korea, it is strongly needed for both countries to take part in arms control efforts by international community.