PROSPECTS FOR THE DEMILITARIZATION OF OUTER SPACE: FROM 'SOFT REGULATION' TO 'HARD' TREATY MECHANISMS?

摘要

The 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies1 (Outer Space Treaty), establishes the obligation of its parties to carry out space activities in the interests of maintaining international peace and security and promoting international cooperation and understanding. It does not, however, prohibit military activities in outer space, if it is not contrary to the Charter of the United Nations (UN). The Outer Space Treaty establishes a regime for the partial demilitarization of outer space, prohibiting: any objects with nuclear weapons or any other weapons of mass destruction from being placed in orbit around the Earth; the placement of such weapons on celestial bodies; and the stationing of such weapons in outer space in any other way. At the same time, the Moon and other celestial bodies are fully demilitarized. Since the adoption of the Outer Space Treaty, there have been many attempts to limit the military use of space by concluding additional international agreements. This was done even during the Cold War era when Great Power competition between the United States and the Union of Soviet Socialist Republics was at its height. In the modern era, efforts are being made to ensure the demilitarization of outer space via the drafting and conclusion of a special international treaty. Unfortunately, these efforts at international treaty-making have, thus far, been unsuccessful. This has led proponents of demilitarization to seek to achieve their goals in other ways: by putting forward new or alternative initiatives, developing and adopting acts of "soft law" and encouraging the passage of resolutions in the United Nations General Assembly, regional international organizations and the like. The expert community offers the doctrinal model parameters for the implementation of military activities in outer space. In the context of the multi-vector development of regulators restricting military activities in space the question arises about the prospects for strengthening the regime of its demilitarization in the near future.