Adaptation to Space Debris Mitigation Guidelines and Space Law

Space exploration is a mechanism whereby, with the use of astronomy and space technology, humans are able to explore outer space and the universe at large. In this article, the authors address space debris issues with a discussion of future space law issues along with a brief elaboration of how the adaptation took place for space debris mitigation guidelines. The history of space law formulated during the United Nations’ General Assembly is justified, along with the resolutions that took place throughout recent years. The authors also elaborate on the importance of theoretical modeling and how it could be adopted into practice utilizing the established debris mitigation guidelines. Legal and political constraints are also highlighted, along with where the future focus on legal factors should be when considering space debris mitigation.     

Legal Issues of Satellite Telecommunications,The Geostationary Orbit,and Space Debris

Satellites are the best means for a rapid expansion of telecommunications services nationally and globally. However, the level of that expansion is greatly determined by the availability of the two indispensable tools for satellites, which are orbital positions and radio frequencies. Growing demand for geostationary orbital (GEO) slots and radio frequencies by a rapidly increasing number of commercial satellite operators and expanding dependence on satellites for military purposes give rise to shortage of slots and spectrum to allocate as well as an increase in satellite interference. Concurrently, increasing space activities and anti-satellite (ASAT) tests are generating man-made space pollution, particularly space debris, and consequently are making the use of outer space more expensive and dangerous. The problems shortage of appropriate orbital positions, satellite interference and space debris are serious. Unless resolved in a timely fashion, they would pose significant barriers and dangers to all (civilian, commercial and military) satellites and could result in denial of access to space in practice by all states. This paper first describes the current situation of shortage of GEO positions and increase in satellite interference. Secondly, current international regulatory regime governing the access to and use of these tools has been analyzed with a view to highlight the weaknesses therein. Thirdly, the problem of space debris is discussed with a view to show how difficult it is becoming to carry on space operations and how important and urgent it is to have an appropriate legal regime in place. Finally, a few recommendations are made emphasizing the need for international cooperation in order to strengthen the international regulatory regime so that the required telecommunication services remain readily available to all and outer space remain pollution-free environment to be used for and by all states.     

Binding: a resource for exploring interpersonal meaning in three-dimensional space

This paper takes an in-depth look at Binding, a recently theorised resource for analysing interpersonal meaning in three-dimensional space. Binding is concerned with the dialectic between affect and space. Extremes of Binding can evoke claustrophobic and agoraphobic responses to space, whereas median choices produce comfort zones of security or freedom. In considering how security and insecurity are experienced in the spatial realm, the paper also compares Binding with the resources language has for expressing similar meanings. While the examples used in this paper are drawn from the domestic sphere, Binding is relevant to spaces across an endless range of fields – the natural environment, schools, workplaces, retail sites, hospitals, museums – as well as virtual and literary spaces. It can be used to inform the design and analysis of all three-dimensional space – natural or built.     

Workshop Review: Export Controls of Space Systems

Experts from U.S. government agencies that administer export controls of space systems and representatives from non-governmental organizations and think tanks were invited in December 2014 to participate in an invitation-only workshop co-hosted by the Secure World Foundation and Astroconsulting International to discuss export controls with a delegation of industry representatives from The Society of Japanese Aerospace Companies. The underlying question when working on export controls is, with the increased access to space and burgeoning role of the private sector in space, how do you regulate this and encourage industry without harming national security? It is difficult to do this while supporting the space industrial base, as export control is perceived as a necessary part of shoring U.S. national security and assuring a stable and predictable space environment. A serious challenge is determining which technologies should be controlled: where do you draw the line? This is particularly the case for space technologies, many of which are dual-use. Countries also have to be careful of unintended consequences. Export control restrictions are extremely challenging to get “just right” and, as a result, should be undertaken only after a considerable amount of discussion with all stakeholders, including input from industry, and when the government has a solid understanding of what it is trying to accomplish via export control protections. Otherwise, the domestic industry can unduly suffer with very little benefit to national security.     

Military Space Cooperation: Aligning the Balance of Power and Building Common Interest

The strengthening of alliances through cooperative military activities is a long-established tradition for land, sea and air forces. With the rise of spacepower over the last 50 years, and the growing number of spacefaring and space-using nations, military space programs provide new opportunities for military-to-military cooperation. Military space programs often represent the most technical and secretive of capabilities and there may be risks in sharing the inner workings of these capabilities, even with trusted allies. Is there a way to share the benefits of these strategically and tactically important capabilities in a manner that enhances the peace, justice and security of all stakeholders? Many nations around the world are answering ‘yes’ to this question as they enter into agreements on cooperative space projects for commercial, environmental and military security. More and more they are using their space programs to realign the old balance of power and create new common interests. As the number of spacefaring nations increase and the number of space users grow around the globe, the traditional space powers, such as the United States, need to reconsider how to integrate military space cooperation in their strategies of strengthening alliances and building common interest.     

Space Debris Mitigation and Prevention: How to Build a Stronger International Regime

The international regime of space activities could be significantly strengthened by a universal adoption of space debris mitigation guidelines and by a legal recognition of the existence of space debris. The distinction between spacecraft of value and debris of no value is highly important. Also the practice of registering space objects with the United Nations should be strengthened by making the register complete and up to date. If a correlation is established between space objects, registered by the UN, space radio stations, and the International Telecommunication Union, then the problem of so called paper satellites would be better understood and possibly alleviated.     

Enhancing Space Security by Improving Stakeholder Cooperation

Improving security in space requires the establishment of a consensus among actors on what it means to be safe in space, what kinds of activities should be allowed, and what activities should be prohibited. However, a necessary precursor to the emergence of such consensus is enhanced cooperation among space stakeholders. As of today, leading space actors are moving in often contradictory directions. In addition, the various sectors of the space community—industry, defense, science and manned space—tend to operate in isolation from each other. While there is a recognition of the need for improved cooperation in space, this can be achieved only if actors are made more aware of activities in other sectors that affect (or might affect) them and can craft mutually acceptable solutions with other actors. More efforts are needed to educate space stakeholders across sectors in this regard. By better understanding how the activities of all space actors are inter–related, the international community should be in a position to develop a more integrated concept of space security.     

Space Sustainability and the Freedom of Outer Space

The concept of sustainable development states that every nation is free to determine how to meet its own needs and accrue its own benefits as long as it does not prejudice the ability of future generations to do the same. This end is challenging in the space domain as the existing emphasis on national concerns obscures the larger issues of international structural inequalities—lack of access, barriers to capacity building and technology absorption—while simultaneously magnifying issues related to market protectionism, which are then disguised as security issues. This article makes the claim that it is possible to correct this distortion while safeguarding the focus on global issues, such as space sustainability. While the concept of space sustainability is understood differently depending on the forum for discussion, it is clear that the dominant understanding coincides with the logic for space cooperation as “Governance for Global Security,” and this focuses more on the needs of the present space actors. Analytical tools designed with the “Cosmopolitan Approaches to International Law” express forms of cooperation that produce reciprocal obligations to enable all participants, both present and aspirant, in space exploration and use.     

Critique of the International Law on Protection of the Outer Space Environment

Environmental concerns are an issue for the outer space legal regime. Human activities result in insurmountable amounts of debris, chemical effluents, and radioactive waste carried into the domain of space, which poses a serious threat to future generations and uses of space. Sophisticated technology and the amount of funds required to access space complicate the task of addressing orbital debris. To correct this anomaly, regulation of space activities with a view to making them environmentally sustainable is called for in this article. With this aim in mind, I critically analyze the existing international legal framework, examining its relevance in conserving the space environment. Discovering a slew of irregularities, I endeavor to review each legal instrument in the context of environmental conservation and evaluate their effectiveness. I conclude that the outer space legal regime is acutely ineffectual and reforms are an imperative. The research reveals a plethora of suggestions, which include, inter alia, amendment to Article IX of the Outer Space Treaty, harmonization of international environmental law and space law, and the establishment of an international regime for the removal, maintenance, and servicing of satellites. With such proposals in mind, the need to frame a new space policy or modify the existing framework is emphasized herein.     

Viewpoint: The Evolution of Access to Space as an Idea and Technology

The focus of this paper is on the evolution of access to space from its beginnings as an idea to its implementation as a usable technology. This evolution takes place through the policy process that encompasses agenda setting, formulation, implementation and change. Agenda-setting is where the idea for access to space emerges. Formulation concerns the concepts and policies that then allow for implementation of launch vehicle technology. Implementation generates specific outcomes. These outcomes are initially characterized by rapid technological innovation followed by a steady state of development. The path of development is one of how access to space became wedded to national security. Changes occur as commerce and economics begin to play a role in access to space. The policy process evolves through the actions of the pertinent actors. An examination of the ways in which these pertinent actors interpreted, formulated and implemented the idea and technology of access to space is discussed. The interactions among actors take place on the basis of political, organizational and technical decisions that actors make in regard to access to space.     

Viewpoint: Bureaucratic Politics and the Case of Satellite Export Controls

The export control regime applied to commercial satellites in the United States (U.S.) is not rational suggesting that the desired policy outcome of this regime is not met. The regime under review is the International Traffic in Arms Regulations. Commercially available technologies were placed within this regime to make sure that such technologies do not harm U.S. national security interests. It is argued in this viewpoint that not only does this regime weaken national security, but it also affects commercial space. The commercial space sector is affected through a cost of compliance with the regime. Discussed herein is the political process of export control and commercial satellites with particular attention to how that process is influenced by bureaucratic politics.     

Smaller State Perspectives on the Future of Space Governance

Current debates over impending developments in military and civilian uses of space raise deeper questions of how the expanding human presence in space over the next century might unfold. Appreciating the full range of challenges and opportunities posed by this uncertain future requires exploring all scenarios and perspectives comprehensively. As a contribution to such analysis, this article draws insights from the outlooks of smaller states toward national and global space priorities. The first two sections summarize and contrast United States and Canadian policy trajectories and dispositions in their respective space programs. The third section assesses how differences in smaller state perspectives can contribute to developing an analytically rigorous concept of space power. The fourth section then examines how juxtaposing alternative scenarios for the long-term development of human space presence, consistent with power-based theory, offers a stronger foundation for explaining and assessing current conditions than does making limiting assumptions of inevitable future trajectories. The article concludes that more inclusive analysis of serious future possibilities also enables more complete assessment of current space security challenges.     

What ‘Space Security’ Means to an Emerging Space Power

The term ‘security’ connotes in a comprehensive sense ‘human security’. Space, by virtue of its inherent characteristics, contributes significantly to different aspects of security – be it for food, education, water, health, environment, energy or defense. The term ‘spacepower’ is used normally with the meaning of ‘might’. However, here it is appropriate to describe it as the demonstrated ability to use the power of space for human welfare. India, in the last 40 years, has conceived, demonstrated, nurtured and put to use the tremendous power of space in various forms for the benefit of human beings, society and country. With the contribution made by space to the sustainable developmental process, there are many more emerging applications in the horizon. Hence there is a continuous need to innovate through advances in technology and applications. When such societal commitments are made with space infrastructure, the main security concern is to maintain continuity of services without any impediment and interference.     

Space and Security: The Emerging Role of Europe

Space systems have grown increasingly integral to the United States' national security in the post-Cold War era. The diplomatic and military leverage that space capabilities can provide is not going unnoticed by other countries. Since the collapse of the USSR, the United States has enjoyed a near-absolute dominance in space activities. Only the civilian European space program has mounted any sort of technical challenge to the United States, with little interest devoted to space military activities, but the period of US hegemony in the space military domain might come to an end. In recent years the European Union (EU) and its member states have taken numerous steps towards designing and assembling a Common Foreign and Security Policy and a coherent European Security and Defence Policy. Furthermore, several important steps toward linking security needs and space capabilities have been taken by the tandem European Union–European Space Agency and other relevant institutions. Space is now seen as an essential asset for European integration and for non-dependence in the current geo-strategic context, since space-based systems and derived information can bring necessary capabilities for autonomous decision making. The development of an integrated European space capability for security is at an early stage, but it is an ongoing process presenting some opportunities to enhance European independence and security.     

Space and Diplomacy: A New Tool for Leverage

This essay investigates how United States space systems can be used to directly achieve diplomatic objectives. While space systems are widely acknowledged as vital enablers of terrestrial-based forces, they are often overlooked as a critical component of national power capable of directly pursuing national objectives. The essay presents the Space-Diplomacy model that posits seven facets to the diplomatic power of space assets and shows when they can be effective over the spectrum of conflict: prestige, technology partnerships, access to space services, legal precedent, objective information, presence, and threat of punishment. Therefore, it is in the U.S. national interest to…use the nation's potential in space to support its domestic, economic, diplomatic and national security objectives. Report of the Space Commission During the three decades after World War II ended, on the average, U.S. armed forces were used as a political instrument once every other month. Barry M. Blechman and Stephen S. Kaplan     

Track 1/Track 2 symbiosis in Asia-Pacific regionalism

Abstract

This paper addresses the question of how Track 2 international policy networks contribute to economic security. If we accept a neoclassical economic interpretation that economic security is best achieved by trade and capital liberalization, then Track 2, or non-formal research and policy networks, are able to help enhance economic security by providing Track 1 or the formal, inter-governmental organizations with novel ideas and approaches on how best to advance regional economic liberalization. As well as providing institutional memories for regional cooperation, Track 2 networks also serve as test-beds for new ideas in emerging issue areas. This was clear in the aftermath of the Asian financial crisis when a number of Track 2 networks grappled with the inter-linkages between economics and security as well as provided expertise on how states can best cope with globalised financial markets and the free flow of capital. By discussing each of the Track 2 networks and how they respectively interact with Track 1 processes, the paper provides a detailed account of the regional governance architecture in the Asia-Pacific region more broadly, and its contribution to economic security.     

U.S.-India Space Partnership: The Jewel in the Crown

The new strategic partnership between the United States and India is creating opportunities for security cooperation. A key element in this partnership—U.S.-India space cooperation—will most likely become the defining relationship for international space cooperation around which other space-faring nations will posture. The Indian space program is rapidly developing world-class capabilities and presents itself as a worthy partner. The U.S. space program should be able to provide innovative ideas for fruitful collaboration. Despite these propitious circumstances, there are potential obstacles of cost, security, and risk. The biggest obstacle, however, might simply be bureaucratic intransigence and inertia. The opportunity is here, now, for the United States and India each to add an important new jewel to their crown of international space cooperation activities. Most importantly, this new space partnership should enhance the security and prosperity of the United States, India, and the world.     

Ballistic Missiles and Space Launch Vehicles in Regional Powers

International security concerns about ballistic missile proliferation have frequently highlighted the links between ballistic missiles and space launch vehicles. This article examines the extent of these links through a comprehensive survey of ballistic missile and space rocket programs in regional powers. It notes that missiles were derived from existing space launchers in just a small fraction of these cases. In a slightly greater fraction, space launchers were drawn from existing missile programs. This analysis suggests that though security concerns about space launchers being used as ballistic missiles are valid, the reverse trend, that of ballistic missiles being used as space launch vehicles, cannot be ignored. At the same time, as long as regional powers are limited to short-range and medium-range systems, their missile and space projects would only raise limited missile proliferation and space security concerns.     

U.S. Initiative to Place Weapons in Space: The Catalyst for a Space-Based Arms Race with China and Russia

The United States must ensure sustainability and stability in space by protecting its satellites to safeguard national security and economic vitality. Concerns for obtaining this security are mounting, as U.S. satellites are increasingly vulnerable to developing threats from adversaries. This article proposes that the United States will eventually initiate the weaponization of space to defend its space systems and supporting infrastructure. The consequence for such an initiative will manifest a pronounced counteraction from China and Russia, the key spacefaring adversaries of the United States. Such a counteraction will consist of a space-based arms race, as each nation will jockey to position itself as the dominant power in space.