Military Application and Space Law
- Paper number
IAC-06-E6.4.04
- Author
Prof. Gabriella Catalano Sgrosso, University of Rome "La Sapienza", Italy
- Year
2006
- Abstract
MILITARY APPLICATIONS AND SPACE LAW by prof. Gabriella Catalano Sgrosso University of Rome Italy ABSTRACT The conflicts which recently took place (The Gulf War, the War in Kosovo and in Iraq) show how space has been used to a much further extent than before, for military operations purposes, as preparation and planning, as well as execution. These operations have the peculiar feature of being able to guarantee a continuous exchange of data and information between weapon devices, due to state-of-the-art technology, as: satellite-driven smart weapons to strike military targets, AWACS (Airborne Warning Control System) and JSTARS (Joint Surveillance and Targeting Radar System) systems. Technological progress changes human perception of space and distance, so it subsequently modifies the relationship between war and space. This paper aims at analyzing the effects of technological progress on the relationship between war and Space within the legal context of European Union’s and United Nations’ current regulations. The first part of the paper analyzes Space militarization and its limits, set by States for prevention reasons, to safeguard Outer Space, seen as development and knowledge resource. The second part analyzes States’ security and defense concepts, one of which is the Strategic Defense Initiative –SDI - or Space Shield, and another one is the Russian Defense Initiative – SSDP. On the other hand, stressing the two Powers’ commitment to limit offensive weapons’ development and use in Outer Space, is essential; these agreements on weapon limitation include weapon control, as SALT I and II, the Limited Test Ban Treaty, the Non Proliferation Treaty and START I and II for nuclear weapon reduction. The third part of the paper focuses on the European Union’s concern on the growing militarization of Space, which leads to the drafting of the “Green Book”; through this project, the European Commission and the European Space Agency put up questions on Europe’s future space power and develop an action plan, the “White Book”. The realization of GALILEO, Europe’s current effort, planned for civil purposes, is already embedded in problems regarding its possible use for military and security reasons. The EU – ESA environment and security monitoring project, the Global Monitoring for Environment and Security (GNES), is under examination. States are currently considering using remote sensing satellites for both civil and military purposes, (dual use); remote sensing satellites provide high quality services and relevant economic benefits. On the matter, European HELIOS satellite and Cosmo Sky-Med project must be mentioned. They strengthen even further the legality of military remote sensing satellites, which are also used to monitor military agreements’ compliance. The research will be carried out on the basis of the current space regulations, which up to date set the total demilitarization of the Moon and of other celestial bodies, while the demilitarization of Outer Space is set only partially; but we must keep in mind that banning any use of Outer Space for dangerous and offensive purposes, as well as for any purpose which could be harmful for resources and Heritage of Mankind, is the basic principle of the current space regulations.
- Abstract document
- Manuscript document
IAC-06-E6.4.04.pdf (🔒 authorized access only).
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