War and space law provisions
- Paper number
IAC-06-E6.4.06
- Author
Mrs. Maria Mercedes Esquivel de Cocca, Argentina
- Year
2006
- Abstract
The utilization of outer space and celestial bodies with peaceful purposes, established in Art. IV of the Outer Space Treaty was matter of discussion since the moment it entered into force. Activities that must be banned in outer space and celestial bodies should be defined rather than enumerated, that may have been the technical legal failure of this provision. A concise text –broader enough to encompass new activities but with adequate precision not give place to discussions– is needed. If peace is to be understood as the harmonic coexistence among peoples, any activity that could jeopardize this harmony, infringes the principle of utilization of outer space with peaceful purposes. Another aspect of this question is referred to the concepts of security, defense and safety which are very often linked to peace. International law allows activities, with defense or security aims, based upon the principle of sovereignty of states. But the exercise of sovereignty was renounced by states in the prementioned Treaty. Therefore, the concepts of defense and security must be analyzed through the space law spirit, bearing in mind that not all activity destined to protect defense or security is unpeaceful. I establish the general criterion that enables us to determine if said acts are or not unpeaceful. A draft protocol to Art. IV of the Outer Space Treaty is added as synthesis and corollary of what here is expounded.
- Abstract document