Contemporary - A Doctrine of Self-defence in Outer Space Law
- Paper number
IAC-06-E6.4.03
- Author
Prof. S. Bhatt, International Institute of Space Law, India
- Year
2006
- Abstract
This paper will examine and analyse the contemporary doctrine of self-defence contained in UN Charts Article 51 as in applicable in airspace law of Chicago Convention 1944 and outer space law especially in Outer Space Treaty of 1967. The 9/11 terrorist attack in New York Trade Tower in 2001 has had a profound impact on the security systems of Nation-States would over. It has transformed world order towards a new responsibility and global consciousness. The impact on UN Charts, OST, Chicago Convention of 1944 is worth global attention of scholars and decision matters. Article 51 of UN Charts authorizes use of force by a State against an armed attack only. The use of force is forbidden against a civil aircraft as stated in Chicago convention. Outer Space so far has been free from armed conflict. The ICAO amended the Chicago Convention in Article 36 is to avoid the use of force. The United States has announced a new doctrine of pre-emptive strike against a potential enemy State. In today’s context, even India has said that it will shoot down civil aircraft if hijacked by terrorist if it is likely to cause treat damage to civil population, There is need for international cooperation to evolve a common consensus of global collective self-defence against terrorists and states who promote terrorism. As far as national security is concerned, it has no barriers of geography. The Earth-space is one area for national defence. Therefore there is greater need for international cooperation for collective self-defence to save the nation-states and the planet earth already beset from problems of global environments deterioration and natural disasters like Tsunami, Katrina and the earthquakes etc.
- Abstract document
- Manuscript document
IAC-06-E6.4.03.pdf (🔒 authorized access only).
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