anti satellite missile testing- a challenge to article iv of the outer space treaty
- Paper number
IAC-08.E8.2.13
- Author
Mr. Kiran Mohan, National University of Juridical Sciences, Kolkata, India
- Coauthor
Mr. Sandeepa Bhat, India
- Coauthor
Mr. Abhyudaya Agarwal, India
- Year
2008
- Abstract
During the heights of Cold War, the research and development of anti satellite weapons (ASAT) were ardently pursued by the so-called superpowers, the USA and USSR. They were aware that a well-developed ASAT in their arsenal would give them a definite edge over the rival, both militarily and psychologically. The disintegration of USSR seemed to slow down the arms race in the outer space in the twentieth century, which is reflected in the subsequent declarations made by the USA and Russia. But in 2007, China demonstrated its ASAT capabilities by destroying its own redundant weather satellite with a modified ballistic missile to become the third nation to possess such breed of weapons. This test was widely perceived as China’s response to the doctrine of US space supremacy outlined in National Space Policy released in 2006 and as an attempt to bring US to the negotiation table. The recent US operation of disabling an out-of-control spy satellite is being criticized as a cover for testing its ASAT capabilities, and as a reply to the Chinese act. These coupled with the fact that many states, in the recent past, announced their dedicated programmes for the space based military activities, is definitely indicative of resumption of arms race for supremacy in the outer space, which jeopardizes international peace and security. Although Article IV of the Outer Space Treaty prohibits the deployment of nuclear weapons and any other kinds of weapons of mass destruction, owing to serious drafting faults and interpretative conundrums, ground-based Anti-Satellite Missiles are left out of its purview. The failure of the states to adopt an agreed definition of "peaceful uses", stipulated under Article IV, has left scope for attributing the colour of legitimacy to ASAT missile testing. This being the situation, the present paper ponders into the question of legality of testing and deployment of ASAT Missiles under the present legal framework. It highlights loopholes in Article IV of the OST, which aid states to transgress the barriers of international law. An exclusive treaty to control or prohibit anti satellite weapons is a far fetched dream given the non existence of such political will among concerned nations. This is evident from United States’ rejection of the proposal of Russia and China for a new treaty regarding this. Hence the authors propose to suggest plausible solutions to this quandary from within existing international legal framework.
- Abstract document
- Manuscript document
IAC-08.E8.2.13.pdf (🔒 authorized access only).
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