Space law and the jus ad bellum: relevance of the notions of aggression and selfdefence in outer space

Paper number

IAC-15,E7,2,5,x30733

Author

Mr. Julien Mariez, Centre National d'Etudes Spatiales (CNES), France

Year

2015

Abstract

Although law related to outer space is often designated by "space law", it is, as a set 
of norms defined in international treaties adopted in the frame of the United Nations,
an  integral  part  of  public  international  law.  Therefore,  it  is  not doubtful  that  space 
activities are not only regulated by the treaties explicitly applicable to outer space but 
also by the whole set of legal instruments adopted within the UN, i.e. the UN Charter, 
other treaties, General Assembly resolutions as well as customary law.
Public international law related to the jus ad bellum applies in particular to activities 
that  take  place,  fully  or  partly,  in  outer  space.  This  article  aims  at  examining  in 
particular in what extent two of the core notions of the jus ad bellum, i.e. the notion of 
aggression  and  the  notion  of  self-defence, may  be  applied in  the  frame  of space 
activities. 
The definition of aggression has been addressed by UN General Assembly Resolution 
3314 (XXIX) but does not address space activities as such.
Self-defence has been foreseen by article 51 of the UN Charter but its modalities are 
still  mostly  defined  by  case-law  and  so far,  not  a  single  case  has concerned  space 
activities. 
Despite  the  lack  of  reference  to  space  activities  and  space  objects  in  the  legal 
instruments related to jus ad bellum and the lack of elements thereof in the decisions 
of the UN Security Council and the International Court of Justice, it is undeniable that 
any use of armed force against a space object, as well as any use of force performed 
by  a  space  object  whatever  its  target,  should  trigger  the  application  of  these 
instruments.  This  article  will  examine  on  the  one  hand  the  elements  justifying  the 
application  of jus  ad  bellum to  space  activities  and  space  objects  and  on  the  other 
hand will focus on the modalities of application of this legal framework, in particular 
self-defence, taking into account the unique environment, scientifically speaking, of 
outer space and the very particular technical nature of space activities.

Abstract document

IAC-15,E7,2,5,x30733.brief.pdf

Manuscript document

(absent)