IAC 2010: E7.3. Legal Aspects of Space Security

October 1, 2010 at 2:43 pm | Posted in Blogcast, Space Law | Leave a comment

by P.J. Blount with the blog faculty

E7.3. Legal Aspects of Space Security was the third session in the 53rd Colloquium on the Law of Outer Space. This Panel was chaired by Kai-Uwe Schrogl, European Space Policy Institute, and Ranjana Kaul, Dua Associates.

There were 7 papers presented:

Henry Hertzfeld, “Fault Liability for Third Party Damage in Space: Is Article IV(1)(b) of the Liability Convention Useful Today?”

Stefan Kaiser, “Space Security and Space Safety: Two Concepts to be Distinguished.”

Michel Bourbonniere, “The Clausewitz Nebulae: The Legitimacy of Military Activities in Outer Space During Armed Conflicts and Environmental Considerations.”

Yasuaki Hashimoto, “The Use of the Right of Self Defense in Outer Space – The Japanese Perspective.”

Fabio Tronchetti, “Developing a European-Chinese/Russian Approach to the Issue of the Non-Weaponization of Outer Space: A Feasible Goal.”

Marco Ferrazzani, “Preliminary Considerations on the European Preparatory Programme on Space Situational Awareness.”

P.J. Blount, “International Cooperation: The Key to Space Security.”

Hertzfeld and Blount both dealt with current international instruments in light of space security. Hertzfeld suggested reform of the third party liability regime as found in the Liability convention, whereas Blount argued that international cooperation obligations set forth in the Outer Space Treaty were the key to maintaining space as a secure environment.

Three of the papers dealt with use of force and weaponization issues. Bourbonniere’s presentation dealt with the concept of the use of force and its interaction with general space law concepts. Hashimoto discussed the idea of self defense in light of Japan’s new Basic Law on Outer Space. And Tronchetti examined the possibility of finding a middle ground between the European Union’s Draft Code of Conduct on Space Activities and the Chinese/Russian draft treaty on space weaponization.

Finally, two papers dealt with safety issues in space. Kaiser discussed why it was important to distinguish between the terms Space Safety and Space Security. Ferrazzani examined the legal implications of the EU plan to enhance it’s space situational awareness.