What are the loopholes in the outer space treaty?

This is difficult because there may be a loophole in the Outer Space Treaty. At the time the treaty was negotiated, no one thought of private companies or wealthy individuals launching into outer space. Therefore, the treaty says little about what private citizens and companies can and cannot do in outer space. All signatories of OST must review and modernize the treaty.

While the TMB has been a useful tool in ensuring safe and secure access to outer space, the development of antispace capabilities, including electronic and cyber warfare measures, is a major threat that needs to be addressed. Antispace capabilities are weapons that can destroy space objects or disrupt and interfere with space-based services through kinetic physical attacks or electronic and cybernetic means. There are currently no effective regulations against them, as the OST only prohibits weapons of mass destruction (WMD) in outer space. Some states are beginning to dangerously interpret the TMB as meaning that “non-WMD weapons in space do not violate international law.

Although customary international law could still be used to make the placement of weapons in outer space illegal, some states are likely to exploit the legal loopholes of TSOs. The achievement of consensus among the major Powers has remained the greatest obstacle to the creation of an effective outer space regime, which means that the functioning of the Conference on Disarmament will continue to suffer unless countries, in particular the major Powers, can sufficiently resolve their differences. Despite the failure of the last UNGGE on the prevention of an arms race in outer space, it is necessary to continue these efforts. The Treaty is largely based on the Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space, which was adopted by the General Assembly in its resolution 1962 (XVIII) in 1963, but added some new provisions.

The alternative is that countries can no longer consider outer space as a global common good, a scenario in which everyone loses. It ended very quickly and was a struggle between the socialist principles of the Russians who maintain space, common property and the U. States could also consider creating an institution inspired by the International Civil Aviation Organization, given the importance of space traffic management in the management of outer space affairs. These activities should be regulated to ensure the safe and sustainable use of outer space for all.

Although countries such as Australia, Canada, Japan, the United Arab Emirates and the United Kingdom have joined, space powers such as China, India and Russia have not. Elvis spoke to the Gazette about his recent article on the subject, co-authored with Tony Milligan of King's College London and Alanna Krolikowski, former Fairbank Center Fellow now at Georg-August University in Göttingen, and published in Space Policy magazine. The code, for example, recommended avoiding actions that would create durable space debris and called on States to take measures to avoid collisions and to participate in high-risk pre-launch and re-entry notifications. Two opposing perspectives on global governance in outer space prevail: one that believes that legal measures are necessary to resolve the problems facing the current space regime, and another that argues that, given the contemporary political climate, traditional CBMs are the most practical objective.

If this impasse continues to block new multilateral agreements, countries will be forced to rely on deterrence to protect their assets in outer space. Other places, such as the United Nations First Committee and the United Nations Disarmament Commission, are too large and difficult to manage to negotiate, while places such as the United Nations Committee on the Peaceful Uses of Outer Space do not have a mandate to discuss issues of military space. The Conference on Disarmament is the multilateral body in Geneva responsible for international negotiations on arms control, including outer space. This could take the form of an UNGGE that develops legally binding confidence-building mechanisms that include new codes of conduct in outer space.

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