INTERNATIONAL SECURITY AND OUTER SPACE – TODAY’S LAW CHALLENGES

Abstract

Space security means safe and permanent access to space and limiting threats coming from there. This definition also includes the security aspects of man-made devices sent into space and of ground stations. Space infrastructure can be described as a network of space and ground systems connected by communication channels and allowing access to space. Today, the largest space powers have begun to consider space as an operational domain of warfare. Space more and more often appears to be a field for competition, which might become an arena of conflict. The aim of this article is to present today’s many law challenges to the security of space infrastructure, such as unintentional threats (space debris, geomagnetic and solar storms, and other random disturbances), intentional threats (ASAT anti-satellite weapons, malicious interference, and cyber-attacks), the growing problems of Earth orbit congestion, and the increasing amount of space debris from devices launched into space. The article also presents the role of international organizations (such as the UN Committee on the Peaceful Uses of Outer space) in making laws that are intended to observe and react to all changes necessary in the outer space environment and to be proactive to help outer space to be safe and secure for all mankind. The conclusion is, however, not optimistic. Space security is a sensitive issue, mainly during conflicts or wars. States are not inclined to bind themselves by international law in this matter. Thus, due to the absence of hard international law (treaties), bilateral and multilateral agreements as well as the best practices from countries that organize space flights must apply. Space monitoring systems, such as the Situational Awareness System (SSA), the code of conduct in space, the UN Long Term Sustainability, or the space Traffic Management rules are legal tools to manage the above challenges in space today.