A Study of the Norm of International Law on Space Militarization

• Main Authors: Jing, Yuan-Chou, 荊元宙
• Other Authors: Wang, Kuan-Hsiung
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/55931855864283648104

博士 === 國立臺灣師範大學 === 政治學研究所 === 102 === The launch of the first man-made satellite by the former Soviet Union in 1957, set in motion the space race between the Soviet Union and the USA and generated much debate over the strategic value of space, since then, space has come to be regarded by many as the fourth battlefield after land, sea and sky. Since the Persian Gulf War in 1991, space technology has been instrumental in determining victor, therefore, current strategic thinking has evolved into a focus on “information dominance” in the belief that “whoever has an advantage in the control of information will control the battlefield.” In relation to the “command of space” this same logic implies “who controls space will control the Earth”. In effect, space warfare is a new form of warfare arising directly from the militarization of space. The militarization of space would destroy peace in this arena which would be rather sad for mankind. As such, how best to avoid the militarization of space has become an important issue in international strategic and legal circles, even though global discussions on the issue have resembled something of a “dialogue of the deaf”. The root cause of this situation is that no country is willing to give up its interests in space. In point of fact, space is a public good and the UN has passed all manner of conventions and resolutions in an effort to prevent its militarization and the beginning of a space arms race. However, those agreements are either out-of-date or ambiguous and have little practical use in restricting militarization. To safeguard the right of each country to exploit space and guarantee the security of space assets, it is essential that the international community comes together to review the existing international legal system and revise or enact new international agreements. If the militarization of space proves unavoidable, a engagement rule for future conflicts in space will need to be made. In the foreseeable future, it is very likely that the international community will focus more on how to prevent the militarization of space and seek to introduce mechanisms designed to prevent such an outcome. This article will explore this issue and identify the shortcomings inherent in existing space law, while making proposals on how to develop a mechanism that might just be able to prevent the militarization of space.