Decoding the International Code of Conduct for Outer Space Activities

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About the Book

Space technologies are critical to diverse human activities including communication, education, navigation, and remote sensing, meteorology disaster management and military. Naturally, keeping the space assets secure has become a major necessity for the states. Any damage to such assets would lead to excruciating consequences. In order to ensure safety and security of these assets it is important to establish a mechanism for international cooperation relating to the activities in exploration and use of outer space. For this purpose the European Union (EU) had floated an idea of a code of conduct for activities in outer space in 2008. Over the last four years some discussions and deliberations on the draft circulated by the EU had taken place and certain modifications in their proposals have been carried out and accordingly the draft has been modified.

Appreciating the universality of this subject the EU has put forth this draft as an International Code of Conduct for Outer Space Activities for multilateral negotiations. This book debates a range of issues in regard to this code and presents a diversity of views from experts representing various parts of the world. These discussions involve largely the geopolitical, technological and legal interpretations of this draft.

Contents

Foreword
About the Contributors
Introduction

PART I: DEBATE

1. Space Code of Conduct: Inadequate Mechanism
— Ajey Lele
2. Space Code of Conduct: Inadequate Mechanism—A Response
— Michael Krepon
3. Deliberating the Space Code of Conduct
— Ajey Lele

PART II: GENESIS

4. Europe’s Space Diplomacy Initiative: The International Code of Conduct
— Jana Robinson
5. Origins of and Rationale for a Space Code of Conduct
— Michael Krepon
6. Transparency and Confidence-Building Measures for Space Security
— Ram S. Jakhu
7. PPWT: An Overview
— Gunjan Singh

SPACE REGIMES

8. Space Treaty Mechanisms
— Munish Sharma
9. Outer Space: Multilateral Mechanisms
— Munish Sharma

PART III: GLOBAL OPINION

10. Is There a Need for a Code of Conduct for Outer Space Activities?
— Bhupendra Jasani
11. Space Code of Conduct: What is at Stake?
— Isabelle Sourbès-Verger
12. Treaty vs Resolution
— Armel Kerrest
13. Why States should Sign the Code of Conduct for Outer Space Activities
— Stefan A. Kaiser
14. Japan, Space Security and Code of Conduct
— Kazuto Suzuki
15. EU Code of Conduct on Activities in Outer Space: Issues that Matter
— Jessica Los Banos
16. Space Code of Conduct: Right Step Forward Although not Perfect
— Park Won-hwa
17. EU Draft Code of Conduct for Outer Space Activities: Space Debris and Liability Convention
— Doo Hwan Kim
18. Securing Space: Will Code of Conduct Discussions Help? A Perspective from Australia
— Brett Biddington
19. International Code of Conduct for Outer Space Activities: An Important Stepping Stone
— Cesar Jaramillo
20. Russian Approaches Towards Ensuring Security in Space
21. The Future of the International Code of Conduct for Outer Space Activities: From Mission Impossible to Mission
Sustainable?
— Li Juqian
22. CoC: Need for a Holistic Approach
— Ciro Arévalo Yepes
23. The International Normative System and a Code of Conduct for Outer Space Activities
— Tare Brisibe
24. Space Code of Conduct: Need to Re-analyse
— Zahid Imroz
25. ICoC: Need of the Hour
— Victoria Samson
26. Supporting an International Code of Conduct for Space
— Joan Johnson-Freese
27. The Code of Conduct: A Useful First Step
— James Clay Moltz
28. International Code of Conduct for Outer Space: An Industry Perspective
— K.R. Sridhara Murthi
29. International Code of Conduct for Outer Space Activities
— Ranjana Kaul and V. Siddhartha
30. Space Code of Conduct: An Indian Perspective
— Rajeswari Pillai Rajagopalan
31. Should India Conduct an ASAT Test Now?
— Ajey Lele

Conclusion

Appendices
1 Text of International Code of Conduct for Outer Space Activities (2010)
2 EU Launches Negotiations on an International Code of Conduct for Outer Space Activities: Press Note
3 Text of the CoC Initiative by Henry L. Stimson Center
4 Canada Working Paper presented to CD (Jun 5, 2009)
5 Text of PPWT to the CD (Feb 12, 2008)

Index

About the Contributors

Ms Jessica Los Banos is a lecturer at the Faculty of Law, Universitas Pelita Harapan where she teaches international law courses including space law. She obtained her law degree from the College of Law, University of the Philippines, Diliman, Quezon City.

Prof Brett Biddington owns a Canberra-based consulting company, Biddington Research Pty Ltd which specialises in space and cyber security matters. He is the chair of the Space Industry Association of Australia.
He is an Adjunct Professor at Edith Cowan University in Perth, Western Australia and a Member of the Order of Australia (AM) for services to the Australian space sector.

Dr. Tare Brisibe was elected Chairman, Legal Subcommittee of the United Nations Committee on the Peaceful Uses of Outer Space, for the period 2012 to 2013. He is member of the Nigerian Bar and holds a Doctorate
in International Air and Space law. He currently serves as Director, Regulatory Affairs at OnAir, the joint venture established by SITA and AIRBUS.

Dr. Joan Johnson-Freese is a Professor of National Security Affairs at the Naval War College in Newport, Rhode Island. She is the author of several books on space security, most recently, Heavenly Ambitions: America’s
Quest to Dominate Space (2009). She is also on the faculty of the International Space University.

Mr Zahid Imroz has completed his M.Phil in Physics from Quaid-i-Azam University, Islamabad in 2011. He is a poet, writer and researcher. He is working on global peace and security issues. He has presented his work
in international symposiums. Currently, he is teaching Physics in a University in Islamabad.

Prof Ram S. Jakhu B.A., LL.B., LL.M. (Punjab), LL.M., D.C.L.(McGill) is an Associate Professor at the Institute of Air and Space Law, Faculty of Law; McGill University, Montreal, Canada. He is a Member of Space
Security Council of World Economic Forum. He has earlier served at the International Space University, Strasbourg, France and has written extensively on space issues.

Mr Cesar Jaramillo is Program Officer at Project Ploughshares (Canada) where he works on the Space Security and Nuclear Disarmament programs. He manages the Space Security Index (SSI), an international research consortium focused on research and analysis of space security trends, and is managing editor of the SSI’s annual report. He holds an MA in Global Governance from the University of Waterloo, as well as degrees in honours political science and in journalism.

Prof Bhupendra Jasani MSc PhD (Nuclear Physics), University of London. He has worked for the British Medical Research Council (1958-1972), Stockholm International Peace Research Institute (1972-1987), the Royal
United Services Institute for Defence Studies, London, a Rockwell International Fellow (1987-1990) and he is at King’s College London since 1990. He has been a consultant, for a number of outer space and
nuclear weapons related UN studies.

Prof. Dr. LI, Juqian is a law professor of China University of Political Science and Law, and Council-Member of the Space Security Council of World Economic Forum, Standing Council-Member of the China Institute of
Space Law. He has published fifteen books and twenty articles on international space law, WTO law and international environmental law in Chinese or English.

Dr Ranjana Kaul is Partner, Dua Associates, (Advocates and Solicitors), New Delhi, a leading corporate law firm in India. Dr. Kaul is a recognised expert on air & space law and has often been a resource-person for the
Indian Ministries of External Affairs and Civil Aviation. She holds a LL.M from Institute of Air & Space Law, Faculty of Law, McGill University, Montreal, Canada and a PhD from University of Poona, India.

Mr Stefan A. Kaiser is head of the legal office of NATO’s AWACS operations (Airborne Early Warning and Control Force—E-3A Component) since 2002. From 1992 until 2002 he practiced law as in-house counsel in the
telecommunication and high-tech industry. He is a qualified German lawyer and aviator, holds an LL.M. of McGill’s Institute of Air and Space law and is a graduate of the International Space University.

Prof Armel Kerrest is a University professor, vice chairman of the European Centre for Space Law of the European Space Agency, teaches international law especially space law in French universities of Western Brittany and Paris south, he advises States, International Organisations and companies for space law. He is a member of the academy of air and space and of the international academy of astronautics.

Prof Michael Krepon is co-founder of Stimson, and director of the South Asia and Space Security programs. Earlier he was at the Carnegie Endowment for International Peace. During the Carter administration, he was associated with the US Arms Control and Disarmament Agency.

Prof Doo Hwan Kim Honorary President, The Korean Association of Air and Space Law at Seoul, Visiting Professor, Chuogakuin University in Japan and School of Law, Beijing Institute Technology.

Mr K. R. Sridhara Murthi is the former Scientific Secretary of ISRO and served as Managing Director of Antrix Corporation. He is an expert in Space Policy and Space Commerce, with experience of over three decades
in the Indian Space Program particularly contributing to industry cooperation and technology transfer programs. He represented India in the UN Committee on Peaceful Uses of Outer Space for several years in
the past.

Prof James Clay Moltz is a professor at the U.S. Naval Postgraduate School. He is the author of Asia’s Space Race (2012) and The Politics of Space Security (2011).

Ms Jana Robinson leads the Space Security Research Programme at the European Space Policy Institute (ESPI) since December 2009. Earlier, she has served as Development Director for the Prague Security Studies Institute (PSSI) from 2005-09. She holds an MA in Asian Studies from George Washington University, specialising in Asia-Pacific security issues and space policy, and an MA in Asian Studies from Palacky University,
Olomouc, Czech Republic.

Dr Rajeswari Pillai Rajagopalan is a Senior Fellow at the Observer Research Foundation, New Delhi. She served in the National Security Council Secretariat, Government of India, from 2003 to 2007.)

Ms Victoria Samson is Washington Office Director for the Secure World Foundation. Before this she served as a Senior Analyst for the Center for Defense Information (CDI) and Senior Policy Associate at the Coalition to Reduce Nuclear Dangers. She holds a Bachelor’s of Art (B.A.) degree in political science with a specialisation in international relations from UCLA, and a Masters of Art (M.A.) in international relations from the Johns Hopkins School of Advanced International Studies.

Mr Munish Sharma is a research scholar at Department of Geopolitics and International Relations, Manipal University, India. He is an engineering graduate with experience in Software Industry. He conducts research on
cyber security, space security, defence matters and role of technology in geopolitics.

Dr. V. Siddhartha served during 2007-09 on invitation of the Secretary General of the United Nations as a member of the Experts Group of the Committee on UN Security Council Resolution 1540. He was the Principal Scientific Adviser to the Government of India as Scientific Consultant (Advanced Technologies). An Emeritus Scientist in DRDO he retired in 2004. He is a graduate of IIT, Madras and received his PhD from the Imperial College of Science & Technology, London.

Ms Gunjan Singh is a research assistant at the Institute for Defence Studies and Analyses in New Delhi, India. Her research interest includes geopolitics of China and East Asia. She also works on issues related to
Arms Control and Disarmament with special focus on Space security and WMDs. She is co-editor of the book tiled Space Security and Global Cooperation.

Prof Kazuto Suzuki is Professor of International Politics at Graduate School of Law of Hokkaido University, Japan. He received Ph.D. from Sussex European Institute, University of Sussex, England. He has been closely
involved in the development of Japanese space decision-making process including the establishment of the Basic Law for Space Activities of 2008. He is a member of International Academy of Astronautics and the Chairman of the Space Security Committee of the International Astronautical Federation.

Mr Park Won-hwa is teaching Air and Space Law as the professor of law at the Korea Aerospace University, Seoul, since 2009. He was a Korean career diplomat for more than 30 years period.

Ms Isabelle Sourbès-Verger is senior researcher at the National Centre for Scientific Research (CNRS), France and member of the European Space Policy Research and Academic Network (ESPRAN).

Ambassador Ciro Arévalo Yepes was Chairman of the UN-COPUOS (2008-09); at the present time he is the Chairman of the International Astronautical Federation IAF for Latin-America and the Caribbean Region, IAF-GRULAC; member of the Standing Advisory Group on Technical Cooperation to the Director General of the International
Atomic Energy Agency IAEA.

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