About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

17 Indonesian J. Int'l L. 1 (2019-2020)

handle is hein.journals/indjil17 and id is 1 raw text is: Indonesian Journal of International Law (2019), Vol. 17 No. 1, pp. 1-18 https://doi.org/10.17304/ijil.voll7.1.776 THE SHIFTING SANDS OF SPACE SECURITY: THE POLITICS AND LAW OF THE PEACEFUL USES OF OUTER SPACE P. J. Blount University of Luxembourg, Luxembourg Correspondence: pjblount@gmail.com Abstract This article argues that the content of the legal term 'peaceful purposes, as used in internatio- nal space law is changing. Peaceful Purposes as understood throughout the bulk of the Space Age has encompassed not only the UN Charter's prohibitions on the use of force, but also a number ofcustomary international law principles that enhanced it beyond mere non-aggression. Through an examination of state practice with regards to the military uses of outer space, this article concludes that the legal content of peaceful purposes is eroding towards an alignment with non-aggressive as understood in the law concerning the use offorce. Specifcally, this article argues that geopolitical and technological changes are encouraging states to pursue disruption in the space environment rather than stability, and this has been matched with state practice and rhetoric that exhibits that states are moving toward more offensive, rather than defensive, stances in the space environment. Keywords : aggression, customary international law, peaceful purposes, space law, space se- curity Submitted : 04 July 2019 1 Revised : 28 October 2019 1 Accepted : 31 October 2019 I. INTRODUCTION A foundational legal concept in the use and exploration of outer space is that it should be for peaceful purposes. Although the notion of peaceful uses is almost universally held as a threshold legal requirement for space activities by space actors, the term lacks any clear definition. This is problematic as the content of the term is continually shifting as states develop new understand- ings of their own relationship to space security and overtime reinterpret the legal obligation. Thus, while the legal terminology is static the underlying politics reveals dynamic changes in how states understand their international obligations. This paper will investigate how states currently understand the obligation to use space for peaceful purposes, and trace observation points that reveal the shifting notions of space security that affect the content of the legal obligation. Specifically, this paper will argue that the legal content of peaceful purposes Copyright ( 2019 - P. J. Blount, Published by Lembaga Pengkajian Hukum Internasional

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most