41 Int'l Law. 1091 (2007)
Space Weaponization and the United Nations Charter Regime on Force: A Thick Legal Fog or a Receding Mist

handle is hein.journals/intlyr41 and id is 1105 raw text is: Space Weaponization and the United Nations
Charter Regime on Force: A Thick
Legal Fog or a Receding Mist?
JACKSON NYAMUYA MAOGOTO* AND STEVEN FREELAND**
Abstract
As space technology develops into more sophisticated areas such as space planes and a
variety of space-based platforms with the potential capability to carry weapon systems, the
issue of space as a theatre of war is a now a pressing issue that needs to be addressed.
Underpinning this Article is a discussion of the militarization and weaponization of outer
space and its intersection with the international regime on the use of force. It juxtaposes
technological advances in the military utility of space and the tenets of the UN Charter
against the landscape of the peaceful purposes mantra that underpins the Space Law
regime. The Article highlights the fact that the international legal arena now has a new
game in the making for which it is in many ways ill equipped to handle as the ambitious
military programs of extant space powers seek to utilize the full spectrum of space tech-
nology for both defensive and offensive purposes. At the heart of the Article is the argu-
ment that there is a need to analyze extant principles on the use of force in order to
address the lacunae in the current regime on the use of force as a means to enhance its
utility.
I. Introduction
On January 11, 2007, the Chinese military launched a KT-1 rocket that successfully
destroyed a redundant Chinese Feng Yun 1-C weather satellite, which it had launched in
1999, in Low Earth Orbit approximately 800 kilometers above the earth. As details of the
test emerged, governments from around the world, including the United States, Canada,
United Kingdom and Australia, all raised diplomatic concerns as to the nature of the test
* L.L.B (Hons) (Moi), LL.M (Hons) (Cantab), LL.M (UTS), PhD (Melb), GCertPPT (UoN), Senior
Lecturer in International Law, University of Newcastle (Australia).
** Associate Professor in International Law, University of Western Sydney (Australia); Visiting Professor
of International Law, University of Copenhagen, (Denmark); Member of the Space Law Committee of the
International Law Association; Member of the International Institute of Space Law.

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