THE CONCEPT OF PEACEFUL PURPOSES

As space technology becomes increasingly paramount to modern life on earth, it also becomes increasingly critical to highlight the risks and global security implications relating to the space domain. This was the backdrop of the term “Peaceful use of outer space” in the 1967 Outer Space Treaty. ¹ ‘Recognising the common interest of all mankind in the progress of the exploration and use of outer space for peaceful purposes,’ the concept is a goal and a requirement for the international community to achieve reasonable standards in their space activities. This includes the exclusive prohibition of the establishment of military bases, installations and fortifications, the testing of any type of weapons and the conduct of military maneuvers on celestial bodies.² Celestial bodies such as the moon, for instance, are subject to exclusively peaceful use requirements under existing international law.

Ensuring the long-term sustainability of outer space is the foundation for the requirement to keep space safe and secure.³ To achieve this and to maintain space as a secure and peaceful environment, it is necessary to foster transparent space activities to reduce ambiguity and uncertainty around intentions behind space activities by states and other stakeholders. Understanding the international principles and regulations that already exist in international law from a security perspective, as well as the gaps and limitations, can aid in consolidating and reinforcing the conversations surrounding space security.

Discussing a binding multilateral instrument on reducing space threats through norms, rules and principles of responsible behavior would no doubt be challenging as states are no longer the dominant actors in outer space. Infact, a significant amount of investment comes from the private sector, and the recent commercialization of space technology means that states are increasingly dependent on corporations for the provision of space services which invariably creates complex layers for new space regulations.

There are also problems specific to the outer space security environment, such as a lack of agreement on definitions on where outer space begins; what is a space weapon; or what to control in outer space. Sensitivities and security concerns exist around inspections of payloads before launch and on who would be most appropriate to conduct them.⁴

There are other guidelines stated in the Outer space treaty, through its Article IX, ‘A State Party to the Treaty which has reason to believe that an activity or experiment planned by another State Party in outer space, including the Moon and other celestial bodies, would cause potentially
harmful interference with activities in the peaceful exploration and use of outer space, including the Moon and other celestial bodies, may request consultation concerning the activity or experiment.’

This sums up the question that peaceful purposes and responsible behavior is not mutually exclusive as responsible behavior in outer space protects everyone. Hence, there is the need to put in place proper universal norms that protects outer space as it is a vital part of human existence. Further, there is the need to internationally agree on which behaviors threatens peaceful purposes and which ones promote healthy competition. Irresponsible behaviour and disregard for the rules of outer space, endangers not only peaceful purposes of outer space but also threatens international peace and security. To reach this, both private sector and states should be on the dialogue table in characterising responsible behaviour.

There is also the need to redefine the term “Peaceful purposes” to include current technological advancements in the fight for space security as it seems that states’ definitions are different and would rather adopt that which fits within their own purpose. Security and prosperity in space are too important to life on Earth, and too sensitive to long-term trends, to address with short-term strategies.

¹ Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and other Celestial Bodies (1967).
² Preamble, Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and other Celestial Bodies (1967)

³ Dr. Beyza Unal, Responsible Behavior in Outer Space Protects Everyone, accessible at https://www.chathamhouse.org/2021/03/responsible-behaviour-outer-space-protects-everyone
⁴ 78 th Session, United Nations, 24 October 2023.

CONCLUSION

The 1967 Outer Space Treaty establishes that States shall carry out their activities in outer space in accordance with international law, including the Charter of the United Nations. This includes the prohibition of the use of force between States in their international relations enshrined in Article 2(4) of the Charter of the United Nations and also established under customary international law. Drawing from the above, it can be inferred that the concepts of peaceful purposes and responsible behavior is not mutually exclusive. Legal concepts relating to outer space have a long history, are robust and continue to develop. The problem the international community now faces is that the use of space is changing dramatically and rapidly thus noting the importance of enhancing the understanding of regulatory frameworks and mechanisms related to international space cooperation. Although, the rules governing human activity in space have been in place for only a few decades, they are quickly outdated. To accommodate the drastic and rapid changes in the use of space, they need to be built on and extended upon. For example, norms of behavior and rules governing space security need to be established. Negotiations to conclude an internationally, legally binding instrument to prevent an arms race in space should thus remain a priority.