Peaceful Use of Outer Space: Non-Militarization, Non-Aggression and Prevention of Weaponization

Journal of Space Law, Vol. 36, No. 1, 2010

21 Pages Posted: 22 Aug 2010 Last revised: 3 Jul 2014

See all articles by Jinyuan Su

Jinyuan Su

Xi'an Jiaotong University School of Law

Date Written: October 1, 2009

Abstract

States, while agreeing to use outer space for peaceful purposes in principle, interpret its use in divergent manners, particularly with regard to non-militarization and non-aggression. The non-militarization interpretation has become completely outdated. Consequently, efforts to prevent space weaponization by the doctrine are fruitless. On the other hand, non-aggression cannot provide justification for space weaponization either. The lack of a specific prohibition does not mean space weaponization is permitted under international law. Relying on the Lotus principle would undermine the international legal framework and instigate a laissez-faire attitude in the international community.

Keywords: outer space, peaceful use, militarization, weaponization

JEL Classification: K33

Suggested Citation

Su, Jinyuan, Peaceful Use of Outer Space: Non-Militarization, Non-Aggression and Prevention of Weaponization (October 1, 2009). Journal of Space Law, Vol. 36, No. 1, 2010, Available at SSRN: https://ssrn.com/abstract=1662238

Jinyuan Su (Contact Author)

Xi'an Jiaotong University School of Law ( email )

28 Xianning West Road
Xi'an, Shaanxi 710049
China
(+86) 29 8266 4423 (Phone)
(+86) 29 8266 4423 (Fax)

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