Conflicts in Space and the Rule of Law

Space Policy (Spring 2016 Forthcoming)

23 Pages Posted: 26 Jan 2016

See all articles by Ram S. Jakhu

Ram S. Jakhu

McGill University - Institute of Air and Space Law

Cassandra Steer

ANU College of Law; McGill University - Faculty of Law; Institute of Air and Space Law; University of Amsterdam

Kuan-Wei Chen

Institute of Air and Space Law

Date Written: January 11, 2016

Abstract

Given the increase in the number of States and non-State actors becoming active in space, and the increased reliance that militaries have on space technologies, there are growing concerns about the risk of a conflict taking place in outer space. There is currently no binding international legal instrument that effectively deals with conflicts in space. As will be elaborated in this paper, the probability of the conclusion of such an agreement or of any non-binding soft-law instrument in the near future is also very low. We believe that innovative means ought to be devised in this regard. One such means could be the development of a Manual on International Law Applicable to Military Uses of Outer Space (MILAMOS), which would follow in the footsteps of the San Remo Manual on International Law Applicable to Armed Conflict at Sea, the Harvard Manual on International Law Applicable to Air and Missile Warfare, and the more recent Tallinn Manual on International Law Applicable to Cyber Warfare.

Keywords: international law, space law, international humanitarian law, law of armed conflict, policy, soft law

JEL Classification: K33, K39

Suggested Citation

Jakhu, Ram S. and Steer, Cassandra and Chen, Kuan-Wei, Conflicts in Space and the Rule of Law (January 11, 2016). Space Policy (Spring 2016 Forthcoming). Available at SSRN: https://ssrn.com/abstract=2722245

Ram S. Jakhu

McGill University - Institute of Air and Space Law ( email )

3690, Peel Street,
Montreal, Quebec H3A 1W9
Canada

Cassandra Steer (Contact Author)

ANU College of Law ( email )

Canberra, Australian Capital Territory 0200
Australia

McGill University - Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec
Canada

Institute of Air and Space Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec
Canada

University of Amsterdam ( email )

Amsterdam, 1018 WB
Netherlands

Kuan-Wei Chen

Institute of Air and Space Law

3644 Peel Street
Montreal H3A 1W9, Quebec
Canada

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