Increasing Militarization of Space and Normative Responses

Increasing Militarization of Space and Normative Responses IN (2017) Recent Developments in Space Law: Opportunities & Challenges, eds. R. Venkata Rao, V.Gopalkrishnan and Kumar Abhijeet, Springer p.91-106

U. of Adelaide Law Research Paper No. 2019-83

Posted: 8 Jul 2019

See all articles by Dale Stephens

Dale Stephens

Adelaide Research Unit on Military Law and Ethics (RUMLAE)

Date Written: July 4, 2019

Abstract

Abstract It is becoming abundantly clear that the militarization of space is occurring. New capabilities and weapons systems are being developed that will apply to Outer Space operations. Military doctrine is simultaneously being developed that will shape the manner in which such military operations will occur. Despite these developments, there is no clarity regarding how and in what manner international Law might apply in those attenuated circumstances to constrain and regulate any developing tension, hostilities or even outright armed conflict. The global community is currently in a precarious place regarding this emerging reality, and it is time that full attention is developed to understanding a normative frame­ work that will inform international decision-making in this realm. This chapter will examine the growing phenomenon of the increasing use of space for military activity and will canvass how International Law may apply to condition behaviour. It will also provide a brief review of informal lawmaking processes that are underway to influence thinking in this area. Such in formal lawmaking is principally manifested in the development of an international Manual headed by McGill University and the University of Adelaide to bring together international Government, Military and Humanitarian legal expense to develop a framework on International Law Applicable to Military Uses of Outer Space. Such a Manu al will take its place alongside with others that have been developed in associated theatres of military legal endeavor (naval war, air and missile war and cyber war) and will hopefully shape and condition thinking and decision-making in this emerging and critical field of military operations.

Keywords: Militarization of Space, Space Law

JEL Classification: K1

Suggested Citation

Stephens, Dale, Increasing Militarization of Space and Normative Responses (July 4, 2019). Increasing Militarization of Space and Normative Responses IN (2017) Recent Developments in Space Law: Opportunities & Challenges, eds. R. Venkata Rao, V.Gopalkrishnan and Kumar Abhijeet, Springer p.91-106; U. of Adelaide Law Research Paper No. 2019-83. Available at SSRN: https://ssrn.com/abstract=3414752

Dale Stephens (Contact Author)

Adelaide Research Unit on Military Law and Ethics (RUMLAE) ( email )

SA 5005
Australia
+61 (0)8 8313 5937 (Phone)

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