Abstract
The chapter opens with an introduction to the general legal regime in outer space. We are focusing on topics that are accentuated throughout the book, to discuss under what conditions various ideas would be realizable or what unintended consequences various decisions would cause. The intention of the chapter is not to complete a thorough international law analysis of planetary defense, or even to propose a legal regime, but rather to discuss topics found in the book using an international law perspective. We also show that making things happen is not necessarily based on engineering virtue, and that some legal obstacles remain in the way. Adopting a nuclear explosion method and treating it as the most effective can be true from an engineering point of view, but building lasers on the far side of the Moon could be much easier to achieve if we perceive the problem from the international law perspective.
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Notes
- 1.
USA perceived the Sputnik event as a positive precedent giving them opportunity to openly spy on Russia: “There was no doubt, Quarles confessed, that the Redstone, had it been used, could have orbited a satellite a year or more ago. Ike said that when this information reached Congress they would surely ask why such action was not taken. The President recalled, however, that timing was never given too much importance in our own program, which was tied to The International Geophysical Year, and confirmed that, in order for all the scientists to be able to look at the instrument, it had to be kept away from military secrets. Quarles then accentuated the positive saying the Russians have in fact done us a good turn, unintentionally, in establishing the concept of freedom of international space. The President then looked ahead five years, and asked about a reconnaissance vehicle” (McDougall 1985, p. 134). However, both sides knew that mutual spying from space would only contribute to better stability of global politics.
- 2.
Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, Convention on International Liability for Damage Caused by Space Objects, Convention on Registration of Objects Launched into Outer Space, Agreement Governing the Activities of States on the Moon and Other Celestial Bodies.
- 3.
Declaration of Legal Principles Governing the Activities of States in the Exploration and Uses of Outer Space, the Principles Governing the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting, the Principles Relating to Remote Sensing of the Earth from Outer Space, the ‘Nuclear Power Sources’ Principles, the Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and in the Interest of All States, Taking into Particular Account the Needs of Developing Countries.
- 4.
United Nations Treaties and Principles on Outer Space, UN 2002. Available at: http://www.unoosa.org/pdf/publications/STSPACE11E.pdf.
- 5.
See Article 1 of the Outer Space Treaty.
- 6.
See Article 2 of the Outer Space Treaty.
- 7.
See Article 9 of the Outer Space Treaty.
- 8.
Ibid.
- 9.
See Article 4 of the Outer Space Treaty.
- 10.
See Article 2 and Article 3 of the Liability Convention.
- 11.
See the Preamble of the Moon Agreement.
- 12.
See Article 3 of the Moon Agreement.
- 13.
Ibid.
- 14.
See Article 4 of the Moon Agreement.
- 15.
See Article 1 of the Outer Space Treaty; 1996 Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and in the Interest of All States, Taking into Particular Account the Needs of Developing Countries.
- 16.
See the Antarctic Treaty and the United Nations Convention on the Law of the Sea.
- 17.
See the UN General Assembly Resolution 1721 A and B (XVI) of 20 December 1961: International cooperation in the peaceful uses of outer space; Resolution adopted by the UN General Assembly 1962 (XVIII): Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space.
- 18.
See Article 1(4) of the UN Charter.
- 19.
Article 9 of the Moon Agreement.
- 20.
See Article 5 of the Moon Agreement.
- 21.
See the UN General Assembly Resolution 1721 A and B (XVI) of 20 December 1961: International cooperation in the peaceful uses of outer space; Resolution adopted by the UN General Assembly 1962 (XVIII): Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space.
- 22.
See Article 24 of the UN Charter.
- 23.
Ban Ki-moon, Remarks to the Security Council on the Impact of Climate Change on International Peace and Security. United Nations Secretary-General. 2011; Security Council, in Statement, Says ‘Contextual Information’ on Possible Security Implications of Climate Change Important When Climate Impacts Drive Conflict, UNSC/10332 20 July 2011; United Nations Security Council (UNSC) has formally recognized climate change as a destabilizing factor in Somalia, See UN Security Council makes ‘historic’ warning on climate threat to Somalia, Climate Home News. Available at: http://www.climatechangenews.com/2018/03/28/un-security-council-warns-climate-threat-somalia-peacekeeping/.
- 24.
See Draft Articles on Responsibility of States for Internationally Wrongful Acts.
- 25.
See Article 1 of the PTBT.
- 26.
Ibid.
- 27.
See Article 2(4) of the UN Charter.
- 28.
The Draft Articles on Responsibility of States for Internationally Wrongful Acts with Commentaries, page 83. Available at: http://legal.un.org/ilc/texts/instruments/english/commentaries/9_6_2001.pdf.
- 29.
Ibid.
- 30.
The Draft Articles on Responsibility of States for Internationally Wrongful Acts with Commentaries, page 83. Available at: http://legal.un.org/ilc/texts/instruments/english/commentaries/9_6_2001.pdf.
- 31.
See details about the asteroid here: https://ssd.jpl.nasa.gov/sbdb.cgi?sstr=2015%20TB145.
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Acknowledgments
This study was supported by the grant awarded by the Technological Agency of the Czech Republic, project TL01000181: “A multidisciplinary analysis of planetary defense from asteroids as the key national policy ensuring further flourishing and prosperity of humankind both on Earth and in Space,” and co-funded by the Institute of Political Studies, Faculty of Social Sciences, Charles University in Prague.
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Schmidt, N., Švec, M. (2019). Dilemmas for Planetary Defense Posed by the Current International Law Framework. In: Schmidt, N. (eds) Planetary Defense. Space and Society. Springer, Cham. https://doi.org/10.1007/978-3-030-01000-3_16
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