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Section 5. Political problems of the international relations, global and regional development
https://doi.org/10.29013/EJLPS-20-3-31-34
Sorokin Maksim Aleksandrovich, Kurushina Daria Sergeevna, Student, Far Eastern Federal University E-mail: m.sorokin17@mail.ru
PERSPECTIVE OF THE PEACEFUL SPACE EXPLORATION: WHAT PROBLEMS DO HUMANITY FACE?
Abstract. To date, the outer space is consistently becoming a place for technological rivalry among the states. This paper analyzes the core problems towards the enhancement of interstate cooperation on the issue of space exploration and usage, basing on the historical and normative analysis. The result of this work is the identification of key problems in the field of international cooperation in the peaceful uses of outer space.
Keywords: outer space, interstate cooperation, arms race, space debris, weapons of mass destruction, United Nations.
The modern era of space exploration and usage that deal with space security issues [1]. Following
began on October 4, 1957, with the launch of the that, on December 12, 1959, the UNGA adopted the
first artificial satellite 'Sputnik-1' by the Union of So- resolution A/RES/1472 (XIV), which established
viet Socialist Republics (USSR), which dramatically the Committee on the Peaceful Uses of Outer Space
triggered the rapid development of science and tech- to strengthen the international legal regime, govern-
nology in the second half of the 20th century [1]. ing the activities of states in outer space, to organize
Noting with concern the common interest of man- mutual exchange and dissemination of information
kind in the exploration of outer space, the United on space exploration, and to promote initiatives at
Nations (UN) has started its work on regulating the the national, regional and global levels [3]. activities of states in outer space. On December 13, In the field of space technologies, the significant
1958, the UN General Assembly (UNGA) adopted step forward was made in 1960 after the launch of
the resolution A/RES/1348 (XIII), which estab- the first weather satellite 'TIROS-1' by the National
lished the ad hoc Committee on the Peaceful Uses of Aeronautics and Space Administration of the United
Outer Space [2]. Additionally, the group of experts, States ofAmerica (USA). And on April 12, 1961, So-
working within the UN Secretariat to facilitate the viet cosmonaut Yuri Gagarin made the first manned
work of the Committee, was transformed into the space flight aboard the 'Vostok-1' spacecraft, which
UN Office for Outer Space Affairs, which is one of significantly expanded the boundaries of space ex-
the key bodies within the Organization's structure ploration. To control the rapidly growing number
of spacecraft, the UNGA adopted the resolution A/ RES/1721 (XVI) of 20 December 1961, which established the first UN Register of space objects [4].
The report of the Secretary-General 'Coordination of space-related activities within the United Nations system: directions and anticipated results for the period 2018-2019' A/AC.105/1179 of 2018 indicates that since the creation of the Register more than 7,300 functional spacecraft, which were launched by more than 55 states and intergovernmental organizations (satellites, spacecraft, probes, etc.), have been registered by the UN Secretary-General. The registration system makes a great contribution to ensuring effective regulation of all space activities, which has a huge impact on strengthening mutual trust in outer space [5].
However, any human activity does not pass without a trace. The same is true for the exploration and use of outer space. Science is developing at an incredibly fast pace, and humanity is gaining access to more modern and modernized technologies. Similarly, unsuccessful tests of spacecraft, failure of satellites, previously functioned in earth orbit, and many other things lead to significant contamination of outer space.
According to statistics from the European Space Agency, among 5,000 satellites currently placed in space, only 1,950 of them are still operational, while the total number of space debris objects regularly tracked by space surveillance networks is about 22,300 [6]. To combat space debris, the UN GA adopted in its resolution A/RES/62/217 of 2007 [7] the 'Space Debris Mitigation Guidelines' [8] proposed in 2003 by the Inter-Agency Space Debris Coordination Committee.
It would seem that there are numerous international and regional initiatives to combat space debris. At the local level, national space agencies are actively developing technologies for tracking space objects, drawing up guidelines for safe return of no longer functioning satellites, and creating virtual models of outer space. However, the absence of definitions for such terms as 'space weapons' alongside 'militariza-
tion of space' leads to an escalation of disputes over the legality of the use of certain technologies for the destruction of space debris. Significant differences in the interpretation of terminology lead not only to greater ineffectiveness of existing measures but also to the facilitation of an arms race.
Meanwhile, the issue of the necessity to prevent the militarization of outer space remained unresolved, and the UNGA adopted the resolution A/ RES/1962 (XVIII) 'The Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space' of 1963, which served as the basis for the further development of space law. The Declaration states that space is the property of all mankind, and its exploration and exploitation should be carried out exclusively for the benefit and in the interests of all states [9].
Later, on 10 October 1967, based on the key provisions of the Declaration, the 'Treaty on Principles Governing the Activities of States in the Exploration and. Use of Outer Space, including the Moon and Other Celestial Bodies', also known as the 'Outer Space Treaty', entered into force. The Treaty establishes the framework of international space law and expands the principles set out in the Declaration. The Treaty states that outer space is free for all states to explore, prohibits the deployment of weapons of mass destruction (WMD), and emphasizes the fact that the Moon and other celestial bodies can be used exclusively for peaceful purposes. Article IV of the Outer Space Treaty emphasizes the responsibility of all countries for their space activities and damage caused by their space objects [10].
Various mechanisms of international cooperation have been gradually improved along with the active development of space law. Thus, 4 UN Conferences on the exploration and peaceful uses of outer space were held in 1968, 1982, 1999, and 2018 (Unispace I, Unispace Ii, Unispace III [11] and UNISPACE + 50 [12]). Key role in inter-state partnership plays UNISPACE II, which served as the basis for the adoption of the UNGA resolution
A/RES/37/90 [13] of 10 December 1982, which included measures of practical implementation of the UN Programme on Space Applications [14]. The goal of the Program is to enable developing countries to strengthen their capacity to use space technologies through interstate cooperation and free exchange of information. Besides, these United Nations Conferences led to the establishment of regional centers for space science and technology education in Asia and the Pacific (1998), Africa (1998), Latin America and the Caribbean (2003), and Western Asia (2012) [11].
The status of outer space as the 'heritage of all mankind' was proclaimed in the 'Outer Space Treaty' and other international normative documents. However, to date, outer space is becoming an arena for demonstrating scientific and technical superiority by deploying spy satellites or testing various types of weapons. The UN Office for Outer Space Affairs has repeatedly reported that Russia, the United States, and China are testing anti-satellite weapons, kinetic-energy weapons, and directed-energy weapons.
The problem is that the 'Outer Space Treaty', like all other agreements, does not have any specific restrictions on the militarization of outer space. As it was mentioned earlier, at the moment there is not even a definition of the concept of 'militarization of space' while the terms 'weaponization' and 'militarization' are not differentiated at all. Moreover, space law does not define the boundaries of the use of WMD. Article IV of the 'Outer Space Treaty' declares that states undertake not to place nuclear weapons or other types of WMD in outer space [10]. This article deals exclusively with the permanent deployment of WMD but does not focus on the use of such weapons, which permits nuclear attacks in outer space.
This inferiority in the legal system of space law, along with a lack of measures, regulating space activities, is leading to an escalation of inter-state contradictions based on a clash of national interests. In the reality of the 21st century, when scientific and
technological development has almost reached its apogee, the possibility of deploying military technologies in outer space is completely unacceptable for the modern system of international relations, where the power dominance still plays a huge role, which underlines the importance of further development of the international legal system in the field of space exploration.
For more than 60 years, humanity has been studying the boundless space of our Universe. The spacewalk significantly accelerated scientific and technological progress, stimulated the development of the interstate partnership, still caused an escalation of contradictions in the system of international relations. Since the launch of the first artificial satellite, 'Sputnik 1', in 1957, the UNGA has adopted more than 100 resolutions related to the peaceful uses of outer space, numerous international agreements have been concluded, and space agencies have been established at the regional and national levels to strengthen existing regulatory frameworks.
Nevertheless, despite all the efforts of the international community to protect outer space and prevent collisions of national interests of states in space, more and more actors in international relations are starting to use outer space to demonstrate their power, to demonstrate their scientific and technical superiority. The lack of regulatory measures, in particular restrictions on the arms race and the use ofWMD, allows states to base military and dual-use technologies in outer space, which forces a fundamental review of the current regulatory framework.
Outer space is the 'heritage of all mankind', free for the development by all interested parties. The rapid growth in the number of actors in outer space, along with the increasing pace of scientific and technological progress, requires strengthening the existing international legal system in the field of space law, in particular the introduction of such concepts as 'militarization' and 'weaponization' of space, and limiting the use of military technologies, otherwise, open collisions are inevitable.
References:
1. A Timeline of the Exploration and Peaceful Use of Outer Space // UNOOSA [Electronic Resource]. URL: http://www.unoosa.org/oosa/en/timeline/index.html
2. The United Nations General Assembly Resolution A/RES/1348 (XIII) (1958). URL: http://www. unoosa.org/pdf/gares/ARES_13_1348E.pdf
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