what Flaws IN the PPWT? --THE WAY FORWARD FOR ARMS CONTROL IN OUTER SPACE

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1 ESPI-Space Security: Some Perspective what Flaws IN the PPWT? --THE WAY FORWARD FOR ARMS CONTROL IN OUTER SPACE Dr. Guoyu WANG Institute of Space Law Beijing Institute of Technology (BIT) China Vienna, 13/6/2017

2 overviews 1. Introduction 2. PPWT 3. ASAT 4. Space Weapons 5. Self-defense right 6. The way forward

3 1. Introduction l main challenges to space security governance Ø arms control in outer space; space debris Ø less consensus on PAROS Ø limited arms control principle in the 1967 OST Ø new challenges ü self-defense in outer space ü active debris removal ü cyber security in outer space

4 Art. IV of the OST l States Parties to the Treaty undertake not to place in orbit around the earth any objects carrying nuclear weapons or any other kinds of weapons of mass destruction, install such weapons on celestial bodies, or station such weapons in outer space in any other manner. l The moon and other celestial bodies shall be used by all States Parties to the Treaty exclusively for peaceful purposes. The establishment of military bases, installations and fortifications, the testing of any type of weapons and the conduct of military manoeuvres on celestial bodies shall be forbidden.

5 l Endeavors for the way out 1. Introduction Ø ICOC (2012, 2014, 2015) Ø TCBMs GGE ( ) Ø LTS ( ?) Ø PPWT (2002, 2008, 2014)

6 2. PPWT l contents Ø key definitions (Art. I) Ø basic principle(ii,iii) Ø self-defense right(iv) Ø implementation mechanisms(v, VI-Executive Organization) Ø dispute settlement(vii, request-consultation-eo-un), Ø participation of IO to the Treaty Ø procedural issues (IX-XIII). l Status: alive, but in a deadlock

7 2. PPWT l flaws Ø ground-based anti-satellite test (ASAT) Ø verification mechanism Ø space debris issue Ø Soft rules Ø definition

8 3. Absence of ground-based ASAT l a big threat, more dangerous? l to protect national security and fulfill strategic deterrence l to which extent they could be acted as such tools l what will be the result of a considerate, comprehensive costbenefit calculation of those activities in a long-term l standing points on both sides are hard to switch in a short-term l a PPWT without ASAT test is better than nothing l Strong, but not strong enough to reject the PPWT

9 4. Ambiguities of space weapons l space weapon in outer space Ø means any outer space object or its component produced or converted to eliminate, damage or disrupt normal functioning of objects in outer space, on the Earth's surface or in the air, as well as to eliminate population, components of biosphere important to human existence, or to inflict damage to them by using any principles of physics. l Not address soft-kill weapons Ø Laser, ADR Ø Disable, interfere

10 4. Ambiguities of space weapons l it is a question which could be solved through PPWT Ø Suppose ADR not a weapon Ø ADR of space object which it s vested removal right Ø ADR of space object beyond its original right Ø Suspect of violation of the PPWT (Presume to be a space weapon) Ø Could not be justified under IL Ø Be defined as a space weapon l Post Action Control theory in outer space

11 5. Controversial Self-defense right l Throw stones in a glass room; strong political concern l Whether OSFR exists or not? l What is the due legal requirements of its application Ø without articulated conditions applicable, political appeal, de facto right Ø Due subject, object, target of OSFR Ø Prerequisites ü Arms attack ü Preemption application (the level of the defensibility) Ø Limitation ü Abuse ofright ü Proportion principle ü Result is controllable (Irreversible space environment)

12 6. Remarks and A way forward l political concerns rather than the flaws of it l Ideal approach Ø adopting a weapon-free in space strategy on one s own Ø a rational long-term cost-benefit analysis is encouraged Ø Placement weapon in outer space and ASAT l Realistic approach Ø Allowthe deployment of space defenses and offensive systems Ø Orderly, safe, secure framework Ø Parallel approaches: soft rules, hard treaties

13 THANK YOU. Any comments or questions! Guoyu WANG, BIT 北京理工大学