Use of Armed Force in Outer Space

An Introduction

Abstract

Space is increasingly a theater for States’ and private companies’ activities. Space as a normative environment faces multiple challenges. Some of these are innate to space law proper, such as the limited applicability of the Moon Agreement. Others emanate from the general erosion of international law and arms control, technological developments and innovation. The limits of accepted space behaviors need urgent clarification. Absence of clear rules is likely to contribute to further unilateralism, at the cost of existing multilateral rules like the UN Charter, and to increased risk of conflict. A clear normative environment in space provides an environment with predictability, clarity and risk-minimization for states and private actors alike. To achieve this, states and private actors may want to look for progressive soft law steps, starting by agreeing on gaps, on useful measures to promote, like the ENMOD Convention, and on priorities such as the clarification of the law of self-defense and its limits.