ROOM
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Space Security
not only to the problems associated with the
destruction of important infrastructure upon
which many societies depend, but also direct
loss of human life, due to a lack of adequate
space situational awareness, and the absence
of an institutionalised system of space traffic
management (STM).
Putting aside the obvious inconsistencies of
attempting to develop a comprehensive STM
system within a context of warfare involving
space - it would be impossible to maintain
any semblance of a centralised and orderly
regime for spaceflight in circumstances
where belligerents were using space assets
to engage in direct conflict - many other
challenges arise before such a system could
be designed and implemented.
The risks need to be assessed and understood;
not an easy task by any means but a necessary
one and this poses a series of questions. Would
any existing international organisation be in a
position to administer such a system? Should
a new governing body be created and, if so,
what would be its mandate? What specific laws
would apply, particularly given the advent of
sub-orbital technology? Indeed, would it be
necessary to ‘create’ a new form of legal regime
- ‘aerospace law’ - to more appropriately govern
such activities? And, if so, how would this
coalesce with those laws that would apply to
more traditional forms of spaceflight?
Of course, it is always easy to ask questions and
much more difficult to provide answers. However,
what is clear is that it is no longer appropriate
to think of the challenges associated with our
activities in space as somehow quarantined into
separate ‘pigeon-holes’.
Each type of space activity - be it military, or
civil, or commercial, or scientific, or ‘dual/multi
use’ - has an impact on other space activities.
They are not strange bedfellows after all because
everything that we do in space is interrelated
with everything else. There is therefore an
urgent need for a more comprehensive and
‘holistic’ system of global space governance
going forward. Moving away from our existing
silo approach is an important first step.
About the author
Steven Freeland is Professor of International Law, Western Sydney
University; Visiting Professor, University of Vienna; Permanent
Visiting Professor, iCourts Centre of Excellence for International
Courts, Denmark; Visiting Professor Université Toulouse1-Capitole;
Member of Faculty, London Institute of Space Policy and Law; Director,
International Institute of Space Law; Member of the Space Law
Committee, International Law Association; Member, European Centre
of Space Law; Member of Management Board, MILAMOS Project.
United States’
military Space Based
Infrared System (SBIRS)
spacecraft in support of
missile early warning,
missile defence,
battlespace awareness,
and technical
intelligence mission
areas.
