All is Fair in Love and Outer Space
By: Kevin Cowan
Outer space, the last frontier, has been a source of contention for the world’s superpowers ever since the space race that saw the United States and the Soviet Union compete to be the first nation to achieve flight in space.[1] These tensions have arisen again with Russia’s recent launch of two satellites – Kosmos 2542 and Kosmos 2543 in November and July respectively.[2] The interesting part of the situation is not the actual launches themselves, but that another object was ejected from the second satellite and sped off on its own.[3] While Russia claims the object was merely a small inspection vehicle, other nations, including the United States and the United Kingdom, believe the object was a demonstration of Russia’s ability to be able to destroy other satellites.[4]
These anti-satellites are not a new phenomenon as Russia and the United States were testing them dating back to the days of the cold war. However, with the emergence of new technologies and increasingly more powerful nations, countries such as China and India have also been able to conduct tests of their own.[5] The problem that arises is that unlike terrestrial warfare, there are virtually no laws governing the conduct of war in space.[6] This has led to discussion amongst various superpowers calling for some type of regulation regarding countries’ respective activities in space.[7] A potential conflict in space could threaten the domain that the world has come to rely on in the form of GPS, mobile phones, and banking just to name a few.[8]
Russia and China have expressed interest in passing a formal treaty that would effectively ban all forms of weapons in space.[9] The United Kingdom has called for the United Nations to pass a resolution to deter any space conflict.[10] The proposed resolution “calls for a ‘global’ discussion on what responsible behavior in space looks like ” with all countries invited to participate in the discussion.[11] Ben Wallace, the UK Defense Secretary, added “conflict in space has potentially profound consequences, and all powers should recognize the importance of this not only to their economies, but to global security.”[12]
The debate prompted delegations from Russia and the United States to meet in Vienna to discuss space security.[13] Russia remained firm in its stance that the projectile was merely an inspection vehicle and that it is committed to fully demilitarizing outer space.[14] The United States is open to negotiating a treaty, but is steadfast in its position that defining a space weapon is “virtually impossible” and enforcing compliance with any laws would prove difficult.[15] In a statement before the meeting, Christopher Ford, the Assistant Secretary for the Bureau of International Security and Nonproliferation, stated that the goal is “to explore ways to increase stability and security in outer space, as well as to advance the causer of developing norms of responsible behavior in that domain.”[16]
A positive outcome from the meeting included the need for open communication between the two countries on the issue of space to try to prevent misunderstandings and unintended escalation.[17] Russian media claims these are issues that Russia has been attempting to resolve with the U.S. for years, and that the U.S. has already made their position clear on space with actions such as creating Space Force and having over 1,000 satellites in outer space compared to only 100 satellites for Russia.[18] It further claims that these are the first space talks between the countries in seven years because of the U.S.’s superiority in the field, and the U.S. only now wanted to discuss these issues because it felt threatened by the most recent Russian launches.[19]
The discussions between these two superpowers are a positive first step in an area of law that has been largely ignored. Due to the development and advancements of emerging space technology, the world would be much better off if this issue was resolved sooner rather than later before something catastrophic occurs with profound consequences occurs.
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[1] The Space Race, history (Feb. 22, 2020) https://www.history.com/topics/cold-war/space-race.
[2] Space warfare: A legal void, The Economist (Aug. 15, 2020) https://www.economist.com/science-and-technology/2020/08/15/an-arms-race-is-brewing-in-orbit.
[3] Id.
[4] Harry Lye, Uk Seeks UN Resolution to Avoid Conflict in Space, Airforce Technology (Aug. 27, 2020) https://www.airforce-technology.com/news/uk-seeks-un-resolution-to-deter-conflict-in-space/.
[5] Supra note 2.
[6] Id.
[7] Lye, supra note 4.
[8] Id.
[9] Supra note 2.
[10] Lye, supra note 4.
[11] Id.
[12] Id.
[13] Vusala Abbasova, Russia, US In Talks To Reduce Tensions in Outer Space And Avoid Arms Race (July 30, 2020) https://caspiannews.com/news-detail/russia-us-in-talks-to-reduce-tensions-in-outer-space-and-avoid-arms-race-2020-7-28-18/#:~:text=iStockphoto.com-,Delegations%20joined%20by%20specialists%20from%20Russia%20and%20the%20United%20States,relations%20between%20the%20two%20countries.
[14] Id.
[15] Id.
[16] Briefing with Assistant Secretary for International Security and Nonproliferation Dr. Christopher A. Ford On the US-Russia Space Security Exchange, U.S. Dep’t of State (July 24, 2020 https://www.state.gov/briefing-with-assistant-secretary-for-international-security-and-nonproliferation-dr-christopher-a-ford-on-the-u-s-russia-space-security-exchange/.
[17] Sergei Valchenko, The Force Awakening: Representatives of the US and Russia met in Vienna to discuss the issue of security in space, What the Papers Say (Aug. 21, 2020).
[18] Id.
[19] Id.