The United Nations General Assembly (UN GA) is the one organ of the UN responsible for policy making (i.e international treaties), in which all member states have equal representation. The first talks concerning the laws which ought to govern our use of outer space, or, more specifically “preserving outer space for peaceful purposes”, began in the late 1950s.
These initial deliberations resulted in the formation of the backbone of space law, the Outer Space Treaty (OST), which entered into force in 1967; to date counting 110 states legally bound to its protocols, including the USA, Russia, China, India and majority of NATO States.
The UN GA also issues resolutions (formal expressions of opinion), which, unlike treaties, are never legally binding, and regarding outer space, they offer guidance to States on the proper conduct of activities in space. Signing or voting in favour of any UN document indicates state support for its principles, and demonstrates willingness towards establishing multilateral cooperation on the issue in question. The UN GA meets every year in order to deliberate on further resolutions and treaties which, amongst others, pertain to outer space.
The OST forbids the deployment of weapons of mass destruction in outer space, prohibits military activities on celestial bodies, and lays out legally binding rules which govern the peaceful exploration and use of space, i.e. these activities have to be carried out in accordance with international law.
However, it does NOT prevent any state from conducting Earth-to-space warfare, forming military space forces, or placing other types of weapons in space.
Since 1967 there have been attempts to further implement legally binding measures, in aid of filling in the more noteworthy gaps in the OST. For example,
Neither of which have been enforced. Yet both treaties would act to prohibit the use of space-weapon technology and possibly deter its development.
Historically the idea of the PAROS treaty has been notably opposed by the USA. Both the USA and Israel voted against the PAROS resolution* in 2019, while ALL other nations voted in its favour. The PPWT treaty, on the other hand, has not gained much traction since its proposal in 2008.
Another key resolution considered by the UN GA is the “Transparency and confidence-building measures in outer space activities”. Compliance with it would help to prevent military confrontation by fostering intergovernmental trust. More importantly, accepting this resolution could eventually lead to an implementation of legally binding arms control measures. In 2019 the USA and Israel voted against it, while Australia, Georgia, Palau, Ukraine and the United Kingdom abstained.
It has long been recognised that the times have changed drastically, and the OST does not adequately address modern day issues. In 2013 the UN Group of Governmental Experts declared that “it is critically important for all nations to work collectively to keep [space] free from destabilizing conflict”, and while the majority of UN member states are committed to pursuing a space weapons ban through the Conference on Disarmament, for decades essentially no progress has been made on this front.
There are two more points worth keeping in mind. Even though the international law does prohibit the threat or use of force in outer space, there are no legal definitions to clarify what constitutes a 'threat' or 'use' of force, an ambiguity with high potential for misinterpretations. Likewise, to date very little effort has been put into defining a 'space weapon' in the legal regime. Both of these issues pose a fundamental hurdle in controlling the arms race in space and the development of legally binding measures addressing counterspace technology.
It is imperative for nations to reach a consensus on these issues as soon as possible, to avoid a disruptive scenario which runs a high risk of getting out of hand.
* There is a difference between the PAROS resolution and the PAROS treaty. The UN Committee responsible for negotiations related to the treaty was dissolved in 1994.
Click here to find out why so far, safeguarding space from becoming a warzone is a losing battle.