Tag Archives: Outer Space treaty

Mining the Moon: The First Mover Advantage

The US government is starting to lay down the groundwork for diplomacy on the moon. On 15 May, 2020 NASA administrator Jim Bridenstine released a set of principles that will govern the Artemis Accords on the exploration of the moon. The accords are named after NASA’s Artemis programme, the US initiative to explore the moon, with a planned launch of astronauts to the lunar surface in 2024. Other countries are also increasingly turning towards the moon, which is concerning when a landing on the moon can send up clouds of potentially hazardous dust that travel a long way across the surface and even into orbit…

At the moment, there is little practical international law governing activities on the moon. The Outer Space Treaty of 1967 deals with general space exploration, while the more specific Moon Agreement of 1984 states that “the moon and its natural resources are the common heritage of all mankind”, prohibiting the ownership of any part of the moon or any resources from the moon….However, no nation capable of human space flight has signed the Moon Agreement, effectively rendering it moot. In fact, in April 2020, US president Donald Trump issued an executive order supporting moon mining and taking advantage of the natural resources of space.

The Artemis Accords aim to protect historic locations like the Apollo landing sites but encourage mining in other areas. They also promote transparency and communication between nations, requiring signatories to share their lunar plans, register any spacecraft sent to or around the moon and release scientific data to the public.  That transparency requirement might be a stumbling block for potential parties to the accords, says Forczyk. “I really don’t know how much countries are going to be willing to share some of their more delicate, sensitive information,” she says. “

The rest of the stipulations of the Artemis Accords are about safety: nations will be able to set “safety zones” to protect their activities on the moon, they will have to work to mitigate the effects of debris in orbit around the moon and they will agree to provide emergency assistance to any astronauts in distress.

Rather than attempting to put together an international treaty, which could be difficult to negotiate before NASA’s next crewed launch to the moon, the US will sign bilateral agreements with individual countries.

Excerpts from Leah Crane, NASA’s Artemis Accords aim to lay down the law of the land on the moon, New Scientist, May 20, 2020

If You Control Space, You Control Everything: Space as War Domain

The North Atlantic Treaty Organization (NATO) is looking to classify space as a domain for warfare in an attempt to deter China’s growing military power.  If NATO’s proposal succeeds, the international alliance could move forward with the development and use of space weapons.  According to NATO diplomats, the international organization is preparing to release an agreement that will officially declare space as a war domain. This means that aside from land, air and sea, space could also be used for military operations during times of war.

Although NATO’s partner countries currently own 65% of the satellites in space, China is reportedly preparing to launch a massive project that involves releasing constellations of satellites in low Earth orbit.  China Aerospace Science and Industry Corp (CASIC)  is planning to put in orbit 150 or more Hongyun satellites by 2023. Some of these satellites will provide commercial services like high-speed internet while others would be controlled by the Chinese military. These militarized satellites can be used to coordinate ground forces and to track approaching missiles.

“You can have warfare exclusively in space, but whoever controls space also controls what happens on land, on the sea and in the air,” according to Jamie Shea, a former NATO official. “If you don’t control space, you don’t control the other domains either.”

Excerpts from Inigo Monzon , NATO Prepares For Space Warfare By Militarizing Low Earth Orbit, International Business Times, June 24, 2019

Militarization of Japan: the Fourth Force

Japan will add a new division to its military or Self-Defense Forces in 2019, to protect equipment in orbit from space debris as well as other attacks, a source familiar with Japan-U.S. relations said, according to a report by the South China Morning Post.

Japan revised a law regarding its non-military activities in space in 2008, allowing the creation of a “space force,” which will initially be responsible for monitoring dangerous debris floating within close vicinity of the Earth, as well as protect satellites from collisions or attacks, according to the report, which added that the U.S. has been informed of the development by the Japanese Defense Ministry. There are around 3,000 fragments of space debris currently at risk of smashing into reconnaissance or communication satellites around the Earth.  Japan will assist the U.S. military with the information it obtains through this program, and looks to strengthen bilateral cooperation in space, or the “fourth battlefield,” the report said.  The “fourth force” will initially use radar and telescope facilities in the Okayama prefecture that the defense ministry acquired from the Japan Space Forum, which also owns the Spaceguard Center radar facility in Kagamino and a telescope facility in Ihara.

Units from Japan’s Air Self-Defense Force are currently being considered by the defense ministry to make up parts of the new space force. And, the Japanese ministries of defense, education, culture, sports, science and technology, along with the Japan Aerospace Exploration Agency, or JAXA, will jointly acquire the radar and telescope facilities from the Japan Space Forum, a Tokyo-based think tank that coordinates aerospace-related activities among government, industry and academia.

Japan and the U.S. have reportedly been working on a space force since 2007, when China tested its satellite destruction capabilities by launching a missile against one of its own satellites and destroyed it.  In May, at a space development cooperation meeting held in Washington, the Japanese and U.S. governments agreed to increase cooperation in using satellites for monitoring space debris, marine surveillance, and to protect one another’s space operations. Japan also pledged to share information acquired by JAXA with the U.S. Strategic Command.

Excerpts from Alroy Menezes, Japan’s ‘Space Force’ To Protect Satellites In Orbit, International Business Times, Aug. 4, 2014

Space Weapons and Space Law

“Policy, law and understanding of the threat to space is lagging behind the reality of what is out there,” warned Mark Roberts, a former Ministry of Defence official who was in charge of government space policy and the UK’s “offensive cyber portfolio”.….

The disabling of satellites would have a disastrous impact on society, knocking out GPS navigation systems and time signals. Banks, telecommunications, power and many infrastructures could fail, Roberts told the conference….Agreements such as the 1967 Outer Space treaty and the 1979 Moon treaty are supposed to control the arms race in space. Some states have signed but not ratified them, said Maria Pozza, research fellow at the Lauterpacht Centre for International Law at Cambridge University.  Existing treaties do not specify where air space ends and outer space begins – although 100km (62 miles) above the Earth is becoming the accepted limit.

The Navstar constellation of satellites was used to provide surveillance of Iraq during the Gulf war in 1991. Was that, asked Pozza, an aggressive use of space, a “force-multiplier”? Satellites may have also been used to photograph and locate al-Qaida bases, Osama bin Laden or even assess future strikes against Syria.

The Chinese government has recently moved to support a 2012 EU code of conduct for space development, which, Pozza said, was a softer law. The draft Prevention of the Placement of Weapons in Outer Space treaty has not yet been agreed. “Are we dismissing the possibility of a hard law or giving it a good chance?” Pozza asked.

The Chinese tested an anti-satellite weapon in 2007 that destroyed a defunct orbiting vehicle and showered debris across near Earth orbits. Other satellites have been jammed by strong radio signals. BBC transmissions to Iran were disrupted during this year’s elections through ground signals ostensibly sent from Syria.

In 2011, hackers gained control of the Terra Eos and Landsat satellites, Roberts said. The orbiting stations were not damaged. “The threat can now be from a laptop in someone’s bedroom,” he added.

Professor Richard Crowther, chief engineer at the UK Space Agency, said scientists were now exploring the possibility of robotic systems that grapple with and bring down disused satellites or laser weapons to clear away debris in orbit.  Both technologies, he pointed out, had a potential dual use as military weapons. 3D printing technologies would, furthermore, allow satellite operators to develop new hardware remotely in space.

The UK is formulating its space security policy, group captain Martin Johnson, deputy head of space policy at the MoD, said. Fylingdales, the Yorkshire monitoring station, has been cooperating for 50 years with the USA to enhance “space awareness” and early warning systems. The UK, Johnson said, was now working with the EU to develop a complementary space monitoring system.

Excerpt, Owen Bowcott, legal affairs correspondent, The Guardian, Sept. 11, 2013