Tag Archives: space law

The Space Rat Race

India, Japan and other space-faring countries are waking up to a harsh reality: Earth’s orbit is becoming a more dangerous place as the U.S., China and Russia compete for control of the final frontier…New Delhi is nervous because China has made no secret of its desire for influence in the Indian Ocean. China set up a naval base in Djibouti, a gateway to the ocean at the Horn of Africa. It secured a 99-year lease to the port of Hambantota in Sri Lanka. It is deeply involved in development projects in Maldives.

India has established itself as a player in the budget satellite business. It even put a probe into orbit around Mars in 2014, in a U.S.-assisted project that cost just $76 million. But it is scurrying to enhance its ability to monitor China’s activities, and the partnership with Japan is part of this.  Another sign that space is becoming a defense focus for India came on Dec. 19, when the country launched its third military communications satellite, the GSAT-7A. The satellite will connect with ground-based radar, bases and military aircraft, along with drone control networks.

China’s success in landing a craft on the far side of the moon on Jan. 3, 2019 came as a fresh reminder of its growing prowess. In late December, China also achieved global coverage with its BeiDou Navigation Satellite System. Only the U.S., Russia and the European Union had that capability.China aims to launch a Mars explorer in 2020 and complete its own Earth-orbiting space station around 2022.  In the back of Indian and Japanese officials’ minds is likely a stunning test China conducted in 2007. Beijing successfully destroyed one of its own weather satellites with a weapon, becoming only the third nation to pull off such a feat, after the Soviet Union and the U.S.

In December 2018, President Donald Trump ordered the Department of Defense to create a Space Command, widely seen as a precursor to a full-fledged Space Force.  There were 1,957 active satellites orbiting Earth as of Nov. 30, 2018 according to the Union of Concerned Scientists, a nonprofit U.S. advocacy group. America had the most by far, with 849, or 43% of the total. China was No. 2, with 284, followed by Russia with 152.  Japan and India had a combined 132 — 75 for the former and 57 for the latter.

Excerpts fromNUPUR SHAW India and Japan awaken to risks of superpower space race, Nikkei Asian Review, Jan. 8, 2019

The First to Shoot…from Space

North Korea’s preparations to launch a more advanced reconnaissance satellite with a high-resolution scanning capability threaten to push Asia’s space race deeper into the military theater.  The Kwangmyongsong-5 Earth-exploration satellite, likely to be packaged with a separate communications satellite, will technically allow North Korea to transmit data down to the ground for the first time, thus offering real-time intelligence for potential ballistic-missile strikes.

This is well short of the technological capacity needed to deploy orbital weapon systems, but will cause some unease among Asian power-brokers China, Japan and India as they pour money into the last strategic frontier of outer space.  Space programs in Asia have largely been driven by competition for the US$300 billion global commercial transponders market, which is expected to double by 2030 if demand holds.

A shift toward miniature satellites of less than 20 kilograms, mostly used by governments and smaller companies, has drawn nations as diverse as Singapore, Pakistan, Vietnam and South Korea into a field led by Japan and China, with India a more recent player.

Japan placed two satellites in different orbits for the first time on December 2017, displaying a technical edge aimed at reducing launch costs for commercial clients. India announced this week that it had successfully tested a GSLV Mark III rocket that can lift a 4-ton satellite into orbit. In 2017, it managed to launch 104 satellites of varying sizes in just one operation. China has loftier ambitions, including a lunar landing some time in 2018, after sending a roving module down a steep crater on the moon in 2013. About 40 Chinese launches are likely in 2018, mainly to boost communications.  India and Japan are both locked in undeclared space races with China that go well beyond commercial rivalries and have muddied the debate over North Korea’s shadowy aims….

“Militarization” refers to any systems that enhance the capability of forces in a conventional setting, such as intelligence, communications and surveillance. “Weaponization” is the physical deployment of weapons in outer space or in a ground mode where they can be used to attack and destroy targets in orbit.  The United Nations Treaty on Outer Space prohibits the deployment of weapons of mass destruction in space, but the US has blocked efforts to ban space weapons outright. In 2007, Washington said it would “preserve its rights, capabilities, and freedom of action in space.”

Excerpts from  ALAN BOYD,  Asia’s Space Race Gathers Pace, Asia Times, Jan. 6, 2018

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 – the Wild West

Space is a current and future battleground without terrain, where invisible enemies conceivably could mount undetectable attacks to devastating effect if the right deterrent and defensive plans aren’t pursued now, the assistant defense secretary for global strategic affairs told a think tank audience on Sept. 17, 2013  Madelyn R. Creedon spoke to a Stimson Center gathering whose audience included analysts focused on the question of deterrence in space. The center released a publication this week titled “Anti-satellite Weapons, Deterrence and Sino-American Space Relations,” presenting a number of essays examining various perspectives on space deterrence.

Creedon noted that in Defense Department parlance, deterrence is “the prevention of action by the existence of a credible threat of unacceptable counteraction and/or the belief that the cost of action outweighs the perceived benefits.” In other words, she said, if deterrence is effective, an adversary has or believes he has more to lose than to gain by attacking.  Deterrence remains a core defense strategy for the United States, she added, and the nation’s nuclear deterrent is “still alive and well.”  Creedon acknowledged that one classic approach to considering space deterrence — that is, preventing potential enemies from attacking U.S. or partner satellites and other military or economic assets in space — is to try to apply lessons learned during the Cold War. Then, the United States and the Soviet Union kept an uneasy diplomatic truce and piled up enough nuclear weapons to guarantee mutually assured destruction.

But one flaw to comparing the two deterrent challenges, she said, is that an attack that disables a satellite, unlike one from a nuclear warhead that flattens a major city, doesn’t threaten a nation’s existence. Another is that the two superpowers spent decades constructing an elaborate, mirrored, deterrent Cold War architecture and protocols, while space is still, comparatively, “the Wild West.” A third is that an attack in space or cyberspace may rely on digital rather than conventional weapons, and so could occur without warning or even detection.

“If there is an attack against a space asset, it isn’t visible,” she said. “You can’t watch it on CNN, and unless you’re directly affected by the capability that the space assets provide, you’re probably completely oblivious that the attack happened.”

She said DOD is developing and implementing what safeguards it can implement in space using four mutually supportive elements to deter others from taking action against U.S. assets:

— Working to internationalize norms and establish a code of conduct to enhance stability;

— Building coalitions to enhance security;

— Adding resilience to U.S. space architectures; and

— Preparing for an attack on U.S. and allied space assets using defenses “not necessarily in space.”

“We believe this four-element approach … will bolster deterrence,” Creedon said.

The department is working with the State Department and international partners to define elements of good behavior in space, she said. “States must remain committed to enhance the welfare of humankind by cooperating with others to maintain the long-term sustainability, safety, security and stability of the outer-space environment,” she added.  Creedon said work is underway to build deterrent coalitions and increase space awareness. She said the “Five Eyes” nations, which include the United States, United Kingdom, Canada, Australia and New Zealand, are extending their intelligence cooperation to expand their collective space situational awareness…

The United States is meanwhile working to lower the benefit to potential attackers by employing more satellites, participating in satellite constellations with other countries and purchasing payload space on commercial satellites when feasible.  Creedon said the U.S. approach to space deterrence is similar to its strategy in any domain: take “prudent preparations to survive, and to operate through, and, hopefully, prevail in any conflict.”

By Karen Parrish, Official Describes Evolution of Space Deterrence, American Forces Press Service, Sept. 19, 2013

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