Common Security in Outer Space and International Law
by Detlev Wolter
As long as the US government is fundamentally challenging international law, it appears hopeless to call for its and the peaceful use of outer space. With his comprehensive study CommonSecurity in Outer Space and International Law, Detlev Wolter has created a compendium for international space law which facilitates the access to a wealth of literature and enters conceptual new ground.
Wolter’s historical perspective shows that during the Eisenhower era in 1957, the USA submitted a memorandum on arms control in space to the UN to ensure that outer space would be used exclusively for peaceful purposes. Despite the Outer Space Treaty, the military use of space continues until today but a weaponization of space can still be prevented. Against the imperatives of power and particular interests, Wolter’s focus is the “Common Heritage of Mankind.“ He emphasizes the application of the concept of “Common Security” developed by Egon Bahr and Dieter Lutz, then assesses alternative proposals by governments and non-governmental organizations, including those for a space weapons ban by US and German scientists.
The legal standards and criteria present the basis for an evaluation of the missile defense plans of the Bush Administration which contributed to the abrogation of the Anti-Ballistic Missile Treaty in 2002. With the threat scenarios of a Pearl Harbor in space and the quest of the US Space Command for space dominance, the Outer Space Treaty is at stake. As an alternative, Wolter substantiates the common security interests as a chance for a cooperative strategy change which includes: “the prohibition of active military uses of a destructive nature in the common space; a comprehensive package of confidence-building measures with multilateral satellite monitoring and verification systems as well as a protective regime for peaceful space objects based on immunity rules for satellites, such as a ‘rules of the road’ and a ‘code of conduct’.” He suggests the negotiation of a multilateral “Treaty on Common Security in Outer Space,” accompanied by the establishment of an International Organisation which will monitor the implementation of the agreement.
It is desirable that this approach finds its way into the negotiations at the Geneva Conference on Disarmament on the Prevention of an Arms Race in Space which has been blocked for many years. The general aims are shared by many states.
United Nations Institute for Disarmament Research (UNIDIR), Geneva, 2006, ISBN 9-789290-451778, US$ 32
