1 / 7

Analyzing International Reactions to Soft Law Initiatives on Space Security

Analyzing International Reactions to Soft Law Initiatives on Space Security. Ben Baseley-Walker Advisor- Security Policy and International Law bbw@swfound.org. The Current International Space Climate. Diversification of actors Commercial sector Emerging space States The haves and have-nots

selena
Download Presentation

Analyzing International Reactions to Soft Law Initiatives on Space Security

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Analyzing International Reactions to Soft Law Initiatives on Space Security Ben Baseley-Walker Advisor- Security Policy and International Law bbw@swfound.org

  2. The Current International Space Climate • Diversification of actors • Commercial sector • Emerging space States • The haves and have-nots • Diplomatic environment in many ways still thinks in a “Cold War” paradigm – is this reflective? • Space is no longer a ring-fenced issue 2

  3. The Purpose of Regulation • Build predictability, stability and ensure continued utility • UN Debris Guidelines – is State-by-State domestication sufficient? • Can we build a treaty in the current political climate? • What are we trying to achieve? • Holistic diplomatic and policymaking understanding on this issue is, at best, limited. 3

  4. The Fora Conundrum • Where can cross-cutting space security initiatives be discussed? • The experience of the EU initiative for an international Code of Conduct for space activities • CD • Deadlocked • Body not particularly technically knowledgeable • COPUOS • No security aspects • Does that suffice? • A regime outside of the UN framework • Legitimacy? • Universal Adherence? • The commercial sector • The Space Data Association 4

  5. Given the unique physics of space, what is the value of an instrument with a limited number of signatories? 5

  6. Soft Law and State Equity • “Codes of conduct, as a modality of regulation international activities, are a relatively new tendency, conceived as a midway solution when there is no clear agreement on a fully legal instrument. By not being legal binding, compliance is based solely on the good will of States that wish to declare their observance to it. In the specific area of disarmament, Codes of Conduct would not suffice as effective arrangements because they lack important features needed in an international security instrument, besides being elaborated in a restricted forum not open to all States.” • Ambassador Luiz Filipe de Macedo Soares, Permanent Representative of Brazil to the CD 6

  7. Conclusions • “Soft law” initiatives help build international understanding of space issues at the diplomatic and policymaking levels • Play a key role in building confidence and in building understanding on where “red lines” lie • Many governments, including those of established space States, do not yet have clear picture of how they wish to approach the current realities of a highly globalized space environment with profound national security implications. • Focus should be on results as opposed to process • If soft law suffices, there is no need for a hard law instrument 7

More Related