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Outer Space
Developing a new outer space treaty

Negotiations of a new outer space treaty
Also see the PDF fact sheet.

For many years, a ban on weapons in outer space has been a potential subject for disarmament negotiations within the United Nations. Several multilateral UN fora have taken up the issue:

United Nations General Assembly
The United Nations General Assembly is consensus-building body, where issues of international peace and security are collectively discussed among all UN member states. Its regular session convenes in September of each year, and after two weeks of General Debate, it breaks up into six specialized committees. Every member state is entitled to participate in each of the committees, where they consider proposals relevant to the substantive topics covered by the committee, and recommend resolutions for adoption by the General Assembly. While these resolutions are not legally binding, they can be normative—that is, they can indicate the establishment of customs, standards, and guidelines for appropriate behavior. Resolutions adopted by consensus also indicate substantive areas of agreement that are ripe for negotiation and can enable the creation of new treaties and the emergence of international legal norms. Furthermore, they demonstrate global governmental opinion, showing which governments support peace and security, and which choose to remain outside of or even impede the development of international cooperative security.

The General Assembly's work on disarmament is conducted through one of its main committees, the First Committee on Disarmament and International Security. Each year in the First Committee and then again in the General Assembly as a whole, a resolution on the prevention of an arms race in outer space (PAROS) is introduced and adopted by an overwhelming majority of UN member states. In fact, every country in the world votes in favor of  negotiating a treaty on PAROS—except for the US, which has voted “NO” for the past three years, and Israel, which has abstained. The US administration argues that the existing multilateral arms control regime is sufficient, and that there is no need to address a non existent threat. As one US representative said in 2006, “there is no—repeat, no—problem in outer space for arms control to solve.”

The PAROS resolution reaffirms the importance of the 1967 Outer Space Treaty, saying that PAROS efforts are in conformity with that Treaty. However, the resolution also notes that the current outer space legal regime “does not in and of itself guarantee the prevention of an arms race in outer space.” The PAROS resolution calls for states, especially those with space capabilities, to refrain from actions contrary to the objective of PAROS and to “contribute actively” to that objective. It argues for consolidation and reinforcement of the outer space legal regime, and says the Conference on Disarmament (see below) is the place for a new treaty on PAROS to be negotiated.A PAROS treaty would complement the 1967 Outer Space Treaty, which aims to preserve space for peaceful uses, if it prevented the use of space weapons and the development of space-weapon technology and technology related to so-called “missile defense.” A PAROS treaty would also prevent any nation from gaining a further military advantage in outer space and would hopefully reduce current military uses of outer space.

In recent years, the UN General Assembly has started to move beyond merely calling on the Conference on Disarmament to commence negotiations on PAROS, to recommending measures on transparency and confidence-building in outer space. Many states have called on space-capable states to guarantee transparency in their outer space activities and to engage in confidence-building measures. In 2005, 2006, and 2007, Russia has introduced a resolution on transparency and confidence-building measures in outer space activities. As with the PAROS resolution, the overwhelming majority of member states vote in favour of this resolution, with only the US objecting and Israel abstaining.

In 2007, the UN Secretary General released a report on “Transparency and confidence-building measures in outer space,” which contained perspectives on the matter from Austria, Bangladesh, Kenya, and Portugal on behalf of the European Union. The European Union proposed the development of a comprehensive code of conduct on space objects and space activities, and suggested guidelines for the general principles, scope, and participation for such a code. The EU is planning to submit a code of conduct to the Conference on Disarmament for further consideration.

Please see RCW's First Committee Monitor for annual "progress" on negotiating a PAROS treaty at the United Nations.

Conference on Disarmament (CD)
PAROS has been a longstanding agenda item in the CD, the primary body where UN disarmament treaties are negotiated. The Conference established an “ad hoc committee” on PAROS in 1985 to examine and identify “through substantive and general consideration, issues relevant to [PAROS].” This committee lasted until 1994, though it made little progress. Annual CD reports suggested that the Western group of states, and in particular one state—presumably the United States—had been blocking the negotiation of a treaty banning weapons in space, or a treaty banning anti-satellite weapons, despite having made a proposal along these lines in 1981 that helped lead to the establishment of the ad hoc committee. The US stated openly in 1990 that it “has not identified any practical outer space arms control measures that can be dealt with in a multilateral environment.”

The CD did not reestablish the ad hoc committee in 1995. Since negotiating the Comprehensive Test Ban Treaty in 1996, the CD has been unable to reconvene any ad hoc committee or pursue negotiations on any subject. Despite this deadlock, certain states, particularly Russia and China, have continued to push for the CD to negotiate measures related to PAROS. In 2002, they submitted a joint working paper on “Possible Elements for a Future International Legal Agreement on the Prevention of the Deployment of Weapons in Outer Space, the Threat or Use of Force Against Outer Space Objects.”

In 2008, Russia and China submitted a draft treaty for a ban on weapons in outer space to the CD, based on the elements outlined in their 2002 working paper. The US administration dismissed the proposal out-of-hand, characterizing the offer to make preserve space for peaceful uses “a diplomatic ploy by the two nations to gain a military advantage.” (See fact sheet on the draft treaty for more information.)

Please see RCW's CD Report for annual "progress" on negotiating a PAROS treaty at the United Nations.

UN Committee on Peaceful Uses of Outer Space (COPUOS)
Also referred to as the Outer Space Committee, COPUOS was established in 1959 by the UN General Assembly in resolution 1472 (XIV) to review international cooperation in and devise UN programmes related to the peaceful use of outer space, encourage research and dissemination of information on outer space, and consider legal issues arising from the exploration of outer space. The Committee, which has 67 member states, and its two subcommittees—the Scientific and Technical Subcommittee and the Legal Subcommittee—meet annually in Vienna and their decisions are implemented by the UN Office for Outer Space Affairs.

In June 2007, COPUOS adopted debris mitigation guidelines, which had been developed by a working group on space debris in the Scientific and Technical Subcommittee over the past few years. The guidelines include measures to be considered for mission planning, design, manufacture, and operational (launch, mission, and disposal) phases of spacecraft and launch vehicle orbital stages. Member states have pledged to implement these guidelines within their national licensing or other applicable mechanisms “to the greatest extent feasible.”

The 2007 session of COPUOS also agreed on a draft resolution on the practice of states and international organizations in registering space objects to be submitted to the General Assembly, and approved a workplan for the United Nations Platform for Space-based Information for Disaster Management and Emergency Response (UN-SPIDER).

Critical Issues of PAROS

Key players
There are multiple players in the space debate, each having a political, economic, or moral stake in the future of outer space. The United States is one of the states that is blocking progress of PAROS. In June 2002, the Anti-Ballistic Missile Treaty was abrogated by the US, who argued the treaty would restrict testing for their proposed missile defense system. The 1997 USSPACECOM document "Vision for 2020" outlined a new military vision to dominate the space dimension and integrate space forces, in order to acquire "full spectrum dominance". The position of USSPACECOM has an influential supporter in the current Secretary of Defense. China and Russia continue developing working papers and sponsoring conferences on PAROS (see their updated working paper on PAROS from the 2007 CD session). To start negotiating on this issue is their clear priority in the Conference on Disarmament. Other states that have extensive activities in space include India, Pakistan, Brazil, and the EU.

There are no weapons in outer space
The United States and the United Kingdom do not want to recognize the importance of a treaty that prevents weaponization in outer space since there are no weapons in outer space yet. They argue that it's pointless to work on something that doesn't exist and that the Conference on Disarmament should focus on other issues like the Fissile Material Cut-Off Treaty. Many states have expressed that it is important to take action just for that reason. It is a much easier task to prevent an arms race in outer space then to control it once started. Sri Lanka characterized the importance of preventing an arms race in outer space, asking, "Can we really afford an expensive competition in outer space when there remain so many other challenges before as such as poverty, hunger, disease and deprivation?"

Definitions
One of the dangers in outer space is that almost anything can be used as a weapon. It does not take more than a tiny rock (or a random piece of space debris) to destroy important satellites or other devices. The United States argues that the inability to define space weapons is the main barrier to a treaty that prevents them.

Russia and China have produced a working paper (CD/1679) where they discuss definitions of related concepts like Outer Space, Space Weapons, Space Objects and Peaceful Use of Outer Space. They also points out that a future PAROS treaty might not need specific definitions, as it would be so difficult to reach agreement on them. The Outer Space Treaty and the Moon Agreement do not have specific definitions and this has not lead to any legal disputes.

Preventing the placement of weapons in outer space
During a presentation to the 2007 First Committee, Magnus Hellgren of Sweden explained some of the different definitions and issues that have been discussed in developing a potential treaty on preventing the placement of weapons in outer space (PPW).

Verification
Verification of a PAROS treaty or PPW treaty would be difficult. Even Russia and China admit that it would be a complex issue and might have to be postponed in order to move forward with negotiations. China stated in the Conference on Disarmament, "Due to the complex nature of verification of outer space activities, which bears on the security interest of all countries, as well as to technical and financial constraints of verification, currently it is extremely difficult to negotiate a verification provision. For the time being, to put on hold the verification issue until conditions are ripe, and to negotiate a treaty without verification provisions could be a practical alternative."

Russia concurred, "Elaborating the treaty without verification measures, which could be added at a later stage, might be a preferable option. Transparency and Confidence Building Measures could, for a certain period of time, compensate for the lack of verification measures in the new treaty."

Russia and China tabled a working paper on verification aspects of PAROS on 22 May 2006 at the CD.

Transparency and confidence-building measures
Transparency and confidence-building measures (CBMs) are a good step towards enhancing trust and international cooperation among states. They facilitate management of situations which could otherwise lead to international tension. Most states acknowledge that Confidence Building Measures do not replace verification but may function as a start to a step-by-step approach on preventing the weaponization of outer space. Working paper (CD/1778) was presented by Russia and China to the CD, suggesting different types of CBMs, including: exchanges of information, demonstrations, notifications, consultations and thematic workshops.

Recent proposals and responses
Also see the PDF fact sheet.

A treaty on the prevention of an arms race in outer space (PAROS)
Through resolutions and discussions within the United Nations, a general agreement has developed that an arms race in outer space should be prevented. However, due to the structure of the international legal regime and to the objection of a (very) few states, a treaty has not yet been negotiated to comprehensively prevent the deployment of weapons in space or to prevent an arms race in outer space. The United States systematically argues that an arms race in outer space does not yet exist, and it is therefore unnecessary to take action on the issue. The rest of the international community agrees that, because there is not yet an arms race, now is the time to prevent weaponization of space.

A treaty on the prevention of placement of weapons in outer space (PPWT)
Some delegations and experts have argued that PAROS is not the most relevant term or treaty to pursue. Discussion in the Conference on Disarmament (CD) has recently focused instead on a treaty to prevent the placement of weapons in outer space. Changing the language in this way circumvents the US argument against PAROS, though it doesn't solve questions of definitions over where outer space begins, what type of weapons should be prohibited, or if the treaty would be verifiable.

On 12 February 2008, Russia's Foreign Minister, Sergey Lavrov, addressed the Conference and presented a joint Russia-China draft Treaty on the Prevention of the Placement of Weapons in Outer Space, the Threat or Use of Force against Outer Space Objects (PPWT). It is the first draft treaty on this issue formally introduced to the CD, though it is based on elements proposed in a working paper to the CD in June 2002 by Russia, China, Viet Nam, Indonesia, Belarus, Zimbabwe, and Syria. Minister Lavrov explained the draft treaty is designed “to eliminate existing lacunas in international space law, create conditions for further exploration and use of space, preserve costly space property, and strengthen general security and arms control.”

Overview of the draft treaty
The preamble of both the 2002 paper and the draft treaty emphasizes the need to keep outer space free from “military confrontation” and open to peaceful uses and exploration for the “development of humankind”. It also notes that while existing arms control and disarmament agreements relevant to outer space “play a positive role ... in regulating outer space activities,” they are insufficient to “effectively prevent the placement of weapons and an arms race in outer space.” It argues for “examination of further measures in the search for effective and verifiable bilateral and multilateral agreements in order to prevent an arms race in outer space.”

The draft treaty’s articles expand upon the elements contained the 2002 working paper. It defines certain terms, such as “outer space,” “outer space object,” and “weapons in outer space.” It specifies that the latter means
any device placed in outer space, based on any physical principle, specially produced or converted to eliminate, damage or disrupt normal function of objects in outer space, on the Earth or in its air, as well as to eliminate population, components of biosphere critical to human existence or inflict damage to them.

It subsequently explains, “a weapon will be considered as ‘placed’ in outer space if it orbits the Earth at least once, or follows a section of such an orbit before leaving this orbit or is stationed on a permanent basis somewhere in outer space,” and describes “use of force” or “threat of force” as meaning any hostile action against outer space objects including, inter alia, those aimed at their  destruction, damage, temporarily or permanently injuring normal functioning, deliberate alteration of the parameters of their orbit, or the threat of these actions.

The draft goes on to explain that states parties to the treaty undertake not to place in orbit “any objects carrying any kind of weapons,” not to install them on celestial bodies or other space structures, not to use or threaten to use force against outer space objects, and not to encourage any other parties to do so. It emphasizes the treaty will not impede the rights of states parties “to explore and use outer space for peaceful purposes in accordance with international law.” For matters of transparency and compliance, the draft provides for voluntary confidence-building measures. On verification and compliance enforcement, the draft provides for the possibility of subsequent negotiation of an additional protocol and for the establishment of an executive organization for the treaty, which will consider complaints of treaty violations, organize and conduct consultations with states parties, and “take measures to put an end to the violation of the Treaty by any State Party.”

Analysis of the draft treaty
The draft treaty does not settle all of the questions government and non-government experts have asked over the years, such as:

What implications will the current militarization of space have for this treaty? Space has been militarized since the earliest communication satellites were launched; today, militaries all over the world rely heavily on satellites for command and control, communication, monitoring, early warning, and navigation. Most states accept that “peaceful purposes of outer space” include military uses, even those which are not at all peaceful—such as using satellites to direct bombing raids or to orchestrate a “prompt global strike” capability. The use of space objects to conduct war on Earth is not addressed by this treaty.

The militarization of space also presents many problems of “dual use technologies”—some space objects can be used for commercial or military purposes or as weapons. The draft treaty does not address how it will deal with dual-use space-based objects. Would any space object that can be maneuvered to intentionally crash into another space object be considered a space weapon? It is advertised as an autonomous rendezvous space-based object intended to fix other space objects, but its capacity to maneuver around another satellite also allows it to disable or destroy its target.

Many experts have asserted a treaty should also ban ground-based weapons aimed at attacking space assets, including ground-based ballistic missile defense systems. However, intercontinental ballistic missiles and missile interceptors, which could be used to attack space objects, travel on a sub-orbital trajectory. While some might travel through space, they never maintain sufficient velocity to achieve orbit. The draft treaty says states parties shall not “resort to the threat or use of force against outer space objects,” but it does not restrict the development, testing, or deployment of missile defense systems or other ground-based anti-satellite systems, only systems placed in orbit or installed on structures or bodies in outer space.

The draft treaty does not ban development or testing of space weapons, only their use. So then, would China’s test in January 2007 of an anti-satellite weapon or the US shoot-down of a failed satellite in 2008 be considered a violation of the treaty? If states are allowed to continue developing and testing weapons, won’t this defeat the stated purpose of the treaty—which is ostensibly “strategic stability” and “political equilibrium”.

There are many diverging opinions on verification of a PPWT: some have argued for a normative treaty without verification provisions, others say it cannot be effectively verified, and some argue that verification should not be separated from other aspects of the treaty and that it should be addressed in the course of negotiations. The indication that verification “may” be covered by an additional protocol suggests the possibility of no or limited verification measures.

Media reaction
The mass media presented the introduction of the draft treaty as a “showdown” between the United States and Russia/China over “competing international treaties, one banning the production of nuclear materials and the other trying to prevent an arms race in space.” The Washington Times quoted an unidentified US official as saying, “We put our FMCT [fissile materials cut-off treaty] draft forward in May 2006 and have been pushing it all along, before there was any talk of a treaty on outer space.” This statement is incorrect, because an ad hoc committee on PAROS was established in the CD in 1985, the UN General Assembly has adopted annual resolutions on PAROS with an overwhelming majority for over twenty years (according to China’s Foreign Minister Yang Jiechi), and Russia and China introduced possible elements for a PAROS treaty in 2002 (see above).

The Washington Times further (mis)reported, “Now Russia and China have linked negotiations on the FMCT” to the PPWT. Russia and China actually used to link the two items, and if they did so now it would be nothing new, as the Times suggests it is. However, in 2007 Russia agreed to adopt the compromise programme of work proposed by the CD's rotating presidents, which called only for negotiations on an FMCT, thus dropping its linkage to PAROS. The Chinese delegation rejected this programme of work, and continues calling for a “balanced and comprehensive programme of work,” though it has not specifically demanded simultaneous negotiations this year.

The Associated Press reported that Washington called the introduction of the draft “a diplomatic ploy by the two nations to gain a military advantage,” and said Russian Foreign Minister Sergey Lavrov’s introduction of the treaty “came with an implied threat.” It noted Minister Lavrov’s comment “that the nuclear arms race was started with a view to preserving the monopoly to this type of weapons [sic], but this monopoly was to last only four years,” implying Lavrov meant Russia would “catch up” to the United States in developing space weapons just as it did with nuclear weapons. However, unreported by the Associated Press, Lavrov went on to lament the waste of material and other resources on weapons “at the expense of finding solutions to the problem of development.”

In addition, the Associated Press reported, “Washington rejects the [draft treaty] because it feels it is only directed at U.S. military technology and allows China and Russia to fire ground-based missiles into space or use satellites as weapons of war.” This statement exemplifies the spin put on issues that challenge US military dominance—the draft treaty would prohibit the use of space-based weapons by all states parties, not just the United States, and does not limit any state party’s use of ground-based missiles, not even the United States’.

The Associated Press article goes on to report, “The U.S. says it is committed to ensuring the use of space for peaceful purposes, but insists that it will pursue programs to ensure that its satellites and other spacecraft are protected.” However,  the US delegation stood alone in voting against the annual PAROS resolution in the UNGA in 2005–2007, and released a National Space Policy in October 2006 opposing “the development of new legal regimes or other restrictions that seek to prohibit or limit US access to or use of space,” and arguing it will continue to “dissuade or deter others from impeding [its right to operate in space] . . . and deny, if necessary, adversaries the use of space capabilities hostile to US national interests.” In addition, its programs to “protect” its satellites and other spacecraft include some of the most aggressive technologies yet to be unleashed on the international community. Minister Lavrov noted in his introduction

It is well known that there is inseparable relationship between strategic offensive and defensive armaments ... The desire to acquire an anti-missile “shield” while dismantling the “sheath”, where the nuclear “sword” is kept is extremely dangerous. And if one also places on the balance pan the “global lightning strike” concept providing for striking with nuclear and conventional strategic means targets in any point of the Globe in a matter of an hour after a relevant decision has been made, the risks for strategy stability and predictability become more than obvious.

Response to the draft treaty in the CD
Response to the draft in the CD has been limited, though several delegations have publically offered their perspectives in plenary meetings:

Argentina: On 3 March, Argentina's Foreign Minister Mr. Jorge Taiana welcomed the draft treaty. He suggested it could be fruitful to establish an ad hoc committee on the issue to explore it further.

Algeria: On 14 February, Algeria's Ambassador Hamza Khelif took note of draft PPWT, and indicated his delegation has communicated it to their capital for consideration. He said he would like discussions on the issues of outer space to provide sufficient time to examine the proposal. However, the draft PPWT is based on elements proposed in 2002 and on substantive discussions that took place in the CD in 2006 and 2007—it should not be new information for capitals.

Brazil: On 14 February, Ambassador Paranhos of Brazil welcomed the draft PPWT. In the past, the Brazilian delegation has been a strong proponent in the CD of preventing the weaponization of outer space, and in his farewell statement, Ambassador Paranhos said, “It is of utmost importance that this negotiating forum takes the lead in ensuring that the outer space remains a peaceful domain.”

Canada: On 12 February, welcoming “Russia’s efforts to energize discussions” on PPW, Canada’s Ambassador Grinius said his delegation had “submitted detailed comments” on the draft. He also highlighted the Hague Code of Conduct (HCOC) as “a valuable and existing” transparency and confidence-building measure (TCBM) and suggested it would be unrealistic to create TCBMs ones when “existing ones ... are regrettably falling into disuse.” Ambassador Grinius also argued, “the dividing lines between civil and military issues in space are increasingly irrelevant in practical terms,” and called for greater cooperation among the UN’s space-related institutions and between the UN Committee on the Peaceful Uses of Outer Space and the CD.

European Union: On 28 February, Mr. Jerman of Slovenia, on behalf of the European Union, said work is needed to achieve consensus on definitions and an “effective and robust verification system” for an outer space security treaty. He argued, “it is not sufficient to only refer to a possible future additional protocol” as suggested in the draft PPWT. In the meantime, Mr. Jerman said, the EU “wishes to focus on a pragmatic and incremental approach,” through transparency and confidence-building measures. The EU plans to present these measures to the CD for discussion. They will presumably be based on the concrete proposals that the EU submitted to the Secretary-General, which were included in his report of 17 September 2007.

Germany: On 19 February, Ambassador Bernhard Brasack of Germany welcomed the draft treaty. He argued, “Clear delimitations between purely peaceful uses and distinct military uses have become a meaningless fiction. Just as an example: Space tracking and surveillance capabilities for monitoring debris, following satellites for avoiding potential collisions, inherently also have a potential for offensive space applications.” With this in mind, Ambassador Brasack suggested elaboration through discussion on three issues “not yet sufficiently covered by the draft”: the relationship between a potential new instrument and the existing ones, particularly the Outer Space Treaty; the dangers posed by the development and testing of anti-satellite weapons; and compliance and verification mechanisms. He also remarked, however, that “meaningful discussions” in the CD on space security issues “will only be possible if the CD agrees to a Programme of Work.”

Group of 21: On 28 February, speaking on behalf of the Group of 21, Syria’s Ambassador Faysal Khabbaz Hamoui raised concerns over the inadequate existing legal instruments “to deter further militarization of outer space or prevent its weaponization” and emphasized the necessity of further measures that effectively provide for verification. He further lamented the development of missile defense systems and other “advanced military technologies ... which have, inter alia, contributed to the further erosion of an international climate conducive to the promotion of disarmament and the strengthening of international security.” Ambassador Hamoui argued, “it is time to start negotiation in the Conference on Disarmament on matters related to the Prevention of Arms Race in Outer Space,” and referred to UNGA Resolution 62/20, which recommends the establishment of an ad hoc committee in the CD in 2008. He said the draft treaty submitted by Russia and China “is a good basis for further discussion toward adopting an international binding instrument.”

Kazakhstan: On 4 March, the Foreign Minister of Kazakhstan welcomed the draft treaty in the CD.

Malaysia: On 14 February, Malaysia's Ambassador Hsu King Bee said the draft PPWT is “a positive step,” and expressed hope “that the CD would set an objective to approach the issues in a comprehensive manner, engaging in structured substantive discussions with a view for an early commencement of negotiations, for an international legally binding treaty.” She also proposed the “establishment of Ad Hoc Committee with the appropriate mandate agreeable to all,” and called for a “moratorium on the testing of all kinds of weapons and on the deployment of weapons in outer space.”

Netherlands: On 4 March, the Foreign Minister of the Netherlands welcomed the draft treaty in the CD.

Romania: On 4 March, the Foreign Minister of Romania welcomed the draft treaty in the CD.

Sri Lanka: On 12 February, Sri Lanka’s Ambassador Dayan Jayatilleka congratulated China and Russia’s collaboration on the draft PPWT and “did not see why a fissile material treaty should take priority over the draft treaty submitted.”

Switzerland: On 14 February, Ambassador Jürg Streuli of Switzerland welcomed the draft treaty, though he said, “a number of technical and legal points still needed to be worked out,” and recognized the need to overcome “significant political obstacles.”

Ukraine: On 4 March, the Foreign Minister of Ukraine welcomed the draft treaty in the CD. Minister Khandogiy suggested that substantial discussion on outer space in the CD should focus on providing greater transparency of space programmes; expanding the scope of information about space objects in orbit; and developing rules of behaviour while performing activities in space, including establishing a Code of Conduct.

United States: On 19 August, the United States delegation to the CD circulated its response to the draft PPWT. In turn, Reaching Critical Will responded to the US analysis in the 2 September CD Report.

To stay up-to-date with this issue and all others at the Conference on Disarmament, subscribe to RCW's CD Report by emailing the project associate with the subject line "subscribe cdreport".

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