A Study on Application of SELF-DEFENSE in Outer Space
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In the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies(OST) Article 4 states that the moon and other bodies should be used solely for peaceful purposes. Since there is no definition of peaceful purposes in this treaty, opinions are opposed in the interpretation of Article 4. Apart from the conflicting views on these interpretations, countries have been using the outer space fore military and security purposes, and no country strongly opposes the practices of these countries. In particular, the Draft International Code of Conduct for Outer Space(ICOC) prepared by the EU has made explicit reference to the military use of outer space, and has also referred to the right to self-defense. Although the draft was not even addressed by the conflicting opinions of the different countries, it would have been an international document formulating the military and self-defense use of outer space if adopted. Based on this situation, this paper will focus on the international legal basis for the applicability of the right to self-defense in outer space.
Abstract
In the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies(OST) Article 4 states that the moon and other bodies should be used solely for peaceful purposes. Since there is no definition of peaceful purposes in this treaty, opinions are opposed in the interpretation of Article 4. Apart from the conflicting views on these interpretations, countries have been using the outer space fore military and security purposes, and no country strongly opposes the practices of these countries. In particular, the Draft International Code of Conduct for Outer Space(ICOC) prepared by the EU has made explicit reference to the military use of outer space, and has also referred to the right to self-defense. Although the draft was not even addressed by the conflicting opinions of the different countries, it would have been an international document formulating the military and self-defense use of outer space if adopted. Based on this situation, this paper will focus on the international legal basis for the applicability of the right to self-defense in outer space.
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