UNITED NATIONS SECURITY COUNCIL

Disarmament of Space

The People’s Republic of China

Background of the Topic

Outer space is the common heritage of the mankind. The exploration and utilisation of outer space for peaceful purposes is a universal aspiration and demand of the international community. For more than half a century, the development of space technology has enormously facilitated the economic, scientific and social progress of all nations. Meanwhile, it has also stimulated the research and development of outer-space-related weaponry and military technologies. Various combat theories and concepts related to space warfare have been unveiled. Outer space is faced with the danger of weaponisation and arms race.

Various instances of probable arms race have come to light in the previous years. The Sentinel Programme (1963), the Safeguard Programme (1967) and the Strategic Defence Initiative (1983) of the United States may be considered as stepping stones to future arms race. Moreover, NASA plans on using the Moon as its pit stop to further its Mars Mission Programme. The Cold War had the US and the then USSR in a space race involving enhancement of technology and exploration of space. It could well have transformed into a Space Arms race had nuclear technology been more developed at that point of time. With more and more countries entering the Space Programmes scenario, like Germany, India, North Korea, Taiwan, Israel etc., the probability of an arms race increases manifold.

Such a scenario, if comes true, will destroy the tranquillity of outer space, undermine the international security, and hamper mankind’s activities in the peaceful uses of outer space. This is not in the interests of any country, be it a country with advanced space technology or a developing country. Therefore, the prevention of the weaponisation of and an arms race in outer space has become a pressing task for the entire international community.

Given the current situation, it is our view that immediate action is needed to initiate the negotiation on a legal instrument that can forestall this potent danger that we are all faced with. This will involve the cooperation of all the Party States of the UN General Assembly and especially those of the Permanent and Non-Permanent members of the UN Security Council.

UN Involvement

Following the successful launch of the Sputnik in 1958, the United Nations Organisation has been aware of the limitless possibilities provided by outer space, both peaceful and military. In light of this, the UN has taken appropriate measures as and when required, the very first step being the setting up of CUPUOS.

The Committee on the Peaceful Uses of Outer Space was set up by the General Assembly in 1959 (resolution 1472 (XIV)) to review the scope of international cooperation in peaceful uses of outer space, to devise programmes in this field to be undertaken under United Nations auspices, to encourage continued research and the dissemination of information on outer space matters, and to study legal problems arising from the exploration of outer space. Till date, there are sixty nine Member States in the Committee.

COPUOS oversees the implementation of five treaties and agreements:

1.     "Outer Space Treaty" - The Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies

2.     "Rescue Agreement" - The Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space

3.     "Liability Convention" - The Convention on International Liability for Damage Caused by Space Objects

4.     "Registration Convention" - The Convention on Registration of Objects Launched into Outer Space

5.     "Moon Treaty" - The Agreement Governing the Activities of States on the Moon and Other Celestial Bodies

The Outer Space Treaty was considered by the Legal Subcommittee in 1966 and agreement was reached in the General Assembly in the same year (resolution 2222 (XXI). The Treaty was largely based on the Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space, which had been adopted by the General Assembly in its resolution 1962 (XVIII) in 1963, but added a few new provisions. The Treaty was opened for signature by the three depository Governments (the Russian Federation, the United Kingdom and the United States of America) in January 1967, and it entered into force in October 1967. So far, 99 countries have signed the treaty. 26 have signed it but not ratified it.

·       It bars States Parties to the Treaty from placing nuclear weapons or any other weapons of mass destruction in orbit of Earth, installing them on the Moon or any other celestial body, or to otherwise station them in outer space.

·       It exclusively limits the use of the Moon and other celestial bodies to peaceful purposes and expressly prohibits their use for testing weapons of any kind, conducting military manoeuvres, or establishing military bases, installations, and fortifications (Art.IV).

·       However, the Treaty does not prohibit the placement of conventional weapons in orbit. The treaty also states that the exploration of outer space shall be done to benefit all countries and shall be free for exploration and use by all States. The treaty explicitly forbids any government from claiming a celestial resource such as the Moon or a planet, since they are the Common heritage of mankind. http://en.wikipedia.org/wiki/Outer_Space_Treaty - cite_note-1

·       Art. II of the Treaty states that "outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means". However, the State that launches a space object retains jurisdiction and control over that object and hence the responsibility of its actions.

Till date, the Outer Space Treaty stands as the sole major Treaty preventing an arms race in outer space. The other Treaties help in maintaining this peaceful status quo, by preventing conflicts on minor grounds.

The UN General Assembly has adopted resolutions of "Prevention of An Arms Race in Outer Space" (PAROS) by overwhelming majority since 1984.

The Conference of Disarmament (CD) was formed in 1979 as the single multilateral negotiating body of the international community devoted to disarmament. The CD has a special relationship with the United Nations. The CD reports to the UN General Assembly and is funded by the UN budget, but it adopts its own rules of procedure and its own agenda, taking into account the recommendations made by the General Assembly and the proposals presented by its members. The CD has been witness to several deadlocks with respect to the PAROS. Program of Work of the CD in May 2009 establishes a Working Group entitled "Prevention of an Arms Race in Outer Space" to discuss substantively all issues related to the prevention of an arms race in outer space.

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