ABSTRACT

Unimpeded access to outer space and unrestricted freedom to use outer space and celestial bodies provide a tempting opportunity for a technologically advanced country to seize control of outer space and deny freedom of use to other countries that stand in its way. This chapter considers whether and to what extent military control of outer space is lawful under the peacekeeping legal regime of the United Nations, as well as under the space law treaties and general international law. The danger of military use of outer space is rapidly increasing as states continue to develop technology capable of operating in outer space. In interpreting the Outer Space Treaty at present times it is important to know and take into consideration that the two space powers, the USA and the then Union of Soviet Socialist Republics (USSR), were the major moving parties in the negotiations of the Treaty.