THE FINAL FRONTIER: A LEGAL ANALYSIS ASSESSING THE RELEVANCE AND EFFICACY OF THE PRINCIPLE OF NON-USE OF FORCE IN OUTER SPACE

AUTHOR – KARTAVYA RAJPUT, STUDENT AT THE WEST BENGAL NATIONAL UNIVERSITY OF JURIDICAL SCIENCES, KOLKATA

BEST CITATION – KARTAVYA RAJPUT, THE FINAL FRONTIER: A LEGAL ANALYSIS ASSESSING THE RELEVANCE AND EFFICACY OF THE PRINCIPLE OF NON-USE OF FORCE IN OUTER SPACE, INTERNATIONAL JOURNAL OF SPACE LAW AND POLICY (IJSLP), 2 (1) OF 2024, PG. 39-51, APIS – 3920 – 0014 & ISSN – 2584-1955.

Abstract

The domain of outer space is unexplored not only in the scientific context but also in the legal context. Many countries are developing anti-satellites to eliminate probable dangers arising out of the operation of other satellites. Not only this, but every space-faring nation launches dual-use space satellites to slyly militarize outer space under the garb of commercial use and scientific exploration. This paper intends to undertake a comprehensive analysis of the legal jurisprudence pertaining to space militarization, non-peaceful use of outer space, and use of force in outer space. The space law regime was developed due to the fragmentation of public international law. But, the basis of space law also lies in public international law. Thus, in this paper, the potency of the application of general international law on the non-use of force in outer space will be tested. For this purpose, various nuances of the principle of jus ad bellum are dissected and individualistically subjected to outer space application, and therefore, inherent loopholes are exposed in the process. A hypothetical situation is used to explain the application of every aspect of law due to the lack of any cases or disputes occurring at the present time in outer space. Therefore, real-life examples are limited, and they are being appropriately used at the required places in the paper. Through this paper, basically, the ability of current law to withstand modern-day challenges is critically analyzed.  And, finally seeing the voluminous shortcomings in the existing law, the author has suggested a complete revamp of outer space law to restrain the exploitation of outer space law for military purposes and other aggressive uses.

Keywords: Jus ad bellum, Non-use of Force, Self-defense, Countermeasures, Responsibility, Liability, Outer Space, Anti-satellites.