Law Commons^™

Earth’S First Line Of Defense: Establishing Celestial Body-Based Planetary Defense Systems, Yang Liu

International Law Studies

This article discusses legal issues related to the establishment and use of celestial body-based planetary defense systems (CBPDS). It first finds that the application of current international space law to analyze the lawfulness of CBPDS can lead to many ambiguities. Accordingly, this article proposes a new construction of Article IV of the Outer Space Treaty to balance the need to develop celestial body-based planetary defense capacities and the risk of militarization of outer space. According to this article’s approach, neither the “exclusively for peaceful purposes” clause nor the clause prohibiting “military bases, installations and fortifications” on the moon and other …

Venezuela’S Excessive Maritime Claims, Office Of The Staff Judge Advocate

International Law Studies

No abstract provided.

Targeting A Satellite: Contrasting Considerations Between The Jus Ad Bellum And The Jus In Bello, Hitoshi Nasu

International Law Studies

With the development and greater availability of counter-space capabilities, satellites are becoming a prime target of military threats. However, the legal assessment for the targeting of a satellite requires careful analysis because of its impacts on terrestrial activities and the potential to affect the rights and interests of third parties when their payloads are carried by the targeted satellite. With these two unique characteristics in mind, this article unravels the complexity of international legal regimes applicable to military operations conducted against a satellite by contrasting threshold legal considerations necessary for the identification and application of relevant legal requirements under the …

Confronting Space Debris Through The Regime Evolution Approach, Gershon Hasin

International Law Studies

This article examines the complex policy problem of space debris and elaborates a proposal for a bottom-up cooperative regime for its mitigation. While debris proliferation generates costs and threatens the safety of personnel and equipment, this policy problem is compounded by the realization that debris constitutes a by-product of desirable space activities which facilitate national progress and domestic increases in values. It is further complicated by increased private participation, conflicting interests of participants, and a global order susceptible to outlier behavior.

Scholars attempting to tackle this policy problem have failed to appreciate the complex legislative process through which international rules …

Armed Conflicts In Outer Space: Which Law Applies?, Frans G. Von Der Dunk

International Law Studies

So far, outer space has merely become involved in terrestrial armed conflicts as part of the supportive infrastructure for military activities. Unfortunately, the risk that this changes is considerably growing, and it can no longer be excluded that (armed) force will become used in outer space, either directed towards Earth or within outer space itself.

This raises serious issues in the legal context, where space law so far has been premised on the hope that armed conflicts in outer space could be avoided whereas the law of armed conflict was not required so far to deal with the use of …

The International Legal Implications Of Military Space Operations: Examining The Interplay Between International Humanitarian Law And The Outer Space Legal Regime, Dale Stephens

International Law Studies

In the contemporary period, many military forces rely heavily on space-based assets to conduct operations across a wide spectrum of contexts. Such reliance necessarily exposes a correlative vulnerability that such assets may be degraded or destroyed, especially in a time of armed conflict. However, the legal framework that governs military action in space during a time of armed conflict is not well explored. This article examines the interaction between International Humanitarian Law (IHL) and the Outer Space legal regime. Harmonization of legal regimes is a goal of any reconciliation project, although such harmonization may not always be readily possible. In …

Silent War: Applicability Of The Jus In Bello To Military Space Operations, Kubo Mačák

International Law Studies

There are no molecules of air that could carry sound waves in the vacuum of outer space. Accordingly, space warfare may well become the first type of war whose signature sound would be—silence. But does the law of armed conflict (jus in bello) fall silent in times of Silent War? This article addresses the uncertainty at the heart of this issue. First, it delineates the relevant conceptual framework by examining the factual notion of “military space operations,” and its relationship with the legal concept of “armed conflict,” as well as the overlap between the potentially applicable bodies of …

Neutrality And Outer Space, Wolff Heintschel Von Heinegg

International Law Studies

This article discusses the law of neutrality as it pertains to belligerent operations in and through outer space as well as belligerent outer space operations involving the territory and national airspace of neutral States. As far as the latter is concerned, the traditional law of neutrality is fully applicable. Accordingly, international law prohibits belligerents from launching space objects from neutral territory or through neutral national airspace. While neutral States may not provide belligerents with outer space assets or the use of communications infrastructure located in their territories, they are not obliged to prevent their nationals from providing any of the …

Space Weapons And The Law, Bill Boothby

International Law Studies

Outer space is of vital importance for numerous civilian and military functions in the modern world. The idea of a space weapon involves something used, intended or designed for employment in, to or from outer space to cause injury or damage to the enemy during an armed conflict. Non-injurious, non-damaging space activities that adversely affect enemy military operations or capacity, though not involving the use of weapons, will nevertheless be methods of warfare. Article III of the Outer Space Treaty makes it clear that international law, including weapons law, applies in outer space. Accordingly, the superfluous injury/unnecessary suffering and indiscriminate …

The Legality And Implications Of Intentional Interference With Commercial Communication Satellite Signals, Sarah M. Mountin

International Law Studies

Commercial communication satellite signals have become increasingly attractive targets for intentional interference by State and non-State actors. This article discusses the law applicable to satellite signal interference in peacetime, as well as during armed conflict. Specifically, the piece discusses the threshold at which intentional interference may constitute a use of force.

Use Of Unmanned Systems To Combat Terrorism, Raul A. "Pete" Pedrozo

International Law Studies

No abstract provided.

New Technology And The Law Of Armed Conflict, Darren M. Stewart

International Law Studies

No abstract provided.

The Law Of Armed Conflict In Asymmetric Urban Armed Conflict, David E. Graham

International Law Studies

No abstract provided.

Information Operations In The Space Law Arena: Science Fiction Becomes Reality, Douglas S. Anderson, Christopher R. Dooley

International Law Studies

No abstract provided.

Properly Speaking, Only Celestial Bodies Have Been Reserved For Use Exclusively For Peaceful (Non-Military) Purposes, But Not Outer Void Space, Bin Cheng

International Law Studies

No abstract provided.

Full Volume 75: International Law Across The Spectrum Of Conflict

International Law Studies

No abstract provided.

Chapter Vi (The Tanker War And The Maritime Environment)

International Law Studies

No abstract provided.

Full Volume 74: The Tanker War, 1980-88: Law And Policy

International Law Studies

No abstract provided.

Full Volume 73: The Commander's Handbook On The Law Of Naval Operations

International Law Studies

No abstract provided.

Chapter Ii: International Status And Navigation Of Warships And Military Aircraft

International Law Studies

No abstract provided.

Chapter I: Legal Divisions Of The Oceans And Airspace

International Law Studies

No abstract provided.

Table Of Contents (Volume 73)

International Law Studies

No abstract provided.

Shooting Down Drug Traffickers, Phillip A. Johnson

International Law Studies

No abstract provided.

Full Volume 72: Law Of Military Operations Liber Amicorum

International Law Studies

No abstract provided.

Clipped Wings: Effective And Legal No-Fly Zone Rules Of Engagement, Michael N. Schmitt

International Law Studies

No abstract provided.

State Responsibity And Civil Reparation For Environmental Damage, Leslie C. Green

International Law Studies

No abstract provided.

The Soviet View On International Law, Leon S. Lipson

International Law Studies

No abstract provided.

What's Left Of Salt?, Richard T. Ackley

International Law Studies

No abstract provided.

The Laws Of Air Warfare: Are There Any?, Hamilton Desaussure

International Law Studies

No abstract provided.

Soviet·American Arms Negotiations-1960-68: A Prelude For Salt, Eric W. Hayden

International Law Studies

No abstract provided.