Regulation Of International Law On The Militarization Of Outer Space

With the development of space technology and the change of international situation,the strategic position of outer space has been highlighted.In exploring the outer space to contribute to human civilization at the same time,some countries with the space technology of space gradually expand its in outer space "landscape" by the advanced space technology,for the control of outer space,as well as the form of increasingly frequent and increasingly diverse outer space activity,has caused many contradictions and conflicts of the international community.Among these,the militarization of outer space should have the most profound impact on the well-being of all mankind and international peace and security.In 2002,the United States withdrew from the Treaty on the Limitation of Anti-Ballistic Missile Systems,which was designed to limit anti-ballistic missile systems and reduce its own strategic offensive and space competition.It launched conventional land-based cruise missiles banned by ABM in 2019,and the bill to establish U.S.Space Force is being approved by congress.Since the 1970 s,Russia has been testing the anti-satellite weapon of common-orbit interception and non-nuclear killing,and has acquired the actual combat capability.It becomes the first country to have the anti-satellite weapon.In recent years,Russia has conducted several anti-satellite weapon tests.In addition,in order to safeguard its security interests of outer space,the EU is also stepping up the development of the Galileo programme for satellite navigation and positioning and the GMES programme for reconnaissance,environmental protection and security.The existing system of outer space law began with the launch of the first Soviet Union artificial satellite “Sputnik-1” in 1957 and has formed an outer space law system including Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space,Including the Moon and Other Celestial Bodies,Agreement on the Rescue of Astronauts the Return of Astronauts and the Return of Objects Launched into Outer Space,Convention on International Liability for Damage Caused by Space Objects and Agreement Governing the Activities of States on the Moon and Other Celestial Bodies.However,on the issue of regulating the militarization of outer space,the "peaceful use" mentioned in the preamble and Article 4 of the outer space treaty have many controversial interpretations.Considers that military uses of outer space are legitimate and "peaceful purposes" means "non-aggression";All military use of outer space,offensive or defensive,should be prohibited,"peaceful purposes" means "non-military";Recognizing that military use of outer space could be based on the negative evaluation of military use for "non-aggressive" purposes,and "peaceful purposes" means "non-weapons".According to the text of the Outer Space Treaty,the deployment of nuclear weapons and weapons of mass destruction in outer space is prohibited,and the scope of weapons in outer space is too narrow.The registration system for regulating the launch of space objects has also been rendered obsolete by the reluctance of most space states to disclose too much military information about space objects.Outer Space Law system is too weak to regulate the militarization of outer space,which is increasingly threatening the stability and security of the international community.As the founder of international order and the promoter of international rule of law,the United Nations has the superiority over other international institutions in solving the problem of militarization of outer space.In the course of promoting the establishment of the outer space law system in the last century,the committee has accumulated considerable experience in international legislation.Faced with the new international situation,it has tried to promote the formation of the rules of customary international law on the peaceful uses of outer space on the basis of reviewing and concluding a new legal text on outer space.The international judicial organs,headed by the International Court and the International Arbitration Institutions,have given full play to the role of judicial norms and explored the theoretical possibility of interpreting the "peaceful uses of outer space" in the common interests of all mankind,so as to guide international practice.Compared with international treaties and other strict contracting procedures and reservation systems,international soft law has the elasticity of international governance.Give full play to the sharing and exchange of information in outer space as advocated by transparency and confidence-building measures in outer space activities(TCBMs),adhere to the principles of cooperation and consultation in the process of resolving the issue of militarization of outer space,and explore practical cooperation models.Through Draft International Code of Conduct for Outer Space Activities,we will explore ways to promote the conduct of states on the issue of militarization of outer space and further deepen the principle of peaceful uses of outer space.Taking the China-Russia PPWT draft as an example,this paper discusses the construction mechanism of effective verification mechanism in the issue of outer space militarization,and conducts theoretical discussion on the right of outer space self-defense,so as to reduce the practice of outer space militarization under the pretext of the right of outer space self-defense.As a space power,China has the wisdom and the plan to promote the peaceful use of outer space and regulate the militarization of outer space.National Security Law of the People’s Republic of China and several other domestic legal texts such as several space white papers have clearly stipulated that China adheres to the peaceful exploration and use of outer space.China has also actively implemented the principles of international cooperation in outer space,and actively promoted the construction of China’s space station and the "silk road in space".In addition,since community with a shared future for mankind was included in the resolutions of the UN general assembly,it has further defined a feasible path to the sustainable and peaceful use of outer space,deepened the concept of common inheritance of outer space resources for mankind,and provided many useful lessons for the establishment of a mechanism for the peaceful settlement of multiple disputes in outer space activities.