INTERNATIONAL LEGAL FRAMEWORK FOR THE PEACEFUL EXPLORATION OF OUTER SPACE: PROBLEMATIC ASPECTS

Abstract

This paper examines the efficiency of the international legal framework governing activities of States in outer space in view of the existing gaps within it allowing for space weaponization and the use of force in outer space. Purpose: the paper attempts to answer the following question – is there a clear line between peaceful exploration and militarization of outer space, and is it legally permissible to deploy anti-satellite and anti-missile systems in outer space? Methods: the study employs general scientific methods, legal interpreting and forecasting. Results: the following conclusions have resulted from the study: the 1967 Outer Space Treaty does not cover potentially harmful activities of States in outer space; there is no general agreement on the definition of «space weapon»; the line that's drawn between peaceful space exploration and militarization appears to be blurry; the emphasis in understanding the term «peaceful» has shifted towards the meaning of «non-aggressive»; non-aggressive military uses of space allow for the deployment of defensive weapon systems in  space.