A Fresh View on the Outer Space Treaty by Annette Froehlich

Author:Annette Froehlich
Language: eng
Format: epub
Publisher: Springer International Publishing, Cham

4.2 Peaceful Purposes in Outer Space

As it is well known, one of the general principles which must be present in all space activities is that the use and exploration of outer space shall be for the benefit of all countries and shall be in accordance with international law, including the Charter of the United Nations, with the interest of maintaining international peace and security.2 Everything that has to do with peace and international security is more than welcome, but do we know what it means to maintain international peace? And, what do we mean by security?

In the field of law, every concept has to be defined and differentiated. In the world of criminal law, it is very important to distinguish between murder and homicide, rape and sexual aggression and kidnapping and unlawful detention. In space law it should not be any different. All concepts would have to be defined for a better understanding of the treaties. For example a proper definition of the concept “Space Object” would solve many legal doubts, e.g. the legal framework of suborbital flights and the legal framework for the launch of satellites with unmanned free balloons, since these are considered aircrafts according to the Chicago Convention, and therefore Air Law must be applied in those activities that are carried out with balloons.

All the States Parties to the Outer Space Treaty recognize the common interest of all mankind in the progress of the exploration and use of outer space for peaceful purposes. Nevertheless, the concept “peaceful purposes” could have many meanings. We could understand “peaceful” as devoid of violence or force3 or not willing to take part in war or violence.4 And “purpose” could be understood as the reason for which something exists or is done. Therefore, “peaceful purposes” could mean that all the actions that are carried out must be done without the use of violence or force. The term “force” is frequently associated with something bad and cruel, but the truth is that peace and force hardly ever exist without each other.

However, not all the nations in the world share the same concept of “peaceful”. There are countries where peace is not known, let alone security, places where the evil of the human being is the model of government. To assist those countries where peace is far from being achieved, peacekeeping has proven to be one of the most effective tools available to the UN.5 The UN Charter gives the Security Council primary responsibility for the maintenance of international peace and security.6 This responsibility is not only applicable on the planet Earth, but it also has application to be extended to all places where the human being is, e.g. the Moon, Mars, etc.

In fulfilling this responsibility for the maintenance of international peace and security, the Council can establish a UN peacekeeping operation.7

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