In today’s article and the ones that follow, I want to evaluate with you what the military activities of countries in space will be, what kind of risk they pose to other countries, and whether these are legally possible.
When we look at the development of space law, we can see that there were studies in this field in the literature long before mankind reached space. For example, an article written by Emile Laude in 1910 discussed the ownership of Hertzian waves. In 1926, V.A. Zarzar, in his work, made an assessment that airspace should have a vertical limit. In the following years, many firsts in space law were achieved even before physical access to space.
The acceleration in the development of space law occurred after some important events. During the “International Geophysical Year,” an international scientific project that lasted from July 1, 1957, to December 31, 1958, 67 countries came together to work on subjects such as meteorology, solar activity, and polar lights. Also during this period, influenced by the competition in the Cold War, the Soviet Union launched the first artificial satellite, Sputnik 1, on October 4, 1957. Immediately after Sputnik 1, the “Committee on the Peaceful Uses of Outer Space (UNCOPUOS)” was established by a U.N. General Assembly resolution, first as ad hoc in 1958 and then becoming permanent in 1959 (in 1961, the “Scientific and Technical Subcommittee” and the “Legal Subcommittee” were established as subcommittees). On December 1, 1959, 12 countries actively working in Antarctica during the International Geophysical Year signed the Antarctic Treaty in Washington (which our country also later became a party to). Following the launch of Sputnik 1, assessments were made that activities related to space needed to be regulated, and in 1962, a U.N. resolution emphasized the need for regulation on this matter. On 13.12.1963, the “Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space” was adopted. The Declaration also referred to resolution (110) dated November 3, 1947, concerning the condemnation of propaganda that encourages actions threatening peace, violating it, or constituting aggression, which could also be applied to outer space.
While these developments were taking place, the need for other regulations arose due to the concern that China might become a nuclear power.
To elaborate; The Chinese Civil War, which took place between 1927 and 1950, was one of the bloodiest wars in history, where millions of people lost their lives. As a result of the rebellion initiated by the Chinese Communist Party (CCP) led by Mao Zedong against the ruling Chinese Nationalist Party (Kuomintang) led by Chiang Kai-shek, Chiang Kai-shek retreated to Taiwan in 1949, took over the administration there, and announced that the Republic of China continued in Taiwan.
After Mao took full control of the country during this period, the People’s Republic of China was established on October 1, 1949. Taiwan was seen as a threat to the country from day one. Many methods, including adverse propaganda, were used to prevent this. Meanwhile, there were meetings between Mao and Stalin, and after some negotiations, the “Sino-Soviet Treaty of Friendship, Alliance and Mutual Assistance,” which was arranged to be valid for 30 years, was signed on February 14, 1950 (entering into force on April 11, 1950). The aim of this Treaty was for the parties to form an alliance against Japan and its supporters.
From 1949 to the late 1950s, the People’s Republic of China saw the danger of nuclear war in the Korean War and the Taiwan Strait crisis. In addition, with the unfriendly attitude of the West towards them, Mao, according to international relations doctor Nicola Horshburgh, saw nuclear weapons as a means for China to enter the international arena. As China’s desire to develop nuclear weapons grew, it needed technical knowledge and support, at which point it turned to its ally, the Soviet Union. Soviet statesman Nikita Khrushchev was initially hesitant to share nuclear technology with China. However, in 1954, according to history professors Zhihua Shen and Yafeng Xia, Khrushchev agreed to support China in developing its atomic energy program because he needed Mao’s political support in the post-Stalin era.
Towards the end of 1954, the 1st Taiwan Strait crisis occurred, lasting until 1955. In this conflict between China and Taiwan, the USA intervened in favor of Taiwan. Subsequently, in 1958, the 2nd Taiwan Strait crisis occurred. This was, in a sense, a continuation of the 1st Taiwan Crisis. The increase in America’s presence in the Taiwan Strait worried the Soviet Union about the possibility of a crisis emerging regarding this region. The fact that China did not inform the Soviet Union before its attack on the islands also greatly disturbed Khrushchev. Tensions increased further with Mao’s domestic and foreign policies conflicting with Soviet interests, and as tensions rose, the Soviet Union reduced technology transfers to China and recalled Soviet experts from China in 1960. After this point, China’s attitude of supporting Moscow’s policies on arms prohibition and reduction changed.
Then-American President Kennedy and his advisors agreed that China, which had been accelerating its efforts to develop nuclear weapons since the 1950s, posed a potential threat to U.S. national security. The concern that China would gain extraordinary dominance in Asia was also an unsettling situation for the USA. In this case, the most appropriate thing to do to restrict China’s nuclear projects, or at least to isolate it from the rest of the world, was to sign an agreement with the Soviet Union. For the Soviet Union, in addition to the issues I have mentioned, the possibility of entering a nuclear war with the USA if it sided with China would also be an uncomfortable situation. Therefore, the Soviet Union also looked favorably on America’s view in this direction, and on August 5, 1963, the Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water (Partial Test Ban Treaty – PTBT) was signed in Moscow. The PTBT is the first multinational treaty text to specifically refer to outer space. According to this Treaty, which Turkey also signed on October 10, 1964; parties are prohibited from testing nuclear weapons or conducting other nuclear explosions in the atmosphere, in space, underwater, or anywhere else if these explosions cause radioactive debris outside the territories of the countries. Causing, encouraging, or participating in any way in these prohibited actions is also banned under the treaty.
Following the PTBT, both America and Russia announced they would not place nuclear weapons or other weapons of mass destruction in space. It is also written in some sources that the Treaty both prevented the nuclear arms race and prevented satellites, which would be damaged by the electromagnetic effects of nuclear explosions in space, from being harmed in this way. Later, in 1996, the Comprehensive Test Ban Treaty, to which Turkey is also a party, was signed.
Following the PTBT, the United Nations adopted resolution 1884 (XVIII) on October 17, 1963. This resolution also expressed satisfaction with the conclusion of the PTBT and called on states to refrain from placing in orbit around the Earth any objects carrying nuclear weapons or any other kinds of weapons of mass destruction, installing such weapons on celestial bodies, or stationing such weapons in outer space in any other manner.
Following all these developments, one of the most fundamental regulations regarding space law, the “Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies” (Outer Space Treaty) (1967) was adopted. According to the Treaty, in summary, space shall be used for peaceful purposes, no state has sovereignty rights in space, states will be responsible for damages caused by their space activities, and they will be able to conduct military activities subject to certain limitations. The fourth article of the Outer Space Treaty, concerning the limitation of armaments in space, was inspired by the 1959 Antarctic Treaty and the 1963 Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water (PTBT). However, some differences exist. For example, according to the Antarctic Treaty, Antarctica is demilitarized. Although demilitarizing outer space and celestial bodies from military activities was on the agenda, both the USA and the USSR opposed it.
So What Kind of Regulation Was Made?
I will continue to share the details with you in my next article.
I wish all my valuable readers healthy and pleasant days.