AEROSPACE CHINA

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China Aerospace Science and Technology Corporation

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China Aerospace Academy of Systems Science and Engineering

ISSN 1671-0940

CN 11-4673/V

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AEROSPACE CHINA

Sponsored by

China Aerospace Science and Technology Corporation

Published by

China Aerospace Academy of Systems Science and Engineering

Published quarterly in Spring, Summer, Autumn and Winter

Address: Room 403, No.16 Fucheng Rd., Beijing 100048, PR China

ISSN 1671-0940

CN 11-4673/V

AEROSPACE CHINA

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Interpretation and Implementation of “Peaceful Purposes” in Military Activities in Outer Space: Legal and Political Implications
Moamen Mohamed Sayed, LI Shouping, Zagra Alievna Gadzhieva
AEROSPACE CHINA    2024, 25 (3/4): 37-49.   DOI: 10.3969/j.issn.1671-0940.2024.03.004
Abstract62)      PDF(pc) (285KB)(31)      
This paper examines the interpretation and implementation of the “peaceful purposes” clause as it applies to military activities in outer space, analyzing its legal and political implications within the framework of international space law. The term “peaceful purposes” has long served as a cornerstone in treaties like the Outer Space Treaty (1967), designed to promote the peaceful use of outer space. However, ambiguities in its interpretation have led to diverging views among states, particularly as space activities increasingly intersect with military interests. This study investigates how the peaceful purposes principle has been interpreted in key legal instruments, evaluates how it applies to various military uses of outer space, and assesses the implications of these interpretations for international security and space governance. By examining recent state practices, doctrinal perspectives, and multilateral negotiations, the paper highlights the tension between the principle of non-aggression and the militarization of space, offering insights into potential pathways for legal reform and cooperation. The findings suggest that while the concept of “peaceful purposes” is rooted in non-hostile use, evolving geopolitical dynamics and technological advancements are challenging its application, necessitating clearer legal frameworks to balance national security interests with the pursuit of a sustainable and peaceful outer space environment.
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Legal Aspects of Coordinating the LEO Mega-Constellation Operations in the Framework of STM
Elham Farahani, LI Shouping
AEROSPACE CHINA    2024, 25 (2): 42-51.   DOI: 10.3969/j.issn.1671-0940.2024.02.006
Abstract100)      PDF(pc) (282KB)(93)      
Mega-constellations of satellites are making a complex network in Low-Earth Orbit (LEO), which presents new legal and technical challenges. The widespread operation of mega-constellations necessitates a special technical and legal regulatory framework that is constantly evolving based on emerging technologies. Although it has not yet been completely established since it is fully dependent on the development of Space Traffic Management (STM), including the rules on space debris mitigation and collision avoidance systems, cyber security issues, environmental concerns, rules of registration, Radio Frequency Interferences (RFI), Space Surveillance & Tracking (SST), etc.
This paper addresses the legal issues of coordinating LEO mega-constellation operations within the framework of STM. The LEO mega-constellations creating the space environment congested necessitates the establishment of STM rules and standards to safeguard the safety, security, and sustainability of outer space activities. To do so, States and the private sector will have to develop effective, safe, and workable mechanisms that will allow space activities in the field of the deployment and operation of satellite constellations while ensuring the sustainability of all space activities on a long-term basis. Moreover, it needs the cooperation of related national and international organizations and other entities, including the United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS), its Subcommittees, and Internation Telecommunication Union (ITU), to solve the legal and technical challenges of satellite constellations, especially mega-constellations, through the amendment of the current international legal regime, the implementation of a new international treaty, or the creation of soft law documents.
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