A Proposal for a Ban on Destructive Anti-satellite Testing: A Role for the European Union

The 1967 Treaty on Principles law.50 Through this provision, states must comply Governing the Activities of States in the Exploration with the standard international law thresholds on the and Use of Outer Space, Including the Moon and use of force. [...] Article 2(4) of the UN Charter first binding multilateral space treaty and has the states: ‘[a]ll Members shall refrain in their international objective of ensuring the peaceful use and shared relations from the threat or use of force against the benefits of outer space amongst all nations.45 Article I territorial integrity or political independence of any of the Treaty recognizes the wide freedom. [...] The use of force in self-defence must hence be necessary and Peaceful purposes proportionate.53 In the absence of these conditions, The preamble of the Outer Space Treaty contains kinetic ASATs with such destructive impact cannot references to the exploration and use of outer space for constitute a legitimate use of force. [...] The first scheme would apply in a situation of conduct and that the precise scope of the rule is in which the debris from an ASAT test damages a defined by the circumstances in each case.59 An ASAT passing flight.63 The second envisaged situation is test that generates debris and simultaneously increases one wherein the debris damages another state’s space object.64 In the first situation, the sta. [...] 99 Furthermore, is that GGE reports can offer only suggestions and the proposal aids in achieving dual objectives under recommendations.95 the EU space programme for the 2021–27 period to As developing countries have little assurance of a ‘enhance the security of the Union and its Member level playing field in an initiative from the West, suc- states’ and ‘promote the role of the Union in the inte.