Viewpoint: Chinese Anti-Satellite Weapons: New Power Geometry and New Legal Policy

Abstract

China entered the field of space weapons with the successful anti-satellite test on 11 January 2007. National policies of spacefaring states commit to the principle of peaceful uses of outer space as enshrined in the Outer Space Treaty, but there is no detailed internationally binding regulation on anti-satellite weapons. Since 1981, the United Nations General Assembly passed annual resolutions on the Prevention of an Arms Race in Outer Space. These resolutions call for negotiations in the Conference of Disarmament for establishing an internationally binding instrument about space weapons. However, the Conference of Disarmament is deadlocked. China's weapons test has changed the power geometry. This paper examines the policy impact of the Chinese test, especially on the United States.

A previous version of this paper was published by the American Institute of Aeronautics and Astronautics based on a conference paper presented at the 58th International Astronautical Congress that took place in Hyderabad, India from 24–28 September 2007. This paper represents the personal opinion of the author and shall not be attributed to any organization to which he is affiliated.

Notes

Craig Covault, “Chinese Test Anti-Satellite Weapon,” Aviation Week & Space Technology, 17 January 2007.

Russian News and Information Agency Novosti, “No danger to International Space Station from Chinese Satellite Debris,” 2 February 2007, http://en.rian.ru (accessed 2 February 2007).

China, Europe, India, Israel, Japan, Russia, Ukraine, and U.S.

For example, one second before the collision of 11 January 2007, the interceptor and target were five miles apart. During that one second, the interceptor had to make any final adjustments to its trajectory to hit a target smaller than two meters across. See Geoffrey Forden, Viewpoint: China and Space War, Astropolitics: International Journal of Space Politics and Policy 6: 2 (2008).

Article IV of OST also prohibits military fortifications and testing of other weapons on the Moon and other celestial bodies. This is not of relevance for ASAT weapons and this paper.

Space Security 2006, http://www.spacesecurity.org (accessed 15 June 2007).

UNGA RES A/RES/61/58 (Prevention of an Arms Race in Outer Space) 6 December 2006.

For example, the over-flight of the first satellites in low Earth orbit found customary acceptance without formally negotiated consensus.

Provided an opinio juris develops.

See UNGA RES A/RES/36/97, part C, 9 December 1981, the latest being UNGA RES A/RES/61/58 (Prevention of an Arms Race in Outer Space) 6 December 2006.

UNGA RES A/RES/61/58 (note 10).

UNGA RES A/RES/36/97, part C, (note 10).

UNGA RES A/RES/61/58, (note 10).

Space Security 2006, http://www.spacesecurity.org (retrieved 15 June 2007).

Ibid.

Possible Elements for a Future International Legal Agreement on the Prevention of Deployment of Weapons in Outer Space, UN CD/1679, 28 June 2002.

Reuters AFP on 23 January 2007, cited after Radio Free Europe, http://www.rferl.org (accessed 5 May 2007).

Craig Covault, “Space Control,” Aviation Week & Space Technology, 22 January 2007.

Covault, “Chinese Test,” (note 1).

“U.S. National Space Policy of 31 August 2006,” reprinted in ZLW German Journal of Air and Space Law 49 (2007).

For more considerations about the consistency of the U.S. National Space Policy with international law, see George Robinson, “The U.S. National Space Policy: Pushing the Limits of Space Treaties?” ZLW German Journal of Air and Space Law 45 (2007).

U.S. National Space Policy, (note 20).

See Preservation of Space Act 2001, H.R. 107-2977, Preservation of Space Act 2002, H.R. 107-2977, Preservation of Space Act 2002 H.R. 107-3616, and Preservation of Space Act 2005 H.R. 109-2420.

USINFO, Bureau of Information Programs, U.S. Department of State, http://usinfo.state.gov (accessed 19 January 2007). Today, the Web site for the Bureau of Information Programs is http://www.america.gov

Boston Globe, http://www.boston.com/news/world/asia/articles/2007/01/22/biden_warns_against_an_arms_race_in_space/, 22 January 2007.

Office of U.S. Congress Representative Edward J. Markey, http://markey.house.gov (accessed 18 January 2007).

USINFO (Vince Crawley), Bureau of Information Programs, US Department of State, 19 January 2007.

Statement by Air Force Chief of Staff General T. Moseley, 23rd National Space Symposium, The Space Foundation, Colorado Springs, Colorado, 9–12 April 2007.

David Fulghum and Amy Butler, “Reassessing Space,” Aviation Week & Space Technology, 30 April 2007.

Ibid.

Navy Newsstand, “Navy Ships Key to Missile Test Success,” story number NNS070625-10, 25 June 2007.

China and Russia clash with U.S. over space weapon treaty, Voice of America, http://www.voanews.com (accessed 13 February 2007).