Do as I say, not as I do - is Star Wars inevitable? Exploring the future of international space regime in the context of the 2006 U.S. National Space Policy.

 
INTRODUCTION--Are We on the Brink of an Arms Race 
in Space? 
  U.S. Says "No" to Restrictions on Weaponizing Space 
  China Joins the ASAT Club 
  2006 National Space Policy--National Interest v. International 
Order 
  Space Arms Race? What Space Arms Race? 
BACKGROUND--The Origins and Evolution of Space Law 
  Existing International Regime 
  Traditional U.S. Postures 
  Weaponization v. Militarization 
"RODS OF GOD"--The Weaponization of Space 
Current Space Technology 
    Dual-Use Technology 
    Current Space Technology 
Painting a Picture of Weaponized Space 
SPACE ARMS RACE--Is Proliferation Inevitable? 
Hegemony and Arms Race 
International Responses--A Race, or a Race of One? 
An International Moratorium--Racing its own Shadow 

ABSTRACT

Space law presents unique challenges to the international legal system. Wars have been fought on land, on sea, and in the air. Outer space, however, like Antarctica, was intended as a sanctuary from modern warfare. Unlike Antarctica, which has been kept free of military activities, "peaceful purposes" in outer space saw intertwined military and civilian uses from the outset. (1)

Space has been called "the ultimate high ground." (2) States that control outer space win military advantages as well as political capital. Since the end of the Cold War, the United States has enjoyed unchallenged space supremacy. (3) This scenario raises the question: how can the United States assure its dominance in space while preventing (or at least slowing down) challenges by other countries?

The 2006 National Space Policy caused an international uproar. The Policy announced that the United States has free action in space, and that any international cooperation must be "consistent with U.S. security interests." (4) The new U.S. space policy threatens to weaken the bedrock of the international space regime by directly challenging the concept of international cooperation and restraint on the militarization of space.

This Note analyzes the implications of recent developments in international space law as it relates to the 2006 National Space Policy. First, the Note examines current events responsible for the renewed interest in the (dis)armament of outer space. Then, it analyzes the legal framework that shaped both U.S. space policies and key international agreements. Third, it makes a foray into the world of weapons and technologies that are either currently in use or capable of being deployed in the near future. Lastly, the Note proposes three ways for the international community to tackle the trend of weaponizing space.

In the end, the root of man's security does not lie in his weaponry. It lies in his mind. (5)