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Opinion | Stronger international laws in outer space can help avoid a new arms race

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Opinion | Stronger international laws in outer space can help avoid a new arms race


The United States Department of Defence’s new commercial space integration strategy represents a transformative approach towards leveraging the commercial space sector to enhance the country’s national security. The document articulates a vision where the divide between private-sector innovation and defence needs is not just bridged but integrated.

The strategy aims to incorporate commercial space solutions into the American national defence framework, ensuring the US remains at the forefront of space security and technological advancement. The idea is to ensure reliable access to commercial space capabilities, foster integration to avert crises, establish secure conditions for integration and promote the development of new commercial solutions that align with the defence sector’s evolving needs.

By doing so, the US defence department intends to augment its strategic and tactical capabilities in space while enhancing its resilience, responsiveness and operational flexibility across various mission areas. The strategy also underscores a commitment to balancing risks and embracing innovation, advocating for a nuanced approach that mitigates potential vulnerabilities while leveraging the commercial sector’s rapid technological advancements.

The strategy document is emblematic of an evolving defence landscape where the traditional boundaries between the private sector’s space endeavours and national defence are increasingly blurred. This orientation necessitates closer collaboration between the government and commercial space entities, fostering an ecosystem where innovation is essential to national security.

This shift signifies a dual transformation: for the defence sector, it marks a departure from a mainly government-provisioned space capability model towards a more hybrid, collaborative approach. For the commercial space sector, it presents new opportunities and challenges, as companies must navigate the intricacies of national security requirements and potentially alter their innovation trajectories to align with defence priorities.

But the integration of commercial space capabilities into national defence, as outlined by the US defence department, raises pertinent questions about implications for international space governance mechanisms.

An astronaut goes out a spacewalk on December 24, 2013. The Outer Space Treaty of 1967 says “the exploration and use of outer space, including the moon and other celestial bodies, shall be carried out for the benefit and in the interests of all countries, irrespective of their degree of economic or scientific development, and shall be the province of all mankind”. Photo: Reuters

Current international space law, primarily embodied in treaties such as the Outer Space Treaty of 1967, emphasises the peaceful use of outer space and prohibits the placement of nuclear weapons or other weapons of mass destruction in orbit. However, these treaties were crafted in a different era, with limited foresight of the commercial space boom and the potential military applications of space technologies.

The US defence strategy document’s emphasis on commercial integration into defence highlights the need for an updated or expanded framework for international space governance. It underscores the necessity of establishing clear norms and guidelines that address the increasing convergence of commercial and defence space activities. International responses may vary, with some nations viewing this strategy as a call to bolster their own space capabilities, potentially leading to a competitive or cooperative international space landscape.

Moreover, the strategy may prompt discussions on the need for transparency, confidence-building measures and cooperative frameworks to ensure that the integration of commercial space into national defence architectures does not exacerbate a space arms race.

The international community may need to consider new agreements or amendments to existing treaties that reflect the realities of contemporary and future space operations, ensuring that space remains a domain for peaceful exploration and use by all of humanity.

As this strategy unfolds, it will be crucial to navigate the implications for international space governance, ensuring that the integration of commercial capabilities into defence strategies contributes to a secure, sustainable and peaceful outer space environment for future generations.

Zohaib Altaf is a research officer at Centre for International Strategic Studies, Azad Jammu and Kashmir. He works on the nuclear politics and strategies and emerging technologies.

Nimrah Javed is an associate researcher at Centre for International Strategic Studies, Azad Jammu and Kashmir. She works on the nuclear politics and strategies and emerging technologies



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