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Tiffany C. Li @tiffanycli
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Space Force is a bad idea. Outer space is the only realm where we were able to create international laws before any nation had a real stronghold over territory. The space laws that exist emphasize cooperation and scientific exploration, not war. Fund NASA instead.
Space law thread incoming in 3 … 2 … 1 …
There isn’t much space law, which is a good thing! Space is a relatively new frontier for international law. We do not have to regard the “territory” of space in the same way as we have historically dealt with land and sea. We can do better.
The big international space law that is important to know is the Outer Space Treaty (OST). This treaty, ratified by the U.S. in 1967, forms the basis of “space law” as we know it today. state.gov/t/isn/5181.htm
We will get to the terms on weapons and military limits in a moment, but first let’s just appreciate the preamble. The preamble (intro) of a law/treaty often tells you something about its inspiration or purpose. This is how the OST begins: Inspired by the great prospects opening up before mankind as a result of mans entry into outer space,<br />
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Recognizing the common interest of all mankind in the progress of the exploration and use of outer space for peaceful purposes,<br />
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Believing that the exploration and use of outer space should be carried on for the benefit of all peoples irrespective of the degree of their economic or scientific development,Desiring to contribute to broad international co-operation in the scientific as well as the legal aspects of the exploration and use of outer space for peaceful purposes,<br />
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Believing that such co-operation will contribute to the development of mutual understanding and to the strengthening of friendly relations between States and peoples,
Look at what the treaty is calling out, right from the beginning. This is about "recognizing the common interest of all mankind," the "benefit of all peoples," "broad international co-operation," etc. Also key: the emphasis on "peaceful purposes."
Article I of the OST states that the "exploration and use of outer space ... shall be carried out for the benefit and in the interests of all countries, ... and shall be the province of all mankind." The emphasis again is on the value of space exploration for *all* of humanity.
Article II says that no nation can claim to own/control outer space or any "celestial bodies" (e.g, the moon). Interestingly, there was an attempt later to make this more forceful through the "Moon Treaty," but that failed. No spacefaring state ratified it, including the U.S.
There are some less exciting parts of the OST that deal with more administrative issues, like liability for damage caused by satellites, and so on. But the part that matters most for understanding why the Space Force is a bad idea is Article IV.
Article IV of the OST does 2 things:

1. It prohibits nations from placing nuclear weapons or weapons of mass destruction in orbit, in space, or on planets/asteroids/etc. Article IV<br />
States Parties to the Treaty undertake not to place in orbit around the Earth any objects carrying nuclear weapons or any other kinds of weapons of mass destruction, install such weapons on celestial bodies, or station such weapons in outer space in any other manner.
2. The second part of Article IV of the OST says that “celestial bodies” (e.g., the Moon) can only be used “for peaceful purposes.” No military bases, no weapons testing, no war games. The Moon & other celestial bodies shall be used by all States Parties to the Treaty exclusively for peaceful purposes. The establishment of military bases, installations and fortifications, the testing of any type of weapons and the conduct of military maneuvers on celestial bodies shall be forbidden.
What’s important about the OST is that it created a vision for space that was focused on international cooperation, scientific exploration, and peaceful purposes. Space exploration should be for the benefit of all, and these early space laws recognized that.
The OST envisioned a better future for space, bringing humanity together for the good of all instead of falling back into the same old territorial wars. Creating a military “Space Force” & saying the U.S. must “dominate space” moves us away from hope for that better future.
To be clear, space militarization isn't new. The U.S. already has satellites/similar in space, and we've been able to fund the defense spend even without a Space Force. The only real impact of a new Space Force is to disrupt the int'l norm of "peaceful purposes" for outer space.
In conclusion, Star Trek > Star Wars. 🚀
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