As the advantages of space based systems to support global communications, data transfer, navigation and military activities have been identified and exploited through the decades, the economic and security well being of many nations has become increasingly dependent upon space. In a world of evolving threats, dependence has highlighted the vulnerability of space assets. This thesis considers the current legal framework governing outer space and whether or not the framework supports space weaponization and the use of force in space. Chapter One provides an overview of the journey into space and how the military has taken advantage of space. In Chapter Two, the international legal regime governing outer space is analyzed, and the principle of "peaceful purposes" examined. Chapter Three considers the legal authority to resort to the use of force under international law, how that law applies in the outer space environment and briefly addresses arms control restrictions in outer space. Chapter Four focuses on the future, considering the question of whether or not space weaponization and the use of force in space are inevitable developments in the evolution of uses of space or, if there are viable alternatives that will address valid security concerns while preserving space as a weapons free environment.

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Satellite capabilities greatly enhance both the military and civilian sectors of society. Anti-satellite (ASAT) weapons pose a serious risk to all satellites. Chapter One of this thesis discusses current satellite capabilities. Chapter Two, details the wide variety of ASAT weapons. Chapter Three turns to the intentions of various States to employ ASATs. Chapter Four analyzes the legal implications of using force against satellites---beginning with the laws relating to the use of force in general, including the right of self-defense, and then progressing through relevant provisions of the laws of armed conflict. It also addresses the debate over the militarization and weaponization of outer space and past efforts at non-proliferation that relate to space activities. Chapter Five addresses the creation of space debris---a side effect of ASAT use. I will conclude with a short discussion regarding the potential for a new international agreement restricting the use of ASATs.

Satellite telecommunications, global navigation and remote sensing systems are key drivers in the ongoing transformation of an industrial based global economic order to one increasingly dominated by information services. A growing number of States are establishing an independent presence in outer space and all States (and indeed, individuals) can access a broad range of affordable space-related products and services (e.g., Google Earth imagery, GPS receivers, and global voice and data transmissions). Consistent with broad historical trends, these technologies are inevitably influencing the way States think about, plan for, and conduct warfare. Inspired by the prospect of seizing the ultimate "high ground" of outer space and achieving "information superiority" over an enemy, militaries around the world are rapidly pursuing independent space capabilities and adapting their strategies, doctrine and force structures to reflect these capabilities. These trends have prompted various political and legal efforts to ban the placement and/or use of weapons in outer space. As these efforts have failed to gain traction and seem unlikely to do so in the foreseeable future, this thesis argues that existing bodies of international law grounded in a pragmatic acceptance of armed conflict must be consulted if humankind wishes to mitigate the impact and spread of warfare conducted in, from and through outer space. In particular, this thesis will examine how the traditional customary principles underlying the law of neutrality may be reconceptualized by States to serve as a mechanism to mediate competing claims of belligerents and neutrals during armed conflict in outer space. After a brief introduction, Chapters One and Two will develop the economic and military trends discussed above. Chapter Three will provide an overview of the relevant international law governing military activities in outer space. Chapter four will analyze the law governing State responsibility for outer space activities to determine which State(s) will bear primary international responsibility for satellite support provided to belligerents during armed conflict. Chapter Five will provide a detailed overview of the law of neutrality and attempt a preliminary analysis of how belligerent and neutral States may seek to adapt this law to suit their interests during armed conflict in outer space. Concluding that the law of neutrality may serve to mitigate the impact and spread of armed conflict in outer space, this thesis offers various proposals designed to facilitate the application of this law.

The world is in the midst of a revolution in the conduct of military operations wherein modern military aerospace information systems, weapons and their associated weapon systems are changing the conduct of warfare. Aerospace power has become the dominant, if not decisive, factor in modern warfare. Yet, there are currently no treaties dealing specifically with the law of armed conflict in the air and space environments. Chapter I describes the evolution to date of the law governing aerospace warfare. Chapter II analyzes the relevance of military interventions in Iraq and Yugoslavia (Bosnia; Kosovo) to the law of air and space warfare. Chapter III discusses the impact of "humanitarian intervention" on the law of aerospace warfare. Chapters IV and V explore the role and effect of earth-based and space-based military assets respectively. This thesis concludes that although the existing law of armed conflict is capable of evolving to cope with the legal issues posed by aerospace warfare in the twenty-first century, the conclusion of multilateral agreements to deal with some of those issues is advisable.

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The waves of military innovation have changed the principle and concept of traditional military warfare. The command of the space, succeeding the power of the land in the early days, the Sea superiority in the 18th century, the command of land in the 19th century, the Air superiority and the Information dominance in the 20th century has become a totally new concept of military command. The space warfare, for the purpose of controlling the space, finally comes on the stage. Under the influence of the competitors between the U.S.A. and U.S.S.R. in the field of military prowess, China started its development of space technology in 1956. After 50 years passed, Chain has become a nation of potential space warfare. Its prowess in space warfare is found on its advanced and firmly established space science and technology. Following the U.S.A. and the U.S.S.R. China has build up its space army which aims at seizing the dominion of the future space warfare. Evidently, every great nation, for the purposes of gaining supreme authority in the warfare in this century, has fully engaged in building up its prowess in the command of the space. This essay aims at study China¡¦s development in space warfare which is founded on the concept of the scramble for the command of the space. Such studies help to understand China¡¦s recognition of space warfare, its development of space army, its research and development in space science and technology, its present structure and equipment for space warfare and its ambitions and directions in the future space warfare . The study of this essay, which are based on several perspectives, will help to provide a referential background for the observation of the future development of space warfare of China.

Thesis (M.S.)--School of Advanced Airpower Studies, Air University, 2000. / Includes bibliographical references. Also available via the Internet.