Synopsis
Dr. Gershon Hasin’s paper delves into strategies for managing decisions related to anti-satellite (ASAT) weapons, both within and outside the traditional international lawmaking framework. Major space powers, after testing ASAT weapons, face the consequences of further testing and the risk of proliferation. The United States has initiated a self-imposed ban on destructive testing and has advocated for an international testing ban of debris-creating ASAT weapons at the United Nations. However, this move has met resistance from countries like China and Russia, with India abstaining.
Structure of the Paper
The paper consists of several key sections:
- ASAT Weapons and the Public Order of Human Dignity: This section examines the impact of ASAT weapons on human dignity and the international public order.
- ASAT Weapons and the International Legal Process: It explores the role of international law in regulating ASAT weapons.
- Controlling the Decisions of Participants to Promote the Common Interest: Proposes methods to control decisions related to ASAT weapons in the common interest.
Key Themes
- Diverse Control Avenues: The paper outlines multiple approaches for controlling decisions regarding ASAT weapons testing and proliferation, including U.N. Security Council action, informal state clubs, state space programs, economic measures by private entities, and a ‘trans-commons impact assessment’.
- Public Order of Human Dignity: International norms should maintain minimum order and promote optimum order, focusing on reducing violence and enhancing human dignity.
- Nature of ASAT Weapons: Distinguished between kinetic/non-kinetic and destructive/non-destructive types, ASAT weapons present unique strategic and transboundary challenges.
- Policy-Oriented Jurisprudence: The paper advocates for understanding the role of international law in shaping state and non-state actor decisions, emphasizing a balance between descriptive understanding and prescriptive governance.
- Analytical Framework: It utilizes a six-component analytical framework focusing on defining policy problems, identifying participants, defining international values, situating the issue within the international order, examining participant interactions, and predicting outcomes.
- Challenges in Applying International Law: Traditional norms for ASAT weapons are considered outdated and limited in effectiveness, necessitating a contextual approach to international law.
- History of ASAT Weapons: The paper recounts the history of ASAT weapons testing by major powers, highlighting the recent tests by China, India, and Russia.
- Broader Participant Involvement: Emphasizes the need for involvement from a wide range of participants, given the relative ease of developing ASAT capabilities.
- Impact of Space Debris: Proliferation of space debris from ASAT testing poses significant challenges, impacting the cost and safety of space activities.
- Role of International Organizations and Private Entities: The United Nations and private entities play crucial roles in controlling ASAT proliferation and testing, with private entities having a vested interest in promoting non-proliferation and testing bans.
- Varied Governance Approaches: Various governance strategies ranging from traditional inter-state arrangements to norms enforced through private regulation are discussed, emphasizing the need for diverse approaches in ASAT weapons control.
