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Perhaps space activities have never been wholly peaceful, but recent years have seen the heightened militarisation and weaponisation of outer space.
Of course, in a full-blown military situation, dispute resolution may not be the primary area of anyone’s concern. But space has always been a place in which states engage in activities that entail geopolitical positions or support national security. The activities of one state will often have the potential to interfere with or negatively affect the activities of another. This could involve common day-to-day radio interference, laser interference, inadvertent damage caused by orbital debris, or now active threats posed by satellites deliberately interfering with the activities of those of another state.
Against that backdrop, it is increasingly necessary for both states and private actors to consider the legal ramifications of their military or military-adjacent space activities. This article examines the international legal position on the above and how this affects the abilities of both states and private actors to protect their rights in space.
Read the full article, published in the Global Arbitration Review’s The Guide To Aviation and Space Disputes (2nd edition): Geopolitical conflicts and space: considering the law of war and sanctions