The position of international law on the non-peaceful use of outer space

Outer space, due to its international nature and significance for all of humanity, has been the subject of several international agreements and conventions. These legal instruments are intended to provide a legal framework for the peaceful exploration and use of outer space. However, these internati...

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Main Author: Albedwawi, Salim Ali Abdulla Mohamed
Format: Thesis
Language:eng
eng
Published: 2023
Subjects:
Online Access:https://etd.uum.edu.my/11083/1/Depositpermission_s903879.pdf
https://etd.uum.edu.my/11083/2/s903879_01.pdf
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spelling my-uum-etd.110832024-04-03T01:34:37Z The position of international law on the non-peaceful use of outer space 2023 Albedwawi, Salim Ali Abdulla Mohamed Hussain, Mohammad Azam Yatiban, Aminurraasyid Ghazali Shafie Graduate School of Government Ghazali Shafie Graduate School of Government JX International law Outer space, due to its international nature and significance for all of humanity, has been the subject of several international agreements and conventions. These legal instruments are intended to provide a legal framework for the peaceful exploration and use of outer space. However, these international agreements and conventions, such as the Outer Space Treaty (OST) (1967), The Liability Convention (1972), and The Moon Agreement (MA) (1984), are lagging behind in terms of providing legal framework pertaining to peaceful exploration and use of outer space. This study evaluates how international agreements and conventions address the use of outer space for non-peaceful activities. It explores the history of space exploration, its various applications, and its legal definitions and foundations. This study reviews the main legal texts regulating space activities and examines the United Arab Emirates' space laws. The study also assesses the legality of militarisation in outer space. The data was collected through the library-based approach. Several methods of data analysis, such as critical, analytical and content analysis, were employed in analysing the data. The thesis began with the proposition that outer space agreements and conventions need to be revised and improved to ensure the peaceful use of outer space and put an end to the militarisation and weaponisation of outer space. The study finds that the use of remote-sensing satellites may incite conflicts impacting national security and sovereignty. Current space treaties lack a clear definition of outer space and criteria to differentiate it from airspace. Claims of sovereignty over space regions by any state conflict with the principle of free use of outer space, as stated in the OST (1967). Furthermore, the MA (1984) is outdated, failing to thoroughly address military space issues and technological advancements in military capabilities. In the light of the above, the study recommends clarifying the definition of outer space and updating international treaties to reflect technological progress and prevent non-peaceful activities, thereby protecting all nations' interests. 2023 Thesis https://etd.uum.edu.my/11083/ https://etd.uum.edu.my/11083/1/Depositpermission_s903879.pdf text eng staffonly https://etd.uum.edu.my/11083/2/s903879_01.pdf text eng public other doctoral Universiti Utara Malaysia
institution Universiti Utara Malaysia
collection UUM ETD
language eng
eng
advisor Hussain, Mohammad Azam
Yatiban, Aminurraasyid
topic JX International law
spellingShingle JX International law
Albedwawi, Salim Ali Abdulla Mohamed
The position of international law on the non-peaceful use of outer space
description Outer space, due to its international nature and significance for all of humanity, has been the subject of several international agreements and conventions. These legal instruments are intended to provide a legal framework for the peaceful exploration and use of outer space. However, these international agreements and conventions, such as the Outer Space Treaty (OST) (1967), The Liability Convention (1972), and The Moon Agreement (MA) (1984), are lagging behind in terms of providing legal framework pertaining to peaceful exploration and use of outer space. This study evaluates how international agreements and conventions address the use of outer space for non-peaceful activities. It explores the history of space exploration, its various applications, and its legal definitions and foundations. This study reviews the main legal texts regulating space activities and examines the United Arab Emirates' space laws. The study also assesses the legality of militarisation in outer space. The data was collected through the library-based approach. Several methods of data analysis, such as critical, analytical and content analysis, were employed in analysing the data. The thesis began with the proposition that outer space agreements and conventions need to be revised and improved to ensure the peaceful use of outer space and put an end to the militarisation and weaponisation of outer space. The study finds that the use of remote-sensing satellites may incite conflicts impacting national security and sovereignty. Current space treaties lack a clear definition of outer space and criteria to differentiate it from airspace. Claims of sovereignty over space regions by any state conflict with the principle of free use of outer space, as stated in the OST (1967). Furthermore, the MA (1984) is outdated, failing to thoroughly address military space issues and technological advancements in military capabilities. In the light of the above, the study recommends clarifying the definition of outer space and updating international treaties to reflect technological progress and prevent non-peaceful activities, thereby protecting all nations' interests.
format Thesis
qualification_name other
qualification_level Doctorate
author Albedwawi, Salim Ali Abdulla Mohamed
author_facet Albedwawi, Salim Ali Abdulla Mohamed
author_sort Albedwawi, Salim Ali Abdulla Mohamed
title The position of international law on the non-peaceful use of outer space
title_short The position of international law on the non-peaceful use of outer space
title_full The position of international law on the non-peaceful use of outer space
title_fullStr The position of international law on the non-peaceful use of outer space
title_full_unstemmed The position of international law on the non-peaceful use of outer space
title_sort position of international law on the non-peaceful use of outer space
granting_institution Universiti Utara Malaysia
granting_department Ghazali Shafie Graduate School of Government
publishDate 2023
url https://etd.uum.edu.my/11083/1/Depositpermission_s903879.pdf
https://etd.uum.edu.my/11083/2/s903879_01.pdf
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