Belgium - Universitas Indonesia

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Country : Kingdom of Belgium

Committee : DISEC
Topic : Outer Space Security and Militarisation

“In line with our strong support for multilateralism, we favour an approach which reconciles individual
rights with the collective interest of mankind. “ - Didier Reynders - Former Deputy Prime Minister &
Former Ministry of Foreign and European Affairs and Defense Belgium

During the era of the cold war, hegemonic powers competed for influence and access to the final frontier:
space. At a first glance, these space endeavours were branded as tales of humanity overcoming scientific
hurdles. However, the same technologies that helped facing these hurdles, are also the same technologies
used in ballistic missiles.1 This problem of dual use is one of the primary challenges in regulating and
monitoring space militarisation. In the 21st century, the widespread existence of telecommunication and
Global Positioning System also serves the dual purpose of both civilian and military use. 2 In regards to
this, Belgium believes that benefiting from space has always been intertwining with protecting those
benefits.
There are various international treaties already signed governing the use of space, especially in
regards to limiting its militarization. The 1967 Outer Space Treaty for example, is the backbone for any
efforts of space endeavour by outlining restrictions on space use. However, the treaty's effectiveness in
preventing a space arms race is arguable at best, as it leaves no explicit prohibition on conventional
weaponry by making sure it is used for peaceful purposes, but left no further explanation on the meaning
of peaceful nor purpose.3 Another principle that Belgium is interested in discussing is the principle of
non appropriation. Due to this principle, the moon and other celestial bodies are limited from territorial
claim.4 However, Article XII of the treaty does not provide any national provision to meet its obligations.,
and thus Belgium believes economic exploitation on the grounds of it being peaceful are still in line with
the customary international law, but it lacks the mechanism to prevent further militarisation from the
implications of such endeavour. 5

1 Chanock, A. (2013). The Problems and Potential Solutions Related to the Emergence of Space Weapons in the 21st Century. Journal of
Air Law and Commerce, Volume 78(Issue 3).
2 Scheffran, Jürgen. (2006). Dual-Use in a New Security Environment - The Case of Missiles and Space. INESAP Information Bulletin. 48-
53.
3 Pershing, A. (2019). Interpreting the Outer Space Treaties NonAppropriation Principle: Customary International Law from 1967 to
Today. THE YALE JOURNAL OF INTERNATIONAL LAW.

4 Space law revisited (1/3): The notion of 'peaceful uses' and the Outer Space Treaty. (2018, October 25). Retrieved November 01, 2020,
from https://blogs.icrc.org/law-and-policy/2016/11/07/space-law-peaceful-uses/
5 Belgian Air and Space Policy. (n.d.). Retrieved November 01, 2020, from https://www.belspo.be/belspo/space/biCoop_en.stm
Despite the Outer Space Treaty ambiguity, Belgium has been preserving its role as one of the ratifying
countries of said 1967 customary international law. Since then, Belgium has pursued its space efforts
within the international framework majorly through European Space Agency (ESA) as one of the
initiators in 1973. Belgium takes a keen interest in the possibility of the economic exploitation of space
resources, including but not limited to future mining installations. Given Belgium’s incisive interest in
space economic exploitation, Belgium finds it necessary to engage with NATO as a strategic alliance for
space security. Furthermore, Belgium has engaged in several bilateral and multilateral engagements
within the field of space. Belgium has been cooperating with France on Earth Observation since 1979
with the development of the SPOT 1 satellite, it has also maintained partnership with Russia in
conducting research and development including on issues like protection of the space environment, space
telecommunications, and satellite navigation.6
In conclusion, Belgium’s outlook on the issue lies primarily on the interest of securing its space
investments through responsible and calculable defense, whether on space or the grounds itself.
Therefore, Belgium believes that a new framework and guidelines are necessary to ensure the security of
Humanity’s future travel to space, ensuring a responsible and equal groundwork for peaceful space
economic exploitation, and protecting the current space infrastructure already present in space and on
earth from threats. Therefore, Belgium proposes the STAR Framework which consists of:
1. Space Confidence Building Measure
Recognizing the importance of communication and the dual use of space infrastructure for both military
and civilian purpose, Belgium proposes Confidence Building Measures to be implemented in space
exploration and economic exploitation, with countries providing Space Object Identification document in
collaboration with The Committee on the Peaceful Uses of Outer Space (COPUOS).
2. Technology and Utilities as Non-Military Target
International Humanitarian Law clearly stated that Non-Military Targets such as civilian infrastructures
are not in any way fulfills the parameter of proportionality in an armed conflict. Therefore, Belgium
would reinforce space economic exploitation and exploration as peaceful by categorizing these
infrastructures as non-military targets under STAR.
3. Assessment of Space Capabilities
To prevent the possibility of Arms Race due to the needs of protecting states space endeavours, Belgium
proposes an assessment panel to be made in COPUOS as a forum for member states to provide
transparency in states space program and military potential.
4. Research and Technology Sharing

6 Mayence, J. (n.d.). THE PEACEFUL USE OF OUTER SPACE. The Interdisciplinary Centre for Space Studies.
Using the Public Private Partnership, Belgium under this proposal supports private investment under
public efforts of space economic exploitation and exploration , emphasizing on transfer of technology and
public and private joint research efforts.
BIBLIOGRAPHY

Belgian Air and Space Policy. (n.d.). Retrieved November 01, 2020, from
https://www.belspo.be/belspo/space/biCoop_en.stm

Chanock, A. (2013). The Problems and Potential Solutions Related to the Emergence of
Space Weapons in the 21st Century. Journal of Air Law and Commerce, Volume
78(Issue 3).

Mayence, J. (n.d.). THE PEACEFUL USE OF OUTER SPACE. The Interdisciplinary


Centre
for Space Studies.

Scheffran, Jürgen. (2006). Dual-Use in a New Security Environment - The Case of Missiles
and Space. INESAP Information Bulletin. 48-53.

Space law revisited (1/3): The notion of 'peaceful uses' and the Outer Space Treaty. (2018,
October 25). Retrieved November 01, 2020, from https://blogs.icrc.org/law-and-
policy/2016/11/07/space-law-peaceful-uses/

Pershing, A. (2019). Interpreting the Outer Space Treaties NonAppropriation Principle:


Customary International Law from 1967 to Today. THE YALE JOURNAL OF
INTERNATIONAL LAW.

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