Addressing The Position Of Dual-Use Space Objects In Light Of Pre-Existing Juristic Contradictions On ‘Self Defence’ And ‘Peaceful Purposes
Noel J. Therattil, National Academy of Legal Studies and Research
ABSTRACT
The position of dual use objects in outer space remains a mare’s nest for both military strategists and jurists alike. The absence of adequate provision in the Outer Space Treaty and the Moon treaty has meant that jurists would have to re-evaluate the contradictions and re-examine the existing legal position of a state’s right to self-defense in the context of dual use weapons. Concomitantly the ambiguity over the phrase ‘peaceful purposes’, whether it means ‘non aggressive’ or ‘nonmilitary’, must be settled. The international community is yet to adopt a convention that adequately addresses the position of dual use objects in space. Such a classification or regulation will prevent weapons proliferation and ensure that outer space is truly the province of mankind. More importantly, as to what constitutes a weapon, and more specifically, a dual use weapon, is not yet defined. Simultaneously, there is also the need to address the position of new weapons such kinetic bombardment and ‘manipulation of outer space’. as the use of Ergo, the paper seeks to holistically analyze the issue so as to arrive at a general template for ascertaining the legal position of dual use objects.
Keywords: Dual-use, Outer Space, Conventional weapons, Self-Defence, Outer Space Treaty, Proliferation
