Outer space, technology and warfare

This highlights again the increasing reliance in the regulation of outer space on socalled 'soft law'. Putting aside any objections to that title, there is much debate about the legal status of such instruments. Certainly, it appears that some nonbinding space instruments have a higher legal 'value' than others. However, in (again overly) simplistic terms, at their core they are merely guidelines or recommendations that do not necessarily have the force of law, unless they are to be regarded as reflecting rules of customary international law. Given our increasing reliance on such measures in a whole range of space-related matters, do we run the risk that they will work only until they don't? Shouldn't they always be regarded only as interim measures, until traditional international law principles can be agreed and applied? And, indeed, is this approach feasible given the multitude of risks associated with the continued development of space related weapons technology? These are difficult questions that require a much careful thought. They very much reflect the challenges of regulating outer space in a changing world. Law must play an integral role in addressing these issues. No doubt the terrestrial principles of the jus in bello are very important elements in a broader framework, but they are not necessarily sufficient to cover the challenges that lie ahead. Additional specific legal principles will be required. As we work towards that goal, it is important to recognise the fundamental sentiment of 'humanity' that underpins both space law and international humanitarian law, a consideration that will, hopefully, allow for an appropriate model of peaceful regulation to be implemented for the benefit of all of us.