1. Promoting Cooperative Solutions for Space Sustainability Analyzing International Reactions to Soft Law Initiatives on Space Security Ben Baseley-Walker Advisor- Security Policy and International Law bbw@swfound.org

2. Promoting Cooperative Solutions for Space Sustainability The Current International Space Climate Diversification of actors – Commercial sector – Emerging space States The haves and have-nots Diplomatic environment in many ways still thinks in a “Cold War” paradigm – is this reflective? Space is no longer a ring-fenced issue Soft Law in Outer Space, 4 th April 20112

3. Promoting Cooperative Solutions for Space Sustainability The Purpose of Regulation Build predictability, stability and ensure continued utility UN Debris Guidelines – is State-by-State domestication sufficient? Can we build a treaty in the current political climate? – What are we trying to achieve? Holistic diplomatic and policymaking understanding on this issue is, at best, limited. Event, Date3

4. Promoting Cooperative Solutions for Space Sustainability The Fora Conundrum Where can cross-cutting space security initiatives be discussed? – The experience of the EU initiative for an international Code of Conduct for space activities CD – Deadlocked – Body not particularly technically knowledgeable COPUOS – No security aspects » Does that suffice? A regime outside of the UN framework – Legitimacy? – Universal Adherence? The commercial sector – The Space Data Association Event, Date4

5. Promoting Cooperative Solutions for Space Sustainability Given the unique physics of space, what is the value of an instrument with a limited number of signatories? Event, Date5

6. Promoting Cooperative Solutions for Space Sustainability Soft Law and State Equity “Codes of conduct, as a modality of regulation international activities, are a relatively new tendency, conceived as a midway solution when there is no clear agreement on a fully legal instrument. By not being legal binding, compliance is based solely on the good will of States that wish to declare their observance to it. In the specific area of disarmament, Codes of Conduct would not suffice as effective arrangements because they lack important features needed in an international security instrument, besides being elaborated in a restricted forum not open to all States.” – Ambassador Luiz Filipe de Macedo Soares, Permanent Representative of Brazil to the CD Event, Date6

7. Promoting Cooperative Solutions for Space Sustainability Conclusions “Soft law” initiatives help build international understanding of space issues at the diplomatic and policymaking levels – Play a key role in building confidence and in building understanding on where “red lines” lie – Many governments, including those of established space States, do not yet have clear picture of how they wish to approach the current realities of a highly globalized space environment with profound national security implications. Focus should be on results as opposed to process – If soft law suffices, there is no need for a hard law instrument Event, Date7