New Technologies and the “Weaponization” in Outer Space

The weaponization of outer space and the prevention of conflicts in this environment are subjects deeply discussed in the international community. On the one hand, the weaknesses of the legal framework established by the five UN treaties can be covered enough by the application of international law, including the UN Charter, to space activities as established by art. III of the Outer Space Treaty. On the other hand, it has been highlighted that the issues surrounding the weaponization of outer space present several features, such as the fact that many space technologies have dual-use capacity, making it difficult for States to distinguish between defensive and offensive preparations or conventional and space weapons. However, it is in the interest of all countries to reach an agreement that prevents the weaponization of outer space, due to the uncertainty in the legal framework and the rapidly advancing technologies. Notwithstanding, a more traditional approach resulting in hard law, States are more oriented towards the negotiation of non-binding instruments. These tools should not be underestimated because they provide, in any case, guidelines or standards of conduct that can influence the actions of the States and constitute an indispensable function for the development of an adequate legal framework.