Zhang Z., Yin Y. —
The legal status of planetary defense and its revelation
// International Law and International Organizations. – 2024. – ¹ 2.
– P. 68 - 82.
DOI: 10.7256/2454-0633.2024.2.70118
URL: https://en.e-notabene.ru/mpmag/article_70118.html
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Abstract: In recent years, asteroid impacts and planetary defenses have begun to attract more attention from countries. Nevertheless, the current space law still has uncertainty on a number of issues of planetary defense. Given the fact that planetary defense technology is associated with the use of space weapons, as well as the practical importance of this activity, it is necessary to study the legal status of planetary defense. From the point of view of space law research, planetary defense technologies can be divided into two types: nuclear and non-nuclear means. Regardless of whether planetary defense nuclear technology will receive a clear legal basis in the future, nuclear and non-nuclear planetary defense technology should be properly controlled and limited by multilateral cooperation mechanisms, while promoting the use of planetary defense technology for peaceful purposes. The research methods used in this article include the study of literature, analysis of international law, analysis of specific cases and mechanisms of multilateral cooperation to explore the possibilities of the legal status of planetary defense technologies. The novelty of this article lies in a comprehensive study of the legal status of planetary defense technology. Taking into account the specifics of planetary defense technologies and the need for the peaceful use of outer space, the importance of multilateral cooperation mechanisms is emphasized and a specific analysis of the use of nuclear and non-nuclear means is carried out. The article notes that, in accordance with the current legal framework of space law and arms control, planetary defense is not the use of force prohibited by the Charter of the United Nations, and that planetary defense by non-nuclear means does not violate the Outer Space Treaty. However, planetary defense by nuclear means may be limited by the norms of international law in the field of arms control. Both nuclear and non-nuclear planetary defense technologies should be properly monitored and limited by multilateral cooperation mechanisms to ensure the achievement of their peaceful goals. In general, this article provides a comprehensive and constructive analysis and conclusions about the legal status of planetary defense technology, provides background information for relevant decision makers, and highlights the importance of a multilateral cooperation mechanism to promote the rational development and peaceful use of planetary defense technology.