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Self-Defense Right In Outer Space

Posted on:2018-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:P W JingFull Text:PDF
GTID:2416330620453663Subject:International law
Abstract/Summary:PDF Full Text Request
With the continuous development of human space activities,the environment of outer space is becoming more and more fragile.Obviously,outer space warfare or other armed conflicts can lead to irreversible changes in outer space environment.So the ability of space attack and defense is of great importance to the security of a country.The construction of space attack and defense capability is the most realistic way to control and prevent the outbreak of outer air warfare.The ultimate solution,nature is illegal under international law through the deployment of weapons in outer space and the use of force,as Chinese with Russia for many years in the conference on disarmament efforts: in 2008 and 2014 respectively put forward two version of "prevent the deployment of weapons,the use of force against the use or threat of space objects in outer space treaty"(PPWT)draft.But the PPWT negotiations were deadlocked,it also reflects the "ultimate means" an international political consensus,will take time.The political need for self-defense in outer space is the fundamental factor in the interpretation of the right of self-defense in outer space.The explanation process of the right of self-defense in outer space is actually a process of different political needs,games and equilibria.In other words,the legal consistency of the right of self-defense in outer space depends on the consistency of political will.At present,the international community's discussion on the right of self-defense in outer space is still at the beginning stage,and the discussion in the academic circles has not yet been thorough.Should we admit that the right of self-defense in outer space and whether non governmental entities can become the subject of the right of outer space self defense? How to define outer space armed attacks? Is early self-defense in outer space lawful? Whether the right of self-defense in outer space should abide by the principle of prohibiting the abuse of rights,the principle of proportionality and the principle of controllable outcome Most of these questions do not have definite answers or are discussed in depth.This paper consists of six chapters,respectively,outer space self-defense meaning,nature,necessity,exercise the right of self-defense,the main goal of outer space and object space,the legitimacy of the exercise of self-defense premise and the legitimacy of the exercise of the right of self-defense in outer space limitations are demonstrated,the final conclusion.The discussion of the right of self-defense in outer space is not a purely legalissue,but its essence is political needs,but the legal proof will have a certain reaction to the political needs.It is hoped that this study can lead to and promote such a process of legal argumentation.
Keywords/Search Tags:International space law, Self-Defense in outer space, Inherent right, Weaponization of outer space, Arms race
PDF Full Text Request
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