| The Charter of the United Nations is the core of international law,and the principle of prohibiting the use of force or the threat of use of force has become a guide for safeguarding international peace and security.The trend of the militarization and weaponry of outer space poses a great threat to the safety and stability of outer space,which is contrary to the original intention of the peaceful use of outer space.Therefore,it is important to study the application of the principle of prohibiting the use of force or the threat of use of force in outer space and how to apply in outer space,and to establish an international legal mechanism for the prohibition of the use of force or the threat of the use of force in outer space,which plays an important role in safeguarding the security of outer space and even to world peace.This article mainly includes 5 parts.The first chapter,the introduction.Under the realistic background of the threat of outer space security and the increasingly strong antagonism of outer space activities,literature analysis,comparative analysis and legal text analysis is used to study the application of the principle of prohibiting the use of force or the threat of use of force to outer space.The second chapter mainly analyzes the role of the international legal system in outer space for the prohibition of the use of force or the threat of the use of force in the maintenance of the security of outer space,but it is not sufficient to prevent the use of force or the threat of the use of force in outer space because the provisions of the relevant international treaties are not comprehensive and the relevant international documents are not legally binding.The second chapter mainly analyzes the role of the international legal system in outer space for the prohibition of the use of force or the threat of the use of force in the maintenance of the security of outer space,but it is not sufficient to prevent the use of force or the threat of the use of force in outer space because the provisions of the relevant international treaties are not comprehensive and the relevant international documents are not legally binding.The third chapter points out that the prohibition of the use of force or the threat of the use of force applies to outer space,and its applicability is derived from the third articles of the Outer Space Treaty and the relevant resolutions adopted by the United Nations General Assembly.when the prohibition of the use of force or the threat of the use of force applies to outer space,question of inadequate definition of the terms "force","armed attack" and "aggression" in outer space is inadequate definition as a result of the characteristics of outer space.The fourth chapter aims to build an international legal mechanism for the prohibition of the use of force or the threat of force in outer space.The meaning of using force or threatening the use of force in outer space is expounded from the perspective of subject,object and form.The use of force is an act of deliberate damage to objects and personnel under the jurisdiction or control of his country,and the threat of the use of force is intended to express deliberate damage in oral,written or other forms.Judging whether a space activity constitutes a standard of using force is scale and consequence.In addition,the Council’s authorization to use force and self-defense rights in outer space are regulated and restricted.The fifth chapter,China’s position about the use of force or or the threat of the use of force in outer space and measures.China insists on opposing the use of force or threat of force in outer space and strictly restricting the right to self-defense in outer space.In response to the threat of outer space security,China should strive to enhance the strength of outer space,actively promote the entry into force of the draft PPWT treaty and actively participate in relevant international legislative consultations and studies. |
