Keep Our Eyes on the Sky - The Economic Times, 27 March 2019

I wrote an OpEd, "Keep Our Eyes on the Sky," for The Economic Times on the Indian anti-satellite (ASAT) test conducted on March 27. Now that India has a demonstrated ASAT capability, New Delhi's focus must be ever more in strengthening the global space regime.

India became the fourth country to demonstrate an anti-satellite (ASAT) capability by conducting its first test on March 27. This has ensured that New Delhi does not meet the same fate as it did in the nuclear domain, should there be a global initiative that bans ASAT tests in the future.

There was a fear that India might miss the bus again and the three countries that had conducted such tests in the past — the US, Russia and China — could formalise an instrument that would place an effective ban on India from conducting an ASAT in the future. Indian policymakers from across the civilian, scientific and military bureaucracies were mindful of such an eventuality.

Make Space for Me
But now that it has demonstrated such a capability and ensured a seat at the ‘high table’, India should take a leading role to channelise its efforts to avoid weaponisation of outer space. This is to be undertaken both for the internal and external aspects of India’s space security policy.



Reports such as Prime Minister Narendra Modi asking National Security Adviser Ajit Doval to prepare draft space doctrine could send misleading misperceptions about India’s objectives. This government appears to be taking the same approach as the Atal Bihari Vajpayee government did after the Pokharan-2 nuclear tests in 1998, when it immediately began preparing a draft nuclear doctrine.

While clarity is required in terms of the future steps, GoI must also appreciate that there are important differences with the 1998 nuclear tests and what followed from that. ASAT capability is not a war-fighting capability and, therefore, plans to operationalise such capability need to be treaded carefully.

In this sense, it is different from the circumstances of 1998. Though nuclear weapons tests were not for war-fighting purposes either, there was a need then to come out with a doctrine to outline India’s deterrent posture and its limited nature. But such operationalisation is not required with the ASAT capability — unless it turns out that others are operationalising their ASAT capabilities too, of which there is no sign yet.

It is reported that India plans to create institutional authority along the lines of the Nuclear Command Authority (NCA), which will deal with issues of actual operationalisation of this capability within India’s military with clear counter-response options appropriated.

One senior official is reported to have said, “We have to lay down the defensive/offensive steps required in case Indian satellites are destroyed or degraded or there is access denial by an adversary through electro-magnetic radiation.”

While this clarity is appreciated, such actions should not lead to more alarm bells ringing. So far, none of the other countries who have acquired such ASAT capability have operationalised such a capability. The fact that space has not become part of overt deterrence calculations for any of the spacefaring powers is an encouraging sign that must be maintained.

Some of the immediate steps that India needs to articulate are, first, what kind of activities in space need to be restricted. This can be done by first producing a backgrounder or policy paper highlighting the importance of outer space for meeting India’s developmental and strategic functions.

This should detail the kind of space environment that must be maintained to ensure that deterrence does not become a reality in outer space and, thereafter, to suggest means and ways to strengthen norms of responsible behaviour. India may be accused of being hypocritical, but India was more of a reluctant ASAT power and has been compelled to act because of the worsening security competition within the space domain.

Not a LEO Toy
But having decided to do an ASAT, it must be recognised that India conducted the test in a responsible and transparent manner. The fact that India decided to do it an altitude of 300 km in low earth orbit (LEO) ensured that its action did not lead to the creation of long-lasting space debris.

Despite a much-reported complaint from Nasa about the Indian test leaving debris that could “pose a risk to the International Space Station” and adding that it was a “terrible, terrible thing”, so far, according to the US Strategic Command’s Joint Force Space Component Command (JFSCC), there are about 250-270 debris pieces that have been generated from the Indian ASAT test — which is more along the lines of the debris created during the US ASAT test in 2008, which was also at a similar altitude.

A second aspect that India needs to emphasise is outlining rules for what is permissible. India has interests in ensuring that outer space is kept clean, safe and secure for future generations to use as well.

It also has interests in strengthening its credentials in global space governance. Until now, New Delhi could not play an active role in this because it did not have that capability that gives it a voice in this arena.

Now that India has successfully demonstrated its ASAT capability, it should play an important role in mitigating problems such as space debris, space traffic management, orbital frequency issues and other issues that are important for ensuring safe and secure access to outer space. India should partner with like-minded countries in initiating these conversations and take them to meaningful international platforms such as Conference on Disarmament, UN First Committee and UN Disarmament Commission.

India’s Missile Test Spotlights Its Lingering Space Challenges, The Diplomat, March 28, 2019

In this week's Diplomat column, I focused on India's demonstration of the ASAT capability arguing that while a recent test is no doubt historic, New Delhi has much work left to do to address the challenges that remain.

Earlier this week, Indian Prime Minister Narendra Modi made a televised address to announce that India had conducted an anti-satellite (ASAT) missile test from the Dr. A. P. J. Abdul Kalam Island launch complex. Modi went on to tweet that this is a moment of “utmost pride” and an event of “historic impact.”

The test targeted and destroyed one of India’s own satellites operating in low-Earth orbit (LEO). A press release, rather an FAQ issued by the Ministry of External Affairs, claimed that the test was “fully successful” and achieved all mission objectives.

Modi also recalled the precise and complex nature of the exercise, saying “#MissionShakti was a highly complex one, conducted at extremely high speed with remarkable precision. It shows the remarkable dexterity of India’s outstanding scientists and the success of our space programme.”

For the full piece, click here.



It is not clear when India’s ASAT program started but it is safe to assume that it began after the first successful Chinese ASAT test in January 2007. Going by the statements issued by scientists, ministers, as well as military leaders, it is clear that China’s ASAT was a big factor. The previous government of the United Progressive Alliance (UPA) led by the Congress party has indeed taken credit for starting the program. Former Defense Research and Development Organization (DRDO) officials like Dr. V.K. Saraswat had previously stated that India had developed the technological blocks for an ASAT demonstration but lacked the political will to demonstrate the capability.

Traditionally, India’s space program focused largely on civilian and developmental uses but has increasingly had a national security and strategic focus also. Over the last decade, India has deployed a number of satellites with specific national security roles in surveillance as well as military communication. It launched the first dedicated military satellite for the Indian Navy in 2013. This was the result not just of India’s growing technological capacity but also of the increasing competition in the space arena.

China’s efforts to catch up with the United States in outer space, while understandable, also have a second-order impact on India’s national security. And China’s power in both Asia and particularly in South Asia means that New Delhi could not ignore China’s capabilities, including in outer space. Terrestrial conflict and competition have begun to impact outer space activities too, much as during the Cold War between the United States and the Soviet Union.

In addition, India has also felt the need to conduct spectacular space operations to demonstrate its capabilities. These help demonstrate India’s achievements and possibly give it a bigger voice in international discussions about managing outer space. Though international management of outer space is beginning to fray, with more players, more challenges, and greater nationalism, this is all the more reason for countries like India to make efforts to re-establish some of the norms and rules of managing outer space.

But developing technological capabilities is only one dimension of the challenges India faces. An equally serious challenge is building the institutional apparatus within the government to use these capabilities in the most effective manner possible. To take just one example, the Indian government established the Integrated Space Cell more than a decade ago, which was a good first step, but the Cell has not been able to perform the kind of integrative functions it was originally meant to.

Similarly, the establishment of a triservice aerospace command has been debated for two decades with no real progress. The idea was first articulated by Air Chief Marshal SK Sareen back in 1998 when he headed the Indian Air Force (IAF). Two decades later, India is getting closer to having a Defense Space Agency but not yet a Command. Many in the IAF leadership have argued that the changing nature of warfare, with greater integration of space capabilities as seen during the U.S. military operations in Iraq and Afghanistan, should be clear imperatives for India to proceed with institutional changes. Moreover, other countries like China are learning from United States’ operations and reorienting their own space programs.

But India has not progressed much in developing an integrated approach to outer space or creating the institutional architecture to ensure greatest effectiveness and efficiency. This task, in fact, may be harder than just developing technology, which is one reason why this has not kept pace with technological developments.

Another area where New Delhi must change is with regard to its involvement in global space governance. India so far has been quite reluctant to get involved in space governance or in the debates about its future. Having demonstrated its ASAT capability, India should not shy away from playing an active role in ensuring that outer space remains peaceful, without weapons, and developing mechanisms that would curb certain irresponsible actions in outer space. At the very least, India should take the lead in shaping the norms of responsible behavior even if formulating legally binding mechanisms are challenging given that developing consensus among major spacefaring powers has been the biggest challenge in this regard.

Having Tested Its ASAT Capability, India Should Help Shape Global Space Norms - The Wire, March 28, 2019

In a second piece on India's ASAT test, I published a short essay in The Wire. I argued here that now that India has demonstrated its ASAT capability, it should move away from its current position of ambiguity to taking a proactive role in shaping the norms, rules and regulations in this area. Having crossed the rubicon, it can join the conversations along with other established space powers to ensure that space remains weapons-free.

Prime Minister Narendra Modi announced on Wednesday that India has conducted an anti-satellite missile test against a live satellite in low earth orbit (LEO). The ASAT test from the Dr. APJ Abdul Kalam Island launch complex lasted for three minutes and was claimed to be “fully successful” and accomplished all the parameters set out for the missions.

Modi also tweeted that this was a proud moment for India and stated that this test is special for two reasons: First, “India is only the 4th country to acquire such a specialised and modern capability,” and second, “The entire effort is indigenous. India stands tall as a space power! It will make India stronger, even more secure and will further peace and harmony.”

Thereafter, the Ministry of External Affairs provided some additional details on the rationale and the timing for the test in the form of FAQs. The document underlined the rationale for India to demonstrate its ASAT capability as a means “to safeguard our space assets”.

For the full essay, click here.



ASAT itself is not a new technology. The US and the Soviet Union had conducted many ASAT tests during the latter years of the Cold War. After a voluntary moratorium that was in place for more than two decades, China conducted its own first successful ASAT test in January 2007.

The Chinese ASAT test was conducted at an altitude of 865 km and resulted in the creation of 3,000-odd pieces of long-lasting space debris. This was followed by the US, which conducted its own ASAT test, bringing down an old satellite in 2008 at an altitude of 275 km, but with very limited debris. India’s test today was at an altitude of 300 km and thus any debris that has been created could burn up in the atmosphere or come down in a few weeks and months. The larger pieces of debris will come down much faster because gravity will act on them more, but even the smaller pieces should down-enter the atmosphere and burn up in a few months’ time.

India’s demonstration of its ASAT capability has obvious implication for national and international security. For instance, though other countries have tested this capability, they are not thought to have actually deployed it. India is also likely to follow the same path and avoid deploying this system. However, this does not take away from the utility of the demonstration itself. This was required in order to avoid some of the mistakes that India had done in other areas, such as the nuclear domain. India refused to test its nuclear capability in the 1960s, thus being left out of the Non Proliferation Treaty’s category of “nuclear weapon state”.

Clearly, India does not want an NPT for space to be developed and then be banned from developing and demonstrating its ASAT capability. Before today’s test, there were only three countries that have demonstrated this capability and the three could easily come up with an international mechanism that would ban additional ASAT tests. India has been mindful of any such efforts to develop political and legally binding agreements addressing the trend towards weaponisation.

The other key question is the rationale for India to do the ASAT test. Since China’s ASAT test in January 2007, India has been concerned about the security of its space assets. Given India’s investment in the outer space domain including the services and ground infrastructure, India has significant material stakes. Therefore, developing certain deterrent capabilities against any ASAT threat is important.

Now that India has demonstrated its ASAT capability, it should move away from its current position of ambiguity to taking a proactive role in shaping the norms, rules and regulations in this area. Having crossed the rubicon, it can join the conversations along with other established space powers to ensure that space remains weapons-free.

There have been a number of efforts in recent years, including the Code of Conduct proposed by the European Union in the early 2010s to the current UN Group of Governmental Experts (GGE) on Prevention of Arms Race in Outer Space (PAROS), which will submit its report soon to the UN General Assembly for further action. India can and should be an active player in these deliberations.

India’s ASAT test: Further steps - ORF March 28, 2019

SO, India finally conducted an anti-satellite (ASAT) test on March 27, 2019. And there I was in Geneva for the UN Group of Governmental Experts (GGE) Meeting on Prevention of Arms Race in Outer Space (PAROS). The timing was interesting and strange in many ways. But amidst all the GGE work, I managed to write a few OpEds on the ASAT test, the strategic implications of it and what needs to be done now that it has a demonstrated ASAT capability.

For the ORF, I wrote a piece examining the next steps following the ASAT test. India’s ASAT test is not surprising although the timing of the test is. India started developing its ASAT capabilities in the last decade after the first successful Chinese ASAT test in 2007. It goes without saying that other countries could follow suit and build ASATs. But China made the first move with regard to ASATs and it took India a dozen years to decide whether it wanted to demonstrate this capability or not.

Indian Prime Minister Narendra Modi announced yesterday that India has conducted an anti-satellite (ASAT) missile test, hitting a live satellite at an altitude of 300 kms. This makes India only the fourth country after the US, Russia and China to demonstrate such a capability. The only other country that is thought to have this capability is Israel, although it has not demonstrated it as yet.

India’s ASAT test could raise some questions given that it is likely to be perceived as a path to weaponisation but Modi argued that this was a “defensive” move meant to secure India’s own assets. He said, “Our aim is to maintain peace over war mongering. The space programme’s aim is peace, India’s economic and technological progress.” Highlighting the salience of space to India, Modi asserted, “Today, we are using space and satellites for all sorts of purposes, including agriculture, defence, disaster management, communication, entertainment, weather, navigation, education, medical uses, and other things. In such a situation, the security of these satellites is extremely important.”

In fact, the former DRDO chief Dr. VK Saraswat has claimed several times that India is developing the necessary technologies in order to destroy an enemy satellite. In fact, the successful testing of India’s anti-ballistic missile on March 6, 2011 was seen as taking a step closer to India’s development of an ASAT capability.

For the full article, click here.



Many will question the need for India to develop and test such capabilities when it is mired in a number of developmental challenges but the fact is that India is not located in a benign neighbourhood and cannot afford to ignore the new realities within the region and globally within the space domain. Therefore, even though India’s space programme is largely civilian oriented, it has acquired a slightly greater focus on national security concerns. While India still wants to ensure that outer space remains free of weapons and continues as a domain of peace and stability, it is of course not up to New Delhi alone to ensure that. India cannot avoid the increasing militarization of outer space and ignoring this reality will only hurt India’s security interests. Moreover, these developments are taking place at a time when there is a larger power transition within Asia and beyond. India’s difficulties with an aggressive China have also been pushing India down this path.

India has come a long way as far as the ASATs are concerned. From fierce opposition to the US and Soviet ASAT tests in the 1970s and 1980s, India has come to appreciate the strategic utility of these capabilities and demonstrations. While India’s approach to non-proliferation issues and the global regimes has been changing since the early 2000s, a clearer articulation on space began to appear after the Chinese ASAT test in January 2007. The Chinese test was a wake-up call for Indian policymakers who called for breaking down some of the bureaucratic and inter-departmental barriers within the Indian government to better address this threat. Then DRDO Chief Dr. M Natarajan suggested that there must be greater integration between institutions such as Defence Research and Development Organisation (DRDO) and Indian Space Research Organisation (ISRO). Similar statements were echoed by former ISRO chiefs like Dr. K Kasturirangan, who said that India has spent huge amount of resources to develop and place assets in space and therefore there is responsibility “to protect them from adversaries.”

India did not have knee-jerk reaction to China’s tests but given the worsening security competition, New Delhi had little choice but to make this decision in the interest of ensuring deterrence. But all sides will lose in such an unbridled competition because all are dependent on space.

Now that India has crossed the rubicon and has a demonstrated ASAT capability, New Delhi must make earnest efforts to help develop rules of the road that will bring about certain restraint in outer space activities. Under the current international political climate, it is unrealistic to assume that the major spacefaring powers will develop a consensus for a global treaty but India must not lose opportunities in making those efforts. At the very least, India must coordinate with all the key players in producing some consensus language about those global governance arrangements that can be taken up in multiple foras including the Conference on Disarmament, UN First Committee, and UN Disarmament Commission.

India Changing Tack on Space Policy, my essay for AsiaGlobal Online Journal

Here's an essay of mine on the changing strategic dynamics in Asia including the outer space domain and how India is responding to that, published by the AsiaGlobal Online Journal.

India is scheduled to launch the lunar rover Chandrayaan-2 in 2018, an emblematic sign of the country's will to step up its space policy. Its efforts in this arena include a revival of international partnerships and a change in its position on space militarization. In the absence of an adequate global governance regime, such activity extends geopolitical tensions to outer space.

India has one of the oldest space programs in the world — in operation for more than five decades — and is considered an established spacefaring power. Today, the country is gradually reorienting its space program towards national security. This new approach is driving India to forge partnerships with countries such as Japan, and revise and strengthen old links with partners like the US and France. India’s changing tack towards a more security-driven space program is spurred by new geopolitical realities. But could this changed stance on space policy also spark further geopolitical competition?

For the full essay, click here.



Before we delve into the substance of India’s new space program, two points need to be made. First, India’s space program remains overwhelmingly focused on civilian initiatives, and the new and developing attention on the security utilities of the program will not fundamentally change its civilian orientation. The development of new capabilities that help address India’s national security concerns is an addition to, and not a replacement of, existing capabilities.

Second, India’s interest in developing these technologies is somewhat reactive, driven by the development of such capacities in other countries: China, for example. There is little to suggest that India’s expansion of the scope of its space program is being driven by purely domestic political interests or technological imperatives.

Japan and France, New Strategic Partners

The larger geopolitical developments in the region constitute a critical factor. The India-Japan strategic partnership, which has been steadily growing over the past decade, is a testament to the new geopolitical realities in the region. It is worth recalling that for decades, these countries had rather cool relations. Not anymore. China’s rise affects both, and they have reacted together. Space is one of the many arenas where this new strategic cooperation can be seen.

Naoki Okumura, president of the Japan Aerospace Exploration Agency (JAXA), stated, “India and Japan will lead the space sector in the Asia-Pacific region.”

Indian Prime Minister Narendra Modi and Japanese Prime Minister Shinzo Abe further elevated India-Japan space cooperation in September 2017, when the two leaders underlined the importance of their bilateral collaboration “in the field of Earth observation, satellite-based navigation, space sciences, and lunar exploration.” Emphasizing the significance of the countries’ joint lunar mission in November 2017, Naoki Okumura, president of the Japan Aerospace Exploration Agency (JAXA), stated, “India and Japan will lead the space sector in the Asia-Pacific region.”

Just a few weeks ago, India entered into similar engagements with France. French President Emmanuel Macron’s recent visit to India saw surprisingly strong statements of deeper strategic cooperation between the two countries. So dramatic is this intensification of the relationship that some noted commentators have even suggested that France could be as important an ally for India as Russia has been.

India and France will be collaborating on a range of issues in defense and security. Their agreements on space and maritime security in the Indian Ocean, in particular, stand out in terms of the actionable agenda that New Delhi and Paris are working on. As is the case in collaboration between India and Japan, India and France are driven by shared global and regional security concerns, including maritime security, freedom of navigation and overflight, and respect for international law, among other issues. The two sides are planning on employing space assets to develop effective maritime domain awareness (MDA), given their increasing concern about maritime security in the Indo-Pacific.

As with France, India’s relationship with the US is also undergoing a strategic deepening, with the two countries sharing political and strategic goals in the Indo-Pacific region.

On the Road to Space Militarization?

This new focus on using space for security purposes has not come easily for India. India has traditionally been opposed to using space for security-related functions. In fact, from early on, India played an active role in pushing to keep outer space beyond interstate conflicts. In one of the first articulations on the issue at the United Nations, Indian representative Krishna Rao argued in 1964 that outer space was a new field, so “there were no vested interests to prevent the international community from embarking on a regime of cooperation rather than of conflict.” As he saw it, space fortunately did not have any regimes in place, so the questions were “not those of modifying an existing regime but of fashioning a new pattern of international behavior.” This had consistently been the Indian position: that space should only be used for peaceful, cooperative purposes.

In accordance with this position, India was stridently opposed to the US Strategic Defense Initiative (SDI) in the 1980s. In 1985, Muchkund Dubey, India’s ambassador to the Conference on Disarmament, criticized the SDI and “called for negotiations to prevent an arms race in outer space.” This policy stance continued even after the end of the Cold War.

This had consistently been the Indian position: that space should only be used for peaceful, cooperative purposes.

But over the last decade, there have been signs of change in India’s space policy orientation, especially its position on space militarization. For example, India supported the Bush administration’s decision to withdraw from the Anti-Ballistic Missile Treaty, though this did not result immediately in any specific changes in Indian space military capabilities or even programs. This can be traced, partially, to larger political objectives.

A Response to China’s Geopolitical Positions

Real change in India’s space policy orientation came after January 2007, when China conducted its first anti-satellite (ASAT) missile test. This was compounded by changing geopolitical alignments and the shifting military balance in Asia. All of this is now driving new races, including in outer space. Though the primary competition is between the US, Russia, and China, there is a second rung of competition involving, among others, India because of China’s growing capabilities and the ambiguity of its policies, as well as the aggressiveness of some of its postures.

India has come to acknowledge that space may not remain a purely civilian domain.

China’s ASAT test in January 2007 is particularly important in this regard. China may have been responding to the capabilities already developed by the US and Russia during the Cold War, but its ASAT test was an eye-opener for New Delhi with regard to the kind of threats India must be ready to confront right in its backyard. Since then, India has nuanced its position on space militarization.

India has come to acknowledge that space may not remain a purely civilian domain. The implication of this is that if India does not improve its own capabilities, it may be left lagging behind in a critical area. Thus, India has set up an “Integrated Space Cell” within its Ministry of Defence, and has been discussing other administrative reforms.

There is, of course, little doubt that others, including Pakistan and China, will respond to the growing sophistication of India’s capabilities. There is little that India can do about this; what is clear is that the growing geopolitical tensions in Asia are going to reach outer space.

EU’s New Space Code: A Significant Improvement, my OpEd on the EU's new space code, published in this week's Space News....

Here's an OpEd of mine on the EU's new Space Code published in this week's Space News.

A new draft of the European Union (EU)-initiated International Code of Conduct for Outer Space Activities is out. The text of this draft is a huge progress from the previous versions, incorporating many of the comments and suggestions from countries around the world. The language of the new document is tighter and avoids some of the vagueness of the earlier drafts, which had been a cause for concern.

For the full essay, click here.






A new draft of the European Union (EU)-initiated International Code of Conduct for Outer Space Activities is out. The text of this draft is a huge progress from the previous versions, incorporating many of the comments and suggestions from countries around the world. The language of the new document is tighter and avoids some of the vagueness of the earlier drafts, which had been a cause for concern.

One of the key changes is that the new draft has made it amply clear that it is not in conflict with any of the existing treaties and conventions and that it is fully consistent with other U.N. instruments, including previous international legal instruments, declarations, principles and guidelines.

Starting with the Preamble, the new draft makes explicit the objectives of the code, highlighting “greater international cooperation, collaboration, openness and transparency.” More importantly, the new text omits the reference to the “legitimate defence interests of States.” This clause was seen as particularly troublesome by many states given that it could be interpreted subjectively, favoring certain states to potentially weaponize their space capabilities.

Under General Principles, the new draft clarifies the right to individual or collective self-defense in the face of vehement criticism that the right may be pursued by states to legitimize acts of weaponization. While the reference to the right to self-defense has been retained, it has been balanced with the principle of refraining “from the threat or use of force against the territorial integrity or political independence of any state or in any manner inconsistent with the purposes of the Charter of the United Nations” in an effort to reflect customary international law, as enshrined in the U.N. Charter. Oddly, this clause generated no debate in the Asian context or even among the major spacefaring powers. The principle is also mentioned in the draft treaty proposed by Russia and China (Article 5) — a fact that could infuse confidence among a large number of developing countries.

In the section on Safety, Security and Sustainability of Outer Space Activities, clause 4.2 avoids a troubling qualification (contained in the 2012 version) that in conducting outer space activities, states will “refrain from any action which brings about ... damage, or destruction, of space objects unless such action is conducted to reduce the creation of outer space debris” (emphasis added). The new version has removed this qualification. The earlier version raised problems because of the subjective manner in which actions could be justified as legitimate and also who determines what actions can be deemed legitimate and that a particular activity has been undertaken to reduce creation of outer space debris.

The one area where some concerns continue is the distinction made between countries that sign the code and those that do not.

Section 5 of the new version, Cooperation Mechanisms, is a good example. Clause 5.1 of the new text says that subscribing states “resolve to notify, in a timely manner, to the greatest extent practicable, all potentially affected Subscribing States of any event related to the outer space activities they are conducting which are relevant for the purposes of this Code, including: scheduled manoeuvres that could pose a risk to the safety of flight of the space objects of other Subscribing States.” Similarly, clause 5.2 says, “The Subscribing States resolve to provide the notifications on any event related to the outer space activities described above to all potentially affected Subscribing States.”

This distinction continues in Section 6, on Information on Outer Space Activities, which also calls for sharing information only among subscribing states. Indeed, the new text actually omits the reference in the previous text to sharing information with nonsubscribing states. Clause 6.2, for instance, states that subscribing states may provide “timely information on outer space environmental conditions and forecasts ... to relevant governmental and non-governmental entities of other Subscribing States.”

Such distinctions between subscribing and nonsubscribing states may have been included in order to create pressure on states to endorse and become parties to the code, but there are two problems, especially when it comes to information sharing:

n It goes against many of the U.N. and other multilateral instruments on space that encourage sharing of information among all states.

n Outer space being truly global commons, any threat to space assets that could cause damage or destruction through collision or other means needs to be shared irrespective of whether a particular state is a party to the code. Space debris does not make a distinction between subscribing and nonsubscribing states, and a collision will result in polluting the outer space environment further. Sharing information with nonsubscribing states might create free-rider problems, but is it really in the interest of any state, including those that accept the code, to not share information when all states could be potentially affected?

The second area of concern is with regard to the terms and conditions for international cooperation, which the new code leaves to individual states to determine. While the code should not be restraining those that are aspiring to emerge as spacefaring nations, leaving it to individual countries to formulate rules of engagement and cooperation could make the situation far more dangerous. Cooperation between states could be seen as positive, as a means of building greater confidence. But unregulated cooperation could increase regional or international insecurities, affect regional military balance, and even contribute to an arms race in space. Therefore, cooperation in space needs some regulation, and regimes need to spell out rules of the game for such cooperation.

Of course, this should not be in the form of technology controls and arms control in space, which are unlikely to work. What needs to be pursued is regulation in terms of how space technology is used, which would involve establishing rules for operations and activities rather than control of technology.

Thus, the new draft is a significant step forward. The language has been tightened to make it more precise and thereby avoid ambiguity and loopholes. The document is particularly mindful of the interests of emerging space actors and instituting measures for greater international cooperation. There have also been several practical measures suggested for more transparency (influenced by the language of existing instruments such as the Report of the U.N. Group of Governmental Experts on Transparency and Confidence-Building Measures in Outer Space Activities) that could instill greater confidence among states, which also could address the political difficulties among major powers.

Given the growing number of challenges to safe and sustainable exploitation of outer space, it is time for concerted action by the global community. Outer space is truly a global commons and the responsibility for its safety and sustainability needs to be shared. One state’s action in this domain can affect a large number of states and their assets, which also suggests the need for greater cooperation and mutual consideration. Space is also a limited commodity and therefore measures to strengthen sustainable use of outer space should be actively pursued.