Author Description

This is a AIR FORCE INST OF TECH WRIGHT-PATTERSONAFB OH report procured by the Pentagon and made available for public release. It has been reproduced in the best form available to the Pentagon. It is not spiral-bound, but rather assembled with Velobinding in a soft, white linen cover. The Storming Media report number is A657104. The abstract provided by the Pentagon follows: The ever-increasing convergence of U.S. military and commercial space activities poses new challenges to the viability of the legal concepts that have traditionally governed the use of outer space, and particularly the military use of space, from the beginning of the space age. This paper will look at two examples of where the melding of U.S. military and commercial space activities necessitates a reexamination of the applicable legal theories. Part I will examine the concept of self-defense in outer space, by considering the legality of the use of conventional military force to defend against "cyber-attack" on its commercial space assets. Part II will examine the concept of the use of outer space for "peaceful purposes" under international law, by focusing on the permissibility of military use of the International Space Station. As private commercial entities increasingly take their place aside State actors in outer space, understanding the impact of space commercialization on the law governing military-related activities in outer space becomes more-and-more important to policymakers, military planners, legal scholars and space law practitioners alike.