A New Guide to International Law and Military Activities in Outer Space

Earlier this month, a SpaceX mission called Polaris Dawn launched four civilians into outer space. The crew completed the first ever “commercial spacewalk” while floating more than 800 miles above the Earth’s surface. But private companies aren’t the only ones interested in exploring the stars. Militaries are increasingly using space for a comparative advantage, from Russia’s plans to place a nuclear weapon into orbit to China’s development of anti-satellite weapons for the final frontier. 

And while these “new space races” are full of emerging technology, the law that governs outer space is decades old and incomplete. Much of it was developed in the 1960s and 70s. It remains murky and the legal guardrails, where they exist, are largely untested. 

Recently, experts from academia, industry, and government have published the Woomera Manual on the International Law of Military Space Activities and Operations. The Manual is the first comprehensive and detailed articulation of how international law applies to military operations in outer space.  

What motivated the project of drafting the Manual, and how was it developed? How might it benefit the future development of space law and where do gaps remain? 

Co-hosting this episode is Just Security’s Co-Editor-in-Chief, Tess Bridgeman. 

Joining the show to discuss the Woomera Manual are two of its editors, Jack Beard and David Koplow. Jack is a Professor of Law and the Director of the Space, Cyber, and National Security Law Program at the University of Nebraska College of Law. David is the Scott K. Ginsburg Professor of Law at Georgetown University Law Center where he specializes in public international law and national security law. 

Show Notes: 

• Jack M. Beard
• David A. Koplow
• Tess Bridgeman (@bridgewriter)
• Paras Shah (@pshah518)
• David’s Just Security article “In the Woomera Manual, International Law Meets Military Space Activities” 
• The Woomera Manual on the International Law of Military Space Activities and Operations
• Just Security’s Space coverage
• Just Security’s International Law coverage
• Just Security’s Law of Armed Conflict coverage
• Music: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)