 |
 |
 |
 |
 |
|
 |
 |
China's Position on and Suggestions for Ways to Address the Issue of
Prevention of an Arms Race in Outer Space
at the Conference on Disarmament
Outer space belongs to all mankind. All countries have the
equal right in the exploration and use of outer space for peaceful purposes
irrespective
of their degree of economic and scientific development.
It is the shared desire of all mankind to forestall the spread of weapons and
arms race in
outer space.
Some people believe that since currently there is no arms
race in outer space, there is no need to discuss the issue of prevention of an
arms race in
outer space (PAROS) and to negotiate for the conclusion
of international legal instruments in this regard. However, history and reality
have both
shown that there are indeed attempts, programs and
actions to unilaterally seek military and strategic superiority in outer space
or even to control
outer space and that there has been new development in
this respect. This development, if unchecked, may lead to the weaponization of
outer
space in the near future or even to a multilateral arms
race in outer space. Therefore, it is an immediate pressing task for the
international community
to take effective measures to stop such negative
development.
Our Views on How to Address the Issue of PAROS at the Conference on Disarmament
As the single multilateral disarmament negotiating forum,
the Conference on Disarmament (Conference) should concentrate on the most
pressing
and most prominent issues in the area of international
arms control and disarmament that have the greatest bearing on global peace and
security in
the 21st century. PAROS is such an important issue and
should therefore be given top priority at the Conference. The Conference should
play a
primary role in the negotiations on the prevention of any
forms of arms race in outer space.
The United Nations General Assembly (UNGA) adopted at its
54th session, again with an overwhelming majority, a resolution on PAROS. It was
reaffirmed that to negotiate for the conclusion of an
international agreement or agreements to prevent an arms race in outer space
remains a priority
task of the Ad Hoc Committee (AHC) of the Conference. The
fact that the resolution was adopted unanimously demonstrates that it is the
common
aspiration and the pressing demand of the international
community to prevent an arms race in outer space.
Likewise, the UNGA adopted at its 54th session, also with
an overwhelming majority, the resolution on Preservation of and Compliance with
the
Anti-Ballistic Missile Treaty, an issue that is related
to the prevention of an arms race in outer space. It is stated in the resolution
that the UNGA
recognizes the historical role of the Treaty as a
cornerstone for maintaining global peace and security and strategic stability,
reaffirms its continued
validity and relevance in the current international
situation and supports further efforts by the international community in the
light of emerging
developments with the goal of safeguarding the
inviolability and integrity of the ABM Treaty in which the international
community bears strong
interest.
Since PAROS was put on the agenda of the Conference in
1982, the Conference has, through the establishment of AHC and other means, held
discussions on relevant definitions, principles, existing
treaties and confidence-building measures (CBM) and accumulated experience in
this field.
All this has laid a preliminary basis for future work in
this area. With accelerated development of outer space weapons, anti-ballistic
missiles and
other weapons systems, certain countries have stepped up
efforts for military superiority in outer space and have mapped out and
implemented an
all round plan for military superiority on the ground
through their military superiority in outer space. To prevent outer space from
becoming a new
field of arms race without prejudice to the peaceful use
of outer space has obviously become the most important and pressing task of the
Conference.
To achieve the above mentioned objectives, the Conference
shall first reestablish the AHC under agenda item 3 of PAROS to negotiate and
conclude an international legal instrument on the
prohibition of testing, deployment and use of weapons and weapons systems as
well as their
components in outer space to prevent the weaponization of
outer space and an arms race in outer space.
In carrying out its mandate, the AHC shall take into
account all relevant developments and specific proposals present and future. As
early steps
towards the negotiation of such an international legal
instrument, the AHC may discuss and review all related issues, including, inter
alia, current
military activities in outer space and their relevant
developments, the implications of such activities and developments on prevention
of an arms race
in outer space; lacuna of the relevant existing
international legal instruments; and basic elements of the future international
legal instrument.
The Chinese delegation has taken note of various ideas and
suggestions on PAROS at the Conference tabled by the various parties. China
believes
that the AHC on PAROS to be reestablished should be an
open-ended and all-embracing mechanism within which all participants may freely
air
and discuss different views. It should set as its
ultimate goal and clear mandate to negotiate and conclude one or several
international legal
instruments on the prevention of the weaponization of
outer space and an arms race in outer space.
II. Our Views on the Existing International Legal Instruments Concerning PAROS
A number of international legal instruments have been for
peaceful use of outer space and for prevention of an arms race in outer space.
They
include:
The 1963 Treaty Banning Nuclear Weapon Tests in the
Atmosphere, in Outer Space and Under Water prohibits any nuclear weapon test
explosion in outer space. The 1996 Comprehensive Nuclear
Test Ban Treaty prohibits any nuclear weapon test explosion in any
circumstances.
According to the 1967 Treaty on Principles Governing the
Activities of States in the Exploration and Use of Outer Space, including the
Moon and
other Celestial Bodies, outer space, including the moon
and other celestial bodies, is not subject to national appropriation by claim of
sovereignty,
by means of use or occupation, or by any other means.
States Parties to the Treaty undertake not to place in orbit around the Earth
any objects
carrying nuclear weapons or any other kinds of weapons of
mass destruction, install such weapons on celestial bodies, or station such
weapons in
outer space in any other manner. The establishment of
military bases, installations and fortifications, the testing of any type of
weapons and the
conduct of military manoeuvres on celestial bodies shall
be forbidden.
The 1972 Treaty between the US and the USSR on the
Limitation of Anti-Ballistic Missile Systems stipulates that each Party
undertakes not to
develop, test, or deploy ABM Systems or components which
are space-based.
Besides, the 1972 Convention on International Liability
for Damage Caused by Space Objects, the 1975 Convention on Registration of
Objects
Launched into Outer Space and the 1979 Agreement
Governing the Activities of States on the Moon and other Celestial Bodies have
all made
provisions for outer space activities. These regulations
and provisions have helped constrain military activities in some aspects in
outer space to
some extent.
However, all these instruments have failed to effectively
prevent the weaponization of outer space and an arms race in outer space. Some
have
provided for prohibitions limited in scope and contained
many loopholes and ambiguities. Some have not been fully complied with or are
likely to
be violated, amended or even abrogated. Most crucially,
as these instruments have failed to reflect the latest development of the most
advanced
aerospace technologies, they can not possibly prevent the
potential weaponization of outer space and an arms race in outer space in the
21st
century.
The Chinese delegation believes that the most direct and
effective way to prevent the weaponization of outer space and an arms race in
outer space
is to negotiate and conclude new international legal
instruments while strictly observing the existing bilateral and multilateral
agreements pertinent to
outer space.
III. China's Basic Position on PAROS
China has always opposed arms race, including arms race in
outer space. China maintains that the exploration and use of outer space should
only
serve to promote the economic, scientific and cultural
development of a country and should benefit all mankind.
With the use of military satellites, outer space has
already been militarized to some extent. Military satellites involve rather
complex issues and their
role should not be all together negated. Therefore, the
primary goal at present in our efforts to prevent the weaponization of and an
arms race in
outer space is to ban the testing, deployment and use of
weapons and weapons systems as well as their components in outer space.
What should be particularly pointed out is that the powers
with the greatest space capabilities should assume special responsibilities in
preventing
the weaponization of outer space and an arms race in
outer space and ensuring the use of outer space for peaceful purposes. Pending
the
conclusion of a new multilateral legal instrument on
prevention of an arms race in outer space, all countries concerned should
undertake not to test,
deploy and use any weapons and weapons systems as well as
their components in outer space.
IV. Tentative Ideas on New International legal Instruments
For the moment, the Chinese delegation believes that new
international legal instruments to be concluded on prevention of the
weaponization of
outer space and an arms race in outer space, in whatever
form or by whatever name, should contain the following basic elements:
Purposes: prevent the weaponization of outer space and an
arms race in outer space and use outer space for peaceful purposes.
Basic obligations: undertake not to test, deploy and use
weapons and weapons systems as well as their components. Besides, it is
advisable for
such instruments to have an article for activities not
prohibited. As a result, activities both prohibited and not prohibited are
clearly identified in these
instruments to ensure States Parties their lawful rights
to utilize outer space for peaceful purposes.
An article on definitions, which is to give unmistaken
definitions to the concepts mentioned in the said legal instrument, e.g., outer
space, outer
space weapons, weapons systems, components of weapons
systems and etc..
To provide for appropriate national implementation
measures and designate or establish appropriate organizations to ensure that
States Parties
implement in instruments in a uniform and effective
manner.
An article on international cooperation in peaceful use
of outer space to promote international exchanges, technical assistance and
cooperation for
peaceful purposes so that all countries will be able to
benefit from the economic and technological results that mankind's
scientific and technological
development in outer space has brought about and that
outer space will truly serve all space.
Verification. We must first consider fully its technical
feasibility. And then we must consider and decide on which way to forestall
treaty violation,
verification or other alternative measures.
An appropriate mechanism for consultations and
clarification and resolution of possible disputes in order to appropriately
address suspicions and
disputes that might arise among States Parties.
Appropriate, rational and workable confidence-building
measures to enhance mutual trust among States Parties and preempt unnecessary
suspicions among them over some activities.
Procedural articles commonly contained in international
legal instruments, such as articles on amendment, length of validity, signature,
ratification,
entry into force, depository and authentic texts, which
should of course also address some sensitive and key issues.
The Chinese delegation wishes to emphasize that these are
only tentative ideas that need to be developed. We are advancing ideas very
tentative so
as to give all participants some food for thought, pool
the wisdom of all and have a fuller and more detailed discussion of the relevant
issues at the
Conference. We will actively participate in such
discussions and negotiations with an open mind, listen to and accept all the
good ideas and
proposals from all parties. We will make unremitting
efforts to prevent the weaponization of outer space and an arms race in outer
space and to
ensure peaceful use of outer space to the benefit of all
mankind.
This
material is produced independently for NTI by the James Martin
Center for Nonproliferation Studies at the Monterey Institute of
International Studies and does not necessarily reflect the
opinions of and has not been independently verified by NTI or
its directors, officers, employees, agents. Copyright © 2007 by
MIIS.
