20 June 2024 – Online conversation
The Summary summarizes the key discussions and outcomes of the seminar, focusing on space defence and sustainability.
Organizers: Central European Academy, Budapest, Hungary; Kozminski University, Warsaw, Poland.
Date and location: June 20, 2024; Budapest, Hungary (hybrid format).
Research Project: The Seminar has been organized as a dissemination event within the project: „The development of the European and national defence industry and defence innovation in the European Union’s common defence policy: legal framework from a central European perspective” as part of the Central European Professors’ Network.
Participants: Katarzyna Malinowska, Fabio Tronchetti, Paweł Biernat.
Introduction
The Seminar titled „Space defence versus Sustainability” was conducted by Katarzyna Malinowska, Paweł Bernat, and Fabio Tronchetti, focusing on the intricate relationship between space defence initiatives and the sustainability paradigm in space activities. The discourse aimed to bridge the gap between space and defence, emphasizing the legal, practical, and ethical challenges posed by the increasing militarization of space.
Report on the Seminar:
The Seminar started with the introduction given by Katarzyna Malinowska and followed by the discussion between the experts. The following topics were discussed:
1.‘Breaking Silos Between Space and Defence’
Thierry Breton, the Commissioner for Internal Market, highlighted the pivotal role of space in both economic and security interests. Breton noted that space is an increasingly contested arena with various actors striving for dominance. The European Union’s new strategy marks a significant shift towards bolstering resilience in space, merging space and defence sectors to enhance security and defence mechanisms. This strategy aims to dismantle existing silos, thereby strengthening flagship programs that leverage space for security and defence purposes.
2. The Seminar explored the legal challenges associated with the integration of space defence and sustainability. Sustainability is positioned as a leading paradigm in space laws, guiding discussions on the responsible and ethical use of space.
Experts attending the seminar addressed such important topics as the link between civilian space projects and the need for security in the current geopolitical situation. In particular, the changing position of the European Union was highlighted. Experts expressed the opinion that reconciling security and sustainable development issues is difficult, and in the event of conflict, security will gain priority. However, it is very important to reconcile these two values, because without sustainability it will not be possible to use space for security purposes. Hence, efforts to this end should be coordinated through international discussions, even if there is no binding legislation in this regard.
3. The concept of sustainability in space activities was framed through historical references and fundamental principles:
1987 Brundtland Report, “Our Common Future”:
– Defined sustainable development as development that meets the needs of the present without compromising the ability of future generations to meet their own needs.
– Introduced two core concepts: prioritizing the basic needs of the impoverished population and recognizing the constraints imposed by technological and societal structures on the environment’s capacity.
1992 UN Conference on Environment and Development (UNCED) – “The Earth Summit” reinforced the principles of sustainable development.
4. EU Strategy for Sustainable Development (2001):
– Emphasized safeguarding the earth’s capacity to support life in all its diversity.
– Based on democracy, gender equality, solidarity, rule of law, and respect for fundamental rights.
– Aimed at improving the quality of life and well-being on Earth for present and future generations.
5. The Guidelines for the Long-term Sustainability of Outer Space Activities
These guidelines were highlighted as a cornerstone for the modern regulation of space activities, ensuring that sustainability remains a primary axiom.
6. Academic Initiatives on Regulating Space Military Operations
The Seminar underscored the importance of academic initiatives like the Manual on International Law Applicable to Military Uses of Outer Space (MILAMOS) Project. Launched in May 2016, this project aims to clarify international law applicable to military uses of outer space during peacetime. It seeks to establish fundamental rules that contribute positively to the sustainability and future of human endeavours in space.
5. Sustainability in the EU Space Law
The EU space law integrates sustainability into both theory and practice, particularly concerning space military operations. This integration ensures that space activities align with broader sustainability goals.
6. Responsible Behaviour and Sustainability
The Seminar addressed the reduction of space threats through norms, rules, and principles of responsible behaviour. The UN Resolution A/RES/76/231 emphasizes maintaining outer space as a peaceful, safe, stable, secure, and sustainable environment. It calls for member states to develop a common understanding and take actions to reduce threats to space systems, thereby preventing an arms race and conflict in space.
7. ASAT Tests
Anti-satellite (ASAT) tests were discussed as a significant concern. These tests pose a threat to the sustainability of outer space activities by generating space debris and escalating tensions between spacefaring nations.
8. Supervision and Control of Space Military Operations
Effective governance of military space activities is crucial for ensuring responsible behaviour in space. The discussion during the Seminar highlighted the need for robust supervision and control mechanisms to manage these activities.
9. Governance of Military Space Activities: A Remedy for Responsible Behaviour
The experts expressed opinion that the governance structures play a vital role in mitigating risks associated with military operations in space. By establishing clear guidelines and promoting transparency, these structures can enhance the responsible use of space.
10. Conclusions of the Seminar
The seminar concluded with a discussion and Q&A session, emphasizing the importance of continued research and dialogue on the intersection of space defence and sustainability.
The discussion session underscored the critical need for collaborative efforts among stakeholders to address the dual objectives of space defence and sustainability. Participants highlighted the importance of maintaining open channels of communication and fostering international cooperation to achieve these goals.
The event is part of a broader research project focused on the development of the European and national defence industry, as well as defence innovation within the EU’s common defence policy. This project is conducted by the Central European Academy in Budapest, aiming to provide a legal framework from a Central European perspective.
The presentation by Katarzyna Malinowska, Paweł Bernat, and Fabio Tronchetti provided a comprehensive overview of the challenges and opportunities at the intersection of space defence and sustainability. By integrating legal principles, responsible behaviour, and effective governance, it is possible to ensure that space remains a secure and sustainable environment for future generations. The ongoing research and initiatives in this field are crucial for shaping a balanced and forward-looking space policy.
