Organizers: Central European Academy, Budapest, Hungary; Kozminski University, Warsaw, Poland; Polish Space Professionals Association.
Date and location: January 29, 2024; Warsaw, Poland (hybrid format).
Research Project: The Seminar has been organized as a dissemination event within the project: „The development of the European and national defense industry and defense innovation in the European Union’s common defense policy: legal framework from a Central European perspective„.
Introduction: On January 29, 2024, a seminar organized jointly by the Central European Academy in Budapest, Hungary, and Kozminski University in Warsaw, Poland, in collaboration with the Polish Space Professionals Association, was convened. This seminar served as a dissemination event within the framework of the research project titled „The development of the European and national defense industry and defense innovation in the European Union’s common defense policy: legal framework from a central European perspective„, led by the Central European Academy in Budapest.
Seminar overview: The seminar aimed to address critical issues in space defense, including international competition in defense, European cooperation, and legal aspects of space militarization. Key topics included the significance of space in modern warfare, the role of real-time intelligence, communication, and strategic decision-making, as well as vulnerabilities in GPS systems highlighted by recent conflicts such as those in Ukraine. The seminar also examined the impact of private space companies, European collaboration efforts, and the specific role of Central European countries in space defense. Separate issue discussed during the Seminar concerned legal frameworks pertaining to space defense.
Keynote lecture: The seminar commenced with an introductory lecture by US expert Paul Szymanski, offering insights into the global perspective of space superpowers. This was followed by expert discussions on various topical issues, including international competition in defense, European cooperation, and legal aspects of space militarization. Paul Szymanski’s expertise shed light on historical and contemporary aspects of space warfare, including satellite inspection programs, cyber warfare, electronic warfare, and potential threats from hypervelocity weapons. The discussions facilitated a deeper understanding of space’s critical role in contemporary defense strategies and the geopolitical implications of space activities.
Panel discussion: A panel discussion ensued, focusing on the dominance of certain countries in space defense, the impact of rivalry on global security, and the evolving military perspective on space conflict. Participants emphasized Europe’s role in space defense, particularly in light of events such as Russia’s aggression against Ukraine, urging comprehensive strategies within the European Union. The need for cooperation, mutual understanding of threats, and the development of autonomous space defense capabilities within Europe was underscored. Participants highlighted the importance of space situational awareness and European initiatives in space defense, including programs led by the European Space Agency (ESA) such as Galileo, Copernicus, and Iris. Central European countries were encouraged to actively participate in space defense efforts by acquiring space capabilities, building industry infrastructure, and expanding surveillance networks to enhance space security and collaboration.
Another issue highlighted during the panel discussion, were the challenges related to research and development in space defense. Participants acknowledged the need for adequate funding and emphasized the importance of legal frameworks in shaping defense innovation. The discussion highlighted the lack of specific legal frameworks addressing cyber threats in space and the need for international cooperation to fill existing legal gaps.
The seminar helped to draw some important conclusions with respect to the security and defense issues in outer space exploration as well as the role of the Central European countries. The most important conclusions are as follows:
- Significance of Space in modern warfare: Space has become increasingly vital in contemporary warfare due to its role in providing real-time intelligence, communication, and strategic decision-making capabilities. Recent conflicts, notably in Ukraine, have underscored the importance of space assets and vulnerabilities in GPS systems. As such, space has emerged as a critical domain for military operations, necessitating a deeper understanding of its role in defense strategies.
- Impact of private space enterprises. The emergence of private space companies, such as SpaceX and Blue Origin, has added complexity to space defense efforts. These companies not only contribute to technological advancements but also pose challenges in terms of international rivalry and cooperation. As space becomes increasingly commercialized, the distinction between civilian and military space activities blurs, requiring careful consideration of regulatory frameworks.
- European Cooperation and Central Europe’s role. European collaboration in space defense is essential for addressing common security challenges and enhancing collective defense capabilities. Central European countries, including Poland and Hungary, have a significant role to play in space defense efforts. Their strategic location and burgeoning space industries make them valuable partners in European space initiatives.
- Legal framework in space defense. Legal frameworks play a crucial role in shaping space defense policies and ensuring compliance with international law. However, existing legal frameworks often fail to address emerging challenges such as cyber threats in space. There is a need for comprehensive international agreements to regulate space activities and promote cooperation among space-faring nations. The current legal framework necessitates enhancement and continued development through the clarification of abstract principles, formulation of new legal norms, elimination of inconsistencies, and incorporation of the unique attributes of the space domain. Special attention is imperative for addressing cybersecurity in space and advancements in military technology. While the ideal scenario would involve the formulation of a new binding treaty, practical challenges, such as the difficulty in reaching consensus among states, have impeded progress. Despite uncertainties about the prospect of an arms race in outer space, the increasing risk of progressive weaponization and space warfare demands attention. The rapid development of space technology has outpaced the evolution of existing space law, rooted in an idealized vision of space as a common heritage for peaceful purposes. This disparity between rules and practical realities introduces uncertainties about permissible conduct. Critical issues such as close-proximity operations, cyberattacks on space infrastructure, and Anti-Satellite (ASAT) tests lack adequate regulation within the existing framework. Moreover, the current legal framework is ill-equipped to provide definitive answers in the event of states engaging in space warfare. Strengthening the legal framework is pivotal to promoting responsible use of outer space, and therefore, as argued, it is paramount to further develop and fortify the existing legal framework to ensure its adaptability to future challenges.
The subject of the discussion was also the possible roadmap for the regulation of military aspects in space. The questions which are waiting for the answer concern also the issue who should play the leading role in taking initiative in this respect. Taking into account the current framework and dynamics, it seems that the U.S. AND the EU could eventually play a leading role as promoters of legal arrangements governing security issues, if only by promoting binding documents based on country-by-country adherence. Establishing legal frameworks in this realm could occur through decisive, coordinated, and harmonized technical standards, as well as requirements for both governmental and private entities. Certification of activities, regardless of their military or civilian nature, appears to be a necessary course of action at all levels: international, regional, and national. They could eventually start as the initiatives of Zero Debris Charter by ESA and, ASAT Ban initiative by the USA in the form of codes of good practices. There should be wide consultation with the public and interested stakeholders, including civil society, in developing these codes. However, addressing the issue of institutionalizing such actions also seems essential for this purpose.
- Research and development challenges. Research and development (R&D) are fundamental to advancing space defense capabilities. However, challenges such as funding constraints and regulatory barriers hinder R&D efforts. Addressing these challenges requires increased investment in space R&D and the development of supportive legal frameworks to foster innovation.
- Recommendations for policy and actions. Based on the discussions at the seminar, several recommendations can be made to enhance space defense capabilities and promote international cooperation:
- Increase funding for space R&D and infrastructure development;
- Strengthen legal frameworks to address emerging challenges in space defense;
- Enhance European collaboration in space initiatives, particularly among Central European countries;
- Strengthen legal frameworks to address emerging challenges in space defense;
- Enhance European collaboration in space initiatives, particularly among Central European countries;
- Promote transparency and information sharing among space-faring nations to mitigate security risks;
- Invest in space situational awareness and surveillance capabilities to enhance space security.
Conclusion: The seminar provided valuable insights into the critical issues surrounding space defense and legal frameworks. It highlighted the need for concerted efforts to address emerging challenges and promote international cooperation in space activities. By adopting a collaborative approach and investing in research, development, and infrastructure, countries can strengthen their space defense capabilities and ensure the security and stability of outer space.
