Press Release
☷Remarks by DOD General Counsel on Space Law Promoting the Rules Based Order Through Multi Domain Lawyering at U S Space Command Legal Conference
U.S. Department of Defense ( By Press Release office)
Mar 15,2024
| 4| 0
Hey everyone , just wanted to give a quick shoutout to General Whiting , Brigadier General Letendre , and Colonel Hall for having me speak at the U . S . Space Command Legal Conference today . It ' s a real honor to be here . Space law is pretty cutting edge stuff , and with the rapid evolution of space technology and the increasing number of players in the game , it ' s more important than ever to protect our interests up there . The National Security Strategy lays out a framework for how we ' re going to do that , focusing on leadership , governance , international partnerships , and resilience of our space systems . Let ' s dive into a couple of key themes before we get into the nitty gritty . First , the various legal issues related to space operations are crucial for DoD ' s efforts to support the rules - based international order . And second , practicing space law is like being a "multi - domain lawyer . " Space law is essential for achieving the strategic goals outlined in the National Security Strategy . As General Counsel , one of my main priorities is to ensure that we not only follow the law in our work , but also promote legal standards globally . It is important for us to adhere to U . S . and international legal obligations , as outlined in the 2022 National Defense Strategy . International law provides a framework for countries to follow binding standards , contributing to stability in the international system . DoD lawyers have a duty to ensure that the Department ' s activities comply with all relevant laws , including those related to space operations . The complexity of space operations requires us to understand and apply the law in a way that recognizes their interconnected nature . Space operations involve various mission areas that rely on space capabilities , such as intelligence , navigation , and communication . This leads to the concept of "multi - domain lawyering , " where legal practice in space operations crosses different sectors and requires collaboration among various entities . Providing legal advice on space issues often involves consulting a network of experts within DoD and other legal communities , including foreign partners and commercial entities . Building strong relationships within and outside the Department is crucial for effective legal practice in the realm of space operations . Lawyers who specialize in space operations not only give advice on what is allowed under the Outer Space Treaty , but also provide guidance on various other aspects . This includes helping with agreements with partner nations for ground station installations , integrating space capabilities with terrestrial activities , preserving US leadership in space technology through procurement and evaluation programs , and establishing effective personnel and organizational policies . This type of lawyering covers multiple domains and is highly trusted by our clients . We appreciate the hard work you all put in to maintain that trust . Let ' s consider some of the goals outlined in the Department of Defense ' s 2023 National Defense Science and Technology Strategy and how they relate to space . The strategy emphasizes strengthening defense cooperation with allies and partners , forming new partnerships with countries that share our values and innovate in technology , and protecting our technological advantages from competitors . It also highlights the importance of utilizing dual - use technologies and promoting connectivity within the innovation ecosystem , including the contributions of small businesses . Our legal advice in developing , designing , and maintaining such initiatives in the space sector involves multi - domain lawyering . It ' s valuable for lawyers to be involved from the start to ensure compliance with applicable laws . As the space domain rapidly evolves , it ' s important to remember that we already have a substantial body of international and domestic laws that can guide us . Our clients with technical expertise approach new national security space projects by building upon existing tools and lessons learned from previous systems and technologies . As lawyers , we should take the same approach when dealing with space law issues . First off , working with our allies and partners is crucial for upholding the rule of law in space . It ' s important to continue reinforcing principles like the ban on placing weapons in outer space . Collaborating with allies also brings benefits , like our joint operations with the SPACECOM Joint Commercial Operations cell . This partnership allows us to gather information from commercial sources and share it with our allies without relying on classified data . Additionally , initiatives like the Combined Space Operations Initiative help us coordinate with other countries to maintain freedom of action in space and deter conflict . In December 2023 , defense representatives from Australia , Canada , France , Germany , New Zealand , the United Kingdom , and the United States welcomed three new partners to the CSpO initiative , from Italy , Japan , and Norway . I heard that representatives from all these countries are here today , many in person , and I want to give you all a warm welcome . These alliances and partnerships based on shared values are a big advantage for the United States , and they show our commitment to the rule of law . It ' s not always easy to reach consensus or understand each other ' s legal systems , but we try our best . Even if we have different interpretations of certain rules , it ' s important to be aware of those differences and keep collaborating . One challenge we face when working with allies and partners is that a lot of the information about space operations is classified . We have to navigate each other ' s security rules , which can be tricky when our classification standards don ' t match up with our operational needs . To make sure we ' re on the same page , the Department of Defense reviewed our classification policy for space capabilities and made updates in January of this year . These changes lower the minimum level of classification for different types of space capabilities , so we can share more information not just within the U . S . Government , but also with our allies and partners . Another part of our work with allies , partners , and the international community is developing voluntary norms , best practices , and guidelines that aren ' t legally binding but still guide State behavior . These norms can be especially helpful when competition and conflict make it hard to create new legally binding obligations . They ' re also important in a world where technology is advancing rapidly , so we don ' t accidentally hinder its development and use . By identifying and addressing behaviors that could lead to misunderstandings or conflicts , we can reduce the risk of damaging the outer space environment . The U . S . Government has recently taken or proposed several actions to promote these norms , both internationally and domestically . In April 2022 , Vice President Harris announced that the US will not conduct destructive anti - satellite missile testing , calling on other countries to do the same . In December 2022 , the UN General Assembly passed a resolution urging all states to commit to this . 37 countries , including Canada , Germany , Japan , and New Zealand , have made this commitment . However , China , Russia , and India have either voted against or abstained from voting on the resolution . The US Department of Defense has established tenets of responsible behavior in space , with specific behaviors approved in February 2023 to promote space sustainability and safety . The Tenets are basically instructions for the DoD Components , but they can also be used as a starting point for discussing norms with other countries . The Tenets show how important it is to consider the interests of other countries when it comes to space law . It ' s all about being safe and professional in outer space , just like in the air and at sea . Having guidelines and standards can help create a more organized and predictable space environment , so that everyone can avoid confusion and unnecessary maneuvers . Avoiding interference with other countries ' space activities is also important to prevent misunderstandings about intentions . For example , interfering with space objects that monitor treaty compliance or nuclear forces could be seen as a sign of escalation . Interfering with critical infrastructure like GPS services can have a big impact on society . By promoting responsible behavior and working together , we can develop voluntary norms that align with international law . The US Government is taking the lead in promoting transparency and consensus on responsible behavior . Another important effort is the development of norms and policies for commercial space activities . The White House has recently issued a framework and proposal to regulate these activities . State responsibility refers to the responsibility that countries have for their own actions under international law . According to international law , a State is responsible for its wrongful actions and for the actions of entities under its control . In space , there are special rules for holding States accountable for activities , including those carried out by non - state actors . The Outer Space Treaty states that States are responsible for activities in space , whether conducted by government agencies or private entities . However , applying these rules in practice can be complex , especially when determining which State has jurisdiction and control over space activities . As technology advances , the possibility of rogue non - state actors conducting activities in space raises questions about how international responsibility should be applied in this evolving landscape . As mentioned earlier , one important aspect of State responsibility in space law is ensuring that the appropriate State party authorizes and supervises the space activities of non - governmental entities , as outlined in Article VI of the Outer Space Treaty . The United States is taking steps to update its commercial space licensing processes to demonstrate responsible behavior . Currently , different U . S . regulatory agencies oversee various aspects of private space activities , such as remote sensing , launch and reentry , and spectrum use . However , as new space capabilities emerge , like refueling and in - space servicing , there are complex legal and technical challenges that require collaboration between government and commercial sectors . The recent Novel Space Activities Framework and proposed legislation aim to address these challenges and update how the U . S . authorizes and supervises novel space activities that fall outside the current regulatory regime . So , there ' s a lot of cool stuff happening in space right now , like building habitats , making things in space , and refueling up there . The government wants to make some rules to keep things safe but also let companies be creative . They want to make sure everyone can use space freely while also protecting national security . This new framework and proposal are all about being flexible and supporting innovation . It ' s a big step forward in how we regulate space activities and shows the government ' s commitment to following the rules . And when it comes to working with commercial companies in space , there are both opportunities and challenges . Using commercial systems can be quicker and cheaper , but it also means we need to think about security . Lawyers play a key role in making sure we ' re doing things responsibly and working with the industry to set the right standards . Being responsible in space is important for the long - term financial success of commercial capabilities . For example , we need to consider how space debris can affect commercial activities . The commercial space industry relies on a sustainable space environment , so it ' s not good when people make reckless decisions that create debris , like conducting anti - satellite missile tests . It ' s also a problem when guidelines for managing space debris are implemented slowly . More debris in protected areas like low Earth orbit increases risks for commercial space providers . The government is working with the FAA to create rules that reduce debris caused by launch vehicles . Lawyers from different sectors are also collaborating to find ways to manage the risk debris poses for commercial space operations . We also help our policy clients work with the commercial space industry to use airspace and testing facilities effectively . Collaboration across different agencies is important too . DoD has worked with other departments on a legislative proposal to ensure that the Secretary of Commerce can collect and share space situational awareness data . It would also provide recommendations to keep space operations safe and in line with US obligations and interests . At the same time , the proposal allows DoD to protect national security by stating that Commerce ' s new authority complements the Secretary of Defense ' s existing authority to provide similar data for national security interests . DoD ' s role in providing information and services for tracking space objects is changing . While DoD continues to provide information for global space safety , it is also assisting Commerce in integrating these services into their Space Traffic Coordination vision . Additionally , DoD has the power to provide SSA services and information to non - U . S . entities if it deems it necessary for national security . The proposed legislation aims to modernize the Space Situational Awareness environment . Commerce would become the government ' s provider of SSA data for civil purposes and act as the liaison to the commercial world for spaceflight safety . DoD will still need to maintain its own SSA capability , but this transition would allow DoD to . . .
PLAY the NEWS
* May be useful for visually impaired persons .
Press release information:
Direct link to press release:
Click here .
