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Chinese Journal of International Law Advance Access published online on June 23, 2009
Chinese Journal of International Law, doi:10.1093/chinesejil/jmp009
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© The Author 2009. Published by Oxford University Press. All rights reserved

Customary International Law, Arms Control and the Environment in Outer Space

Tare C. Brisibe*

Correspondence: * PhD (Leiden), Member of the Nigerian Bar and currently Senior Manager, Regulatory Affairs at SITA (Société Internationale de Télécommunications Aéronautiques), Geneva (email: tbrisibe{at}hotmail.com). The author previously served as Deputy Director (Legal Services and International Co-operation), National Space Research and Development Agency, Federal Republic of Nigeria and was a former Regulatory Information Officer at Inmarsat PLC (the privatized International Maritime Satellite Organisation—INMARSAT). The opinions expressed in this paper are those of the author and do not reflect, nor are intended to reflect, the views of any organization with which he is or has been affiliated. The author wishes to expresses appreciation for comments received from the anonymous reviewers. This article was completed on 12 April 2009.

Recent military doctrines and activities have re-kindled a long-standing debate about the relationship between international law and arms control in space. There is a notion that existing rules governing certain military uses of outer space are inadequate. Nonetheless, protection of the environment remains sacrosanct. While, to some extent, treaty-based rules governing military uses of outer space also seek to place limitations on the deliberate infliction of environmental damage for military purposes, the development and role of customary international law are pertinent.


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