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Space Law and Weapons in Space  

Sa'id Mosteshar

Although legal principles to govern space were discussed as early as the mid-1950s, they were not formalized until the Outer Space Treaty (OST) 1967 was adopted and came into force. The OST establishes a number of principles affecting the placement of weapons in outer space. In particular it provides that “the Moon and other celestial bodies shall be used exclusively for peaceful purposes” and prohibits the testing of any types of weapons on such bodies. More generally the OST forbids the placement of nuclear weapons or other weapons of mass destruction in outer space. In addition there are a number of disarmament treaties and agreements emanating from the United Nations Office for Disarmament Affairs and the Conference on Disarmament that are relevant to weapons in space. Although the disarmament provisions and international humanitarian laws place some restrictions on the use or manner of use of space weapons, none prohibit space weaponization. The absence of such prohibition is not due to many attempts over the years to prevent an arms race in space. Notable among these are Prevention of an Arms Race in Space Draft Treaty and the Prevention of the Placement of Weapons in Space Draft Treaty. In considering the laws affecting space weapons a fundamental question that arises is what constitutes a weapon and does its placement in space breach the requirement that outer space be used exclusively for peaceful purposes? As an example, does a satellite used to control and direct an armed drone breach the peaceful use provision of the OST? There may be risks that without international norms governments and substate groups may acquire and use armed drones in ways that threaten regional stability, laws of war, and the role of domestic rule of law in decisions to use force. Given their orbital velocity, any object in space could be a weapon with capability to destroy a satellite or other space object. There is also a growing population of dual-use satellites with military as well as civilian applications. These present great difficulty in arriving at a workable definition of a space weapon in the formulation of a generally acceptable treaty. In addition, there are divergent views of the meaning of peaceful use. Some, in particular the United States, consider the meaning to be “nonaggressive” rather than “nonmilitary.”


Archilochus, Greek iambic and elegiac poet  

Laura Swift

Archilochus of Paros is one of the earliest surviving Greek poets, and can be dated to the 7th century bce. He composed iambus and elegy, and is most famous for his invective poems, which range from light-hearted banter with friends to vitriolic attacks on his enemies, and whose tone can be high-flown or vulgar. Despite the later tradition that narrowed the reception of Archilochus’s work to focus almost exclusively on abuse poetry, he was in fact one of the most wide-ranging of the Greek poets. The topics he treats include battle narratives, erotic stories, philosophical reflection, political criticism, lamentations for men lost at sea, heroic myths, and animal fables. Archilochus’s work survives only in fragments, but in antiquity he was highly rated as a poet, and his work is distinctive for its energy, its care with language and imagery, and its lively persona. His influence can be seen on classical, Hellenistic, and Roman writers.


Space Governance  

Rajeswari Pillai Rajagopalan

Outer space is once again facing renewed competition. Unlike in the earlier decades of space exploration when there were two or three spacefaring powers, by the turn of the 21st century, there are more than 60 players making the outer space environment crowded and congested. Space is no more a domain restricted to state players. Even though it is mostly a western phenomenon, the reality of commercial players as a major actor is creating new dynamics. The changing power transitions are making outer space contested and competitive. Meanwhile, safe and secure access to outer space is being challenged by a number of old and new threats including space debris, militarization of space, radio frequency interference, and potential arms race in space. While a few foundational treaties and legal instruments exist in order to regulate outer space activities, they have become far too expansive to be useful in restricting the current trend that could make outer space inaccessible in the longer term. The need for new rules of the road in the form of norms of responsible behavior, transparency and confidence building measures (TCBMs) such as a code of conduct, a group of governmental experts (GGE), and legal mechanisms, is absolutely essential to have safe, secure, and uninterrupted access to outer space. Current efforts to develop these measures have been fraught with challenges, ranging from agreement on identifying the problems to ideating possible solutions. This is a reflection of the shifting balance of power equations on the one hand, and the proliferation of technology to a large number of players on the other, which makes the decision-making process a lot problematic. In fact, it is the crisis in decision making and the lack of consensus among major space powers that is impeding the process of developing an effective outer space regime.