Connect with us

International Law

Liability of China for Covid19 Outbreak, State Responsibility, and Jurisdictional Challenges

Published

on

As the saying goes “History repeats itself”, it is claimed that China knowingly as well as deliberately, failed to adhere to international health regulation in preventing novel Coronavirus (nConvid19). Therefore, China should be held responsible for thenConvid19 outbreak.IN 2002, SARS spread from Guangdong province of China. The SARS epidemic affected 28 nation-states by the year 2003. The total human casualty was 774 from the disease at that time. The world realized this human loss could have been avoided, had China not suppressed the happenings and vital public health information for several weeks. This ill-fated event led the World Health Organisation (WHO) to bring in the new International Health Regulation (IHR), adopted in 2005. World wide a total 1,310, 205 people have been affected so far and 72,578 have died from nConvid19 as the numbers of affected and death toll are rising exponentially. The doctors, health workers, sanitisation workers, police personnel, have been running against the time to save thousands of lives. Many scholars claimed that China’s conduct relating to nConvid19 outbreak violated IHR. And China should be held responsible for the wrongful or malafide acts before an international tribunal. This article will examine the possibility of holding China accountable for its deliberate inactions which could arguably violate the rules of IHR; can China be held responsible under general international law vis-à-vis under the rules of State responsibility; examining the possibility of taking China to an international tribunal for paying damages to countries which suffered an enormous loss in terms of human lives and economic slowdown.

Jurisdictional Challenges in International Adjudication  

Generally, international dispute adjudication is a consent-based system. This is the leading challenge international dispute adjudication confronts with. The parties must agree that the dispute between them shall be submitted and adjudicated by an international tribunal. The consent maybe given in the treaty itself which is alleged to be violated or by concluding a compromise (a special agreement between disputants by which a dispute is submitted to international adjudication).

Article 75 of the WHO Constitution refers to the International Court of Justice (ICJ) for the settlement of disputes. It provides that any question or dispute relating to interpretation and application of the Constitution shall be referred to ICJ if the same is not settled by negotiation or by Health Assembly. But the disputant parties are free to choose any mode of dispute settlement instead triggering ICJ jurisdiction. In the Armed Activities (Case Concerning Armed Activities on the Territory of the Congo 2002) case, the ICJ observed that Article 75 of the WHO Constitution recognises the Court’s jurisdiction (Para 99 of the Jurisdiction and Admissibility of the Application). The Court held that it is empowered to deal with any question or dispute relating to interpretation and application of the instrument. Thus, any dispute concerning interpretation and application of the WHO Constitution can be settled by the ICJ adhering the due procedure laid down in Article 75. Recently, the ICJ in a case (Ukraine v, Russian Federation 2019) interpreted Article 22 of CERD (Convention on the Elimination of All Forms of Racial Discrimination 1969) that it gives alternative preconditions to the Court’s jurisdiction. Fulfilling either of them would trigger Court jurisdiction. If we interpret Article 75 of the WHO Constitution as ICJ resorted to in the case between Ukraine and Russia, the State(s) only has to satisfy negotiation condition. It does not need to satisfy World Health Assembly.

WHO Constitution contains the framework establishing the organisation, it includes the object and purpose, membership institutional structure and functions. Since it lacks substantive obligations concerning rules and regulations on public health. Thus, it is very much challenging how a State could frame complaint against China. In order to make a case a State needs to pose the violations rules of IHR as the question or dispute relating to interpretation and application of the WHO Constitution.

Violation of Rules of International Health Regulation and Possible Claims under WHO Constitution

IHR shall be universally applied in the global interest for the protection of the human race from the international spread of the disease. It is one of the principles incorporated under article 3 of IHR. WHO shall be guided by the principle of universal application of IHR along with adhering to other principles such as human dignity, fundamental freedom, human rights, and UN Charter.

A State is obliged under article 5of IHR to develop, strengthen, and maintain public health infrastructure which will help in detecting, monitoring, reporting, and notifying the events of the global health crises. Article 6 talks about the public health emergency of international concern (PHEIC). In the event of PHEIC, the State shall have to communicate through National IHR Focal Point, most efficiently, all the public health-related information and events taking place within its territory to the WHO within 24 hours of the assessment. The State(s) will keep WHO informed with accurate and detailed public health information, inter alia source and type of the risk, number of cases and deaths, measures taken to prevent spreading disease etc. Article 7 covers explicitly the unexpected or unusual incidents related to public health irrespective of origin or source. It imposes an obligation upon States to share public health information with WHO even the origin or the source of the disease is unknown to the State itself.

The theory of hatching nConvi19 in the laboratory of the city of Wuhan has been refuted by a group of researchers. Kristian Andersen, PhD, one of the authors of the paper, “The proximal origin of SARS-CoV-2, said “by comparing the available genome sequence data for known coronavirus strains, we can firmly determine that SARS-CoV-2 originated through the natural process.

A novel influenza-like illness was found in the body of workers and customers of the Wuhan city’s Huanan Seafood Wholesale Market in the mid-December 2019. On 30th December Li Wenliang, an ophthalmologist, at the Wuhan Central Hospital, revealed the information online. Although Wuhan public health authorities solicited information about the spreading of “pneumonia or unclear cause”, it suppressed Li Wenliang’s alarm on the nConvid19. Many medical professionals and journalists who tried to disclose information about nConvid19 were silenced and detained by the Chinese authorities. On December 31st, the Wuhan Municipal Health Commission wrongly claimed that there is no human to human transmission of nConvid19.

Furthermore, the Commission described it as seasonal flu which is preventable and controllable. Till 14th February, China waited to disclose that around 1700 healthcare workers have been found positive of nConvid19. It is more than apparent that Chinese government evidently suppressed and withheld the important public health information for almost two months. This may conclude that China intentionally as well as deliberately failed to communicate information with WHO in the event of PHEIC.

According to article 37 of the WHO Constitution, the Director-General of the WHO and the stuff shall be independent and impartial while exercising powers and functions. In order to remain independent and impartial, they shall not seek or receive instructions from any government or from any external authority. On the other hand Member States have been obliged to respect the international character of the Director-General including staff and not to influence them. An affected State could make a potential claim that China deliberately tried to influence the Director-General of the WHO and the stuff by allegedly withholding information, providing inaccurate or false information, and by not providing information in the crucial time.

Now, the difficulty ascends as to how do we link the violations of IHR with the violation of the WHO Constitution? The State could well invoke articles 21 and 22 of the WHO Constitution. Article 21 gives WHO authority to adopt regulations concerning sanitary and quarantine requirements, prescribing standards in respect to diagnostic procedures, nomenclatures with respect to disease, causes of death and public health practices etc. Article 22 talks about the procedure of coming into effect the regulations adopted by Health Assembly, rejection or reservation of the Member State to the regulation under article 21. Thus, it could appear that the dispute is one of the interpretation and application of the WHO Constitution since China’s alleged violations of rules of IHR indirectly violated articles 21 and 22 of the WHO Constitution.  Some may argue that articles 21 and 22 are not substantive rules in nature but only procedural. They are only concerned with the Health Assembly’s authority to adopt and the procedure of coming into force of IHR. Thus, there is no substantive obligations imposed upon the Member States by these two articles.

Draft Articles on State Responsibility and Accountability of China

Analysing factual circumstances, prima facie it appears that conducts of China are wrongful and violated international law. If so, then what kind of remedies are available to the States? The Draft Articles on State Responsibility of States for Internationally Wrongful Acts 2001 (Draft Articles) was adopted by the ILC at its 53rd session in 2001 and submitted to the UN General Assembly. Although the Draft Articles is not legally binding on the States, the document is authoritative and has persuasive value. The ICJ often takes recourse to the Draft Articles in interpreting international law and solving disputes between States. The reason for the high persuasive value of the Draft Articles, mainly because most of the provisions have attained the status of Customary International Law (CIL).  Draft Articles under article 1 says every internationally wrongful act of a State entails international responsibility of that State. Under Article 2, the wrongful acts are those actions or omissions which constitute breach international obligation and can be attributable to the State under international law. The conduct is attributable when a State organ commits it through the legislature, executive, and judiciary or any other functions irrespective of position it holds in the organisation of the State or character of as an organ in the central government or in a territorial unit of the State. Responsibility emanates from the local Wuhan authorities to the Chinese central government which are all the State organs whose alleged wrongful conducts could be attributable to China. Organs include any person having status in accordance with the internal law of the State. China’s alleged willful and intentional failure to share information expeditiously with WHO in the event of PHEIC in accordance with IHR constitutes breach of international obligations under article 12 of the Draft Articles. Even China is responsible for article 14 for the continuing breach of obligation. A combined reading of both articles reveals that a State is in breach of international obligation when its act or a continuing act is not in conformity with the obligation imposed on it. Legal consequences follow the international responsibility of a State. A study at the University of Southampton revealed that timely intervention one, two, or three weeks earlier in the crisis could have reduced the cases by 66%, 86%, and 95% respectively. Thus, had China intervened responsibly and timely, the number of people affected could have been reduced. The State is under obligation to make full reparation for both material and moral injury caused by its wrongful acts under article 31. The ICJ in the Corfu Chanel case (1949) held that no State might knowingly allow its territory to be used for acts contrary to the rights of the other States. Simply speaking, China is under obligation that individuals within its territory do not cause harm to the rights of the other States. The reparation shall be in the form of restitution, compensation, satisfaction, and even in the form of assurance of non-repetition of the wrongful act. Restitution as a form of reparation means, the State is responsible to re-establish the situation which existed prior to the commission of the wrongful act. If restitution is not possible or not a suitable form of reparation in a particular case, the injured State shall be entitled to compensation which will cover financially assessable damage. If both types of reparation fail to make good, the wrongful State shall make good in the form of satisfaction which may consist of an acknowledgement of breach, an expression of regret, or a formal apology.

Conclusion

Taking a State to the ICJ or any other international tribunal is a herculean task before an aggrieved State since as pointed out above that the international adjudication is consent-based. It is highly unlikely that China would submit the dispute before an international forum. The challenge is more painstaking when the perpetrator State is powerful and influential militarily and diplomatically. One must not forget that China holds permanent membership of the UN Security Council, which enables China to invoke veto power to block events once its interest is at stake. This is what P5 members of the UN Security Council often does (did) as revealed by history of UN. Even if China agrees or the ICJ finds jurisdiction over the dispute and finds China responsible for nCovid19 outbreak, the contest still be there in implementation of the judgment. The decisions rendered by the ICJ shall be obeyed willingly by the disputant parties. The UN Security Council as a custodian of world peace plays a vital role in the implementation procedure of the ICJ decisions. Article 94 provides that in case of failure or non fulfilment of the obligation under the judgment, any party may recourse to UN Security Council and the Council will take necessary steps inter alia recommendations, or measures to be taken by the disputant to enforce the judgment. Thus, as a P5 member, China has the power to block any action that the UN Security Council might take to give effect to the ICJ judgment. Another less vigorous way to hold China responsible is resorting to advisory jurisdiction of the ICJ. Invoking the advisory jurisdiction of the ICJ does not need consent from the disputant parties. Under Article 96 of the UN Charter UN General Assembly, UN Security Council, other organs of the UN and specialised agencies that maybe authorised by the UN General Assembly may seek advisory opinions of the ICJ on any legal question or any legal question arising within the scope of their activities (for other UN organs and specialized agencies). The problem with the advisory opinion of the ICJ is, it lacks binding authority. Thus it leaves the enforcement of the decision on the disputant States and the UN General Assembly good faith and civilized behaviour.

Swargodeep Sarkar studied Law at the University of Calcutta & holds a Master in international law & organisations from Tamil Nadu Dr. Ambedkar Law University, Chennai, India. Currently, he is a PhD candidate in international law at the Indian Institution of Technology, Kharagpur. His research area includes.public international law, international investment law, peaceful settlement of international dispute.

Continue Reading
Comments

International Law

The New High Seas Treaty: Takeaways and answering the hard questions

Published

on

On 04 March, Rena Lee, President of the UN Intergovernmental Conference on Marine Biological Diversity of Areas Beyond National Jurisdiction (BBNJ), announced that “the ship has reached the shore,” referring to the last compromise and successfully negotiated to stumble block of this historic treaty, which marked the apogee of over two decades of negotiations to protect the ample internationally ungoverned space of the ocean. The last time the countries came together to gather political will during geopolitical tensions to protect biodiversity was on 01 December 1959 during the cold war to declare Antarctica a place for peace and science.

Four Takeaways

The draft agreement of the ‘The New High Seas Treaty’ emphasises the need to address the planet’s largest unregulated biosphere for the sustainable use of resources and biodiversity protection. It covers the expansive portion of the ocean beyond national boundaries and will provide a legal framework for designating vast marine protected areas (MPAs) to protect against marine life degradation and sharing of resources. It is necessary to identify, monitor and regulate vulnerable areas to address the commitment of protecting 30 Percent by 2030 endorsed by COP 15 in the Kunming-Montreal Global Biodiversity Framework in December 2022. Exit options and other unique provisions for the Arctic or China Sea and other geopolitically tense areas are also mentioned to avoid disagreements and conflicts within the agreement. 

The stumbling block of this treaty was how to appropriately share marine genetic resources (MGR) and wealth, which separated the Global South and North. Due to their potential for application in pharmaceuticals and cosmetics, MGR, which are made up of the genetic material of bacteria, corals, krill, seaweed, and deep-sea marine sponges, are gaining more scientific and commercial interest.

The agreement is legally binding and establishes a new global authority for the high seas, complete with an executive body called “COP,” a secretariat, and a scientific council. It is based on certain principles and approaches like the polluter-pays principle, the principle of the common heritage of humankind, the freedom of marine scientific research, and other freedoms of the high seas.

In addition, an approach for maintaining and restoring ecosystem integrity, including the carbon cycling functions that support the ocean’s role in climate while also increasing ecosystems’ resilience, is practiced. Signatories are also tasked with conducting environmental impact assessments before exploitation, exchanging marine technology with other littoral states, and monitoring the space for other threats.

What are the High Seas and the threats present on them?

States currently govern up to only 200 nautical miles of seas from their coasts, delineated by the UN Convention on the Law of the Sea (UNCLOS). But beyond the nautical boundaries are the high seas, which only one percent are protected. States have access to freedoms, including the right to overfly, navigate, and install underwater cables. The high seas cannot be the subject of any claims to sovereignty. Once expressed as desolate, it is now considered a treasury of rich biodiversity and marine resources. However, they are being exploited by technological advances enabling them to deplete fisheries and seabed minerals. Deep-sea ecosystems may change or be destroyed by machine-aided excavation and gauging of the ocean bottom. As a result, there will be a loss of species in addition to fragmentation or loss of the structure and functionality of the ecosystem.

 Increasing cargo ship transportation and their Bilge Dumping practices also threaten the open ocean. Bilgewater, which gathers in the bottom of a ship, is a mixture of fluids from the engine room and other potentially harmful materials like lubricants, cleaning agents, and metals like lead and arsenic. It is expensive to process this oily effluent, whether by treating it to eliminate contaminants or by discharging it at the port. Some ships simply dump it into the ocean with portable pumps, which can be a significant hazard to marine life, to save operational expenses.

 Another threat in the high seas is the Great garbage patch, which carries and culminates tonnes of plastic debris released through river exits. They are carried and formed by ocean currents and “gyres.” There are five gyres in the ocean. One in the Indian Ocean, two in the Atlantic Ocean, and two in the Pacific Ocean. Garbage patches of differing sizes are located in each gyre. Cleaning up these garbage heaps and systematically disposing of them is a heinous task.

In addition, Climate change is heating the oceans, which may result in a mass extinction of marine life like the Permian Extinction experienced 250 million years ago, which extinguished 90 percent of marine species. The oceans have mitigated the worst of climate change by absorbing 90 percent of the heat caused by global warming and providing us with 50 percent of the oxygen.

What are the existing treaties on High Seas, and what are their issues?

About 20 international organisations oversee human activity in the high seas in accordance with UNCLOS, although their authority is constrained. In the shipping industry, for instance, the International Maritime Organization is in charge of safety and pollution control, whereas regional fisheries management organisations are in charge of particular fish populations. Yet, a lot of marine species migrate and regularly switch between various environments into the wild ocean which are unprotected from human activities.

The International Seabed Treaty is less concerned with conserving the environment and more interested in advancing the ultimate extraction of valuable mineral accretions from the seabed. Exploratory mining licences have never been denied. The contracting entity does environmental impact assessments; they are not independently verified and investigated. The ISA dismisses the worries of environmental groups like Greenpeace about defending the seabed from similar mining in the future or from the several very detrimental environmental side effects that would be involved.

What does the treaty pose to International Security?

First, an increased presence of private players. The implementation process of the treaty will see an increased presence of private maritime players as the agreement does not apply to the Navy warships. However, they are expected to behave reasonably with the agreement. Ocean conservation is currently led by non-governmental organisations funded by philanthropists, bureaucrats, and governments.

Second, increased monitoring and surveillance. To assess environmental impacts, monitor and traffic control ships, and provide constant surveillance over an expansive area will require advanced remote sensing and imaging technologies. There will be a need for marine spatial analysis and planning to track human activities and the ecosystem. New marine technologies must be exchanged between the developing and developed states to explore the deep ocean and seabed’s for research and exploitation. Increased monitoring will be a critical challenge for the littoral states to move their submarines in stealth and secrecy.

Third, potential for new marine resource-induced conflict. Though the agreement states that the marine samples and genetic coding will be shared, it does not mention who can further exploit the resources and with whom it shares. Does it share with the states involved in the exploration or those proximate to the resource.? Here, Global North faces the question of the free-riding problem and whom to free-ride its services.

Continue Reading

International Law

Political Philosophy: An Attribute of a Superpower

Avatar photo

Published

on

In the modern science of international relations, defining the essential features of modern superpowers has remained a bone of contention. What makes a true superpower stand above the rest? Is there a universal set of traits that distinguishes a few leaders from many outsiders? Until now, the key criteria for a “superpower” have mainly been considered by scholars in a material way.

A superpower must have economic potential that far exceeds that of other countries, military power, critical technologies, a developed scientific and industrial base, and human capital. The totality of such material opportunities provides measurable, albeit not controversial, criteria for ranking countries. The situation with non-material factors is much more complicated. Their quantitative measurement is difficult, if not impossible. Their assessment is too subjective and potentially vulnerable to distortion. Whose culture is stronger? Whose ethics are correct? Whose value system is better? Such questions lead to value-oriented disputes, but do little to distinguish the superpowers from other players in the international arena. Meanwhile, this is where one of the most important criteria lies.

We can suggest that a noticeable difference between a superpower and other states, along with the superiority of material factors, is the presence of a systemic and consistent political philosophy of international relations. The superpower offers its own unique view of how exactly the world should be arranged, according to what rules it should exist, what its goal is, and why this particular superpower is legitimate in its role. Moreover, political philosophy is neither a set of slogans and clichés, nor a pretty wrapper or simulation. It is neither an ideology nor a utopia. All of the above may be derived from political philosophy, but not exhaust its content. We are talking about a special interpretation of key political concepts in relation to international relations—power, authority, justice, equality, etc. Such an interpretation should be based on a deep intellectual tradition and one’s own practical experience, which make the arguments of the proposed political-philosophical doctrine convincing both for oneself and for others.

Can a country represent a value only due to material factors? Undoubtedly. Ultimately, the state can concentrate significant power and live exclusively in accordance with the principles of realism, pursue a pragmatic policy, advance its material interests, and achieve dominance where possible. However, bare realism will sooner or later mark the boundaries of legitimacy. The dominance of the bayonet and the purse strings will have shaky ground without a clear understanding of why and for what it exists.

Can a country broadcast an influential political philosophy while lagging behind materially? Also definitely. At a certain moment, it can be a model of stoicism or heroism, a carrier of innovative and attractive ideas. But without a material base, there is a risk that these will just remain hot air, remaining good wishes alone.

It is noteworthy that there are surprisingly few countries that have material power and at the same time have their own political philosophy. It would seem that creating a political-philosophical doctrine is much easier than designing a missile or a nuclear bomb. One can unite “smart people”, edit the results of their “brainstorming”, write basic works, and make manuals for propagandists—that’s all. In fact, many of these creations crumble and get lost in the information noise. There are single copies in the hands of single carriers—the same superpowers.

Does the political philosophy of a superpower need to be “sovereign”? Should it be based only on the nation’s intellectual tradition? Certainly not. It is extremely difficult to find exceptionally original political and philosophical doctrines with global influence. As a rule, we are talking about a mixture of universal ethical principles, categories of such major political and philosophical doctrines as liberalism, socialism or conservatism, nationally specific views and principles, and even religious doctrines such as Christianity or Islam.

In the modern world, only two countries can be distinguished which combine both significant material potential and their own political philosophy: the US and China.

The politico-philosophical core of the United States is well known and widely replicated at all levels, from university essays and textbooks to propaganda videos and social media posts. It is based on liberal principles with their appeal to the supremacy of the human mind, the idea of “negative freedom”, justice as fairness, equality of opportunity within the framework of uniform rules, as well as the ideas of democracy derived from them as the optimal form of government and the market as a means of organizing the economy. This political and philosophical code is a product of the European enlightenment and the specific experience of organising the internal life of European countries, which was embodied on the basis of American political experience and multiplied by their material strength. The European roots of US political philosophy have allowed it to easily take root in the soil of numerous Western countries, although in some places it contradicts individual interpretations “on the ground”. It is also important that there is a powerful modernist potential in such a political philosophy. The political philosophy of the United States and the modern West in general is a philosophy of emancipation, liberation and reason-based progress.

The political-philosophical core of the People’s Republic of China is much less well known, simply because Beijing has not strived to actively promote it abroad. The political philosophy of China has long remained largely nationally oriented. However, it has a systemic and deeply reflected character, which yields a high potential outside the PRC. It is based on a view of international relations as a non-zero sum game, the idea of the collectivity of international relations, and a departure from rivalry as the leitmotif of world politics. Modern Chinese political philosophy’s powerful Marxist element gives it a modernist potential, combined with the experience of solving the key problems of China itself. It combines the ideas of people’s democracy with successful experience in solving the problem of poverty, overcoming backwardness, and reducing the sharpness of social inequality. In the modern world, China appears as a country whose ideas have been tested in practice. Yes, many successes have been made possible by integration into the Western-centric global economy. But here, too, China pursues its own philosophical line—a non-zero sum game, borrowing Western experience and combining it with Chinese traditions. Marxism is one example of a Western doctrine which China has used to its advantage.

Will there be a clash between American and Chinese political philosophies? Most likely, yes, because China is increasingly perceived in the US as a long-term threat. China avoids copying and mirroring the American allegations against itself by promoting the idea of a non-zero-sum game and thereby turning its political philosophy into an even more visible alternative. One can argue for a long time about what is primary in the contradictions of the powers—material factors or ideas? Obviously, if necessary, differences of ideas can be used for political mobilisation and the consolidation of allies. The more systematic such ideas are, the easier it is to draw dividing lines.

Are the political philosophies of the US and China self-sufficient for them? No. Both the US and China combine their political philosophies with the principles of realism. Like many other players, they proceed from the risk of worst-case scenarios and prepare for them, accumulating resources for mutual deterrence. However, political philosophy allows you to maintain the global legitimacy of your influence or to claim it.

Does Russia have its own political philosophy? The answer so far is rather negative. Russia has returned in its foreign policy to the principles of realism, which was already an achievement for its time. But it is too early to talk about a systemic and deeply developed political philosophy. There is a set of still-fuzzy, sometimes contradictory ideas and concepts, as well as their interpretations and slogans derived from them. The system of Russian views clearly lacks modernist potential. The question of whether it is necessary in itself can be a matter of debate, but it is clearly built into the system of views of the United States, China and smaller powers. Russia has recent experience in the collapse and loss of its political and philosophical project, which began long before the collapse of the USSR. Perhaps it is the Soviet experience that continues to yield a persistent and unconscious allergy to political philosophy. It is also possible that both the US and China, at some point, will also face the same problem that the Soviet Union experienced—the separation of their doctrine from the real state of affairs. Perhaps, a lack of political philosophy is now Russia’s advantage. Russia will develop its own unique experience, which will allow it to avoid the mechanical copying of other people’s ideas, mixing them in its own practice. The maturation of political philosophy takes time, as does the cultivation of its material base.

From our partner RIAC

Continue Reading

International Law

Learning Multilateralism on Obama’s National Space Policy

Avatar photo

Published

on

Image source: NASA/Jim Grossmann via Wikipedia

In June 2010, Obama’s new National Space Policy (NSP) emphasizes a broad continuity between its main goals and the overarching themes originally developed by the Eisenhower administration, such as the use of space and strengthening space stability. Other goals evolved directly from original U.S. space policy goals, including expanding international cooperation, nurturing U.S. space industry, and enhancing the assurance and resilience of mission-critical functions enabled by commercial, civil, scientific and national spacecraft and supporting them infrastructure. Thus, National Space Policy of U.S and also National Security Space Strategy (NSSS) of U.S is seeking to emphasizes international cooperation through its pillars and also point from policy

Five Pillars of National Security Space Strategy of U.S

The National Security Space Strategy (NSSS) provides a roadmap for the implementation of US space policy and the achievement of U.S space objectives. It consists of five basic principles or pillars that prescribe the framework.

Promote the Responsible, Peaceful and Safe Use of Space

The NSSS first pillar calls on the United States “to lead in improving security, stability and responsible spatial behavior” and to develop transparency and confidence-building measures that “encourage responsible spatial action and peaceful use”. As stated in the National Space Policy, there are specific steps that include national and international actions that aim to promote safe and responsible spatial operations, improve information collection and sharing, which is to prevent collisions between spatial objects, protect critical spatial systems and infrastructure support, with special emphasis on critical interdependence and reinforcement of space and information systems.

Provide improved U.S Space Capabilities

The NSS second pillar calls on the U.S. to improve space capabilities and energize the U.S. industrial space base. In addition, the existence of a strong industrial base and staff support is also one of the U.S. country’s best insurance policies, in the strategic, operational, economic and technological fields referred to in the new defense strategy.

Partnering with Responsible Nations, International Organizations, and Commercial Firms

The third pillar calls for greater involvement and partnership with other space-based countries, relevant international organizations and business actors. To guard the third pillar in US Space Policy and ready to face future strategic circumstances, the US Strategic Command (USSTRATCOM) is one of the main organizations responsible for safeguarding these benefits in the face of changing strategic circumstances and the US uses the National Security Space Strategy (NSSS) as means to maintain this benefit. Meanwhile, there is a specific geographical responsibility area (AOR) that is not assigned to USSTRATCOM. So that the responsibility is only limited to below sea level, which is used as a place for strategic U.S. submarines operating, up to 22,000 miles above the surface of the earth.

United States Strategic Command (USSTRATCOM) engage actively in this pillar and have signed more than 29 agreements with several business entities that were then used to share situational awareness with many selected information partners. Recently, U.S. country in this case it has been authorized to negotiate similar agreements with non-U.S. government agencies and intergovernmental organizations, to work with space actors who are supposed to be responsible for the process of sharing and exchanging space flight information security. Also, USSTRATCOM actively seeks further partners, in particular those with whom little or no previous commitment has been made. State U.S. has also partnered with old friends and allied countries such as Australia, Canada, Britain and other NATO allies who are always involved with them. Moreover, this is done while looking for new opportunities to work with potential partners in Europe, the Asia Pacific, Latin America, South America, the Middle East and Africa.

Prevent and Deter Against U.S Space Infrastructure

U.S. space infrastructure basically an U.S. component vital. This is seen in how U.S. want to protect this asset. Space defense also certainly requires a full understanding of the operating environment, which allows U.S. warnings. to be recognized and effective protection of U.S. assets, provide resilience, and use alternatives when challenged. This fourth NSSS pillar, which is “preventing and deterring U.S. space infrastructure,” includes operations to gain and understand the location, activities, ownership and purposes of space-based objects. In point of Prevent and deter against U.S space infrastructure mentioned about international cooperation; the point is;

 “Sensitivity to space situations (SSA) enables all our operational activities. An important way to increase SSA’s capacity and capacity would be to expand partnerships and increase international cooperation. To this end, we want to transform California’s Joint Space Operations Center (JSpOC) into a Combined Space Operations Center (CSpOC).”–  U.S Department of Defense

Initially, such a step would enable us to influence individual strengths in full cooperation with U.S closest partners and, in accordance with national policies, provide a framework and environment that might help meet the needs of common space security. In addition, such a transition would conform to the mandate of the NSSS “build coalitions of like-minded nations that share space”.This partnership would allow the U.S. to act in a coordinated manner, synchronize U.S. efforts and promote responsible spatial behavior with these partners to ensure long-term spatial sustainability.

Prepare to Defeat Attacks and Operated in a Degraded Environment

The final pillar of the NSSS calls on the United States to prepare to defeat space attacks and operate in a degraded environment. This approach will generally always include activities to provide critical space capabilities for U.S. missions. and coalition forces. Besides that, it is also used to ensure the success of the mission through architecture and alternative means, even if necessary, under all conditions of conflict and pressure.

The guarantee mission includes the need to maintain and protect the capabilities of the US critical space itself, US allies and partner countries, and also to improve the resilience of critical space systems, increase the use of alternative means and resources to secure the space mission, not to mention the ability to operate in a stressed environment if and when the capacity is degraded.

Several successive U.S. administrations have sought to maintain the leadership of the country in the field since the United States entered space. There’s no exception to the Obama administration. It openly emphasizes efforts to strengthen U.S. in its National Security Space Strategy and National Space Policy. Leadership in outer space in particular. These efforts include reassuring U.S. allies ‘ commitment to collective self-defence in space-related forums and activities; promoting regulations and encouraging interoperability within these regulations; promoting security, stability and responsible space behaviour, facilitating new market opportunities for U.S. commercial space capabilities and services, advancing appropriate risk-sharing amounts.

Recall Multilateralism from Obama’s Space Policy

The Obama administration incorporates multilateralism into one of the policy’s six major objectives, the policy’s goals of expanding international cooperation on mutually beneficial space activities are mentioned. The space policy of Obama will make U.S. space policy more conducive to multilateral space efforts. In its National Security Space Strategy and National Space Policy, the U.S. adopted the National Security Strategy, which aims to maintain and enhance the benefits of U.S. space advertising capabilities resulting from national security. The NSSS set specific goals for enhancing security, stability, to accomplish the tasks assigned by the NSSP. And space security; maintaining and enhancing strategic space-based national security; maintaining and enhancing the US’s strategic space-based national security benefits; and energizing the space-based industrial base that supports US national security.

Obama’s new National Space Policy (NSP) highlights a broad continuity between its main goals and the overarching themes originally developed by the Eisenhower administration, such as the use of space and enhancing space stability. Obama still wishes to emphasize international cooperation, which can be seen under the heading. “Space operations should be conducted in ways that emphasize openness and transparency in order to increase public awareness of activities” and, “All nations have the right to explore and use space for peaceful purposes under the NSP Principles and the other side mentioned in the NSP Goals, which is Support International Cooperation”.

At this stage, the National Space Policy and National Security Space Strategy during Obama administration indirectly also applied the Multilateralism. This can be seen in policies that emphasize and invite to conduct international cooperation in space matters. For example, are, Obama fully supported the life of NASA through increased funding budget to NASA through NASA authorization act 2010 and U.S was hosted the International Space Station (ISS) Multilateral Coordination Board Joint Statement 2010 and also Obama through U.S NSP and NSSS implement multilateralism efforts towards Global Positioning System (GPS) Cooperation.

This is stated in the National Space Policy and National Security Space Strategy of U.S issued during Obama administration. One of the most obvious instances of U.S. international cooperation for peaceful space purposes is demonstrated by the International Space Station (ISS). Aboard the ISS, 15 countries cooperate, sharing international flight crew, several globally distributed launch vehicles, operations, training, engineering and development facilities. In addition, communication, the Global Positioning System (GPS) Cooperation, and the ISS Multilateral Coordination Board. 

The approach taken by President Obama is very different from his predecessor. He was aggressive with space policy by issuing the 2010 United States of America’s National Space Policy and the 2011 Strategy for National Security Space. President Obama spoke about the contributions of civil and commercial space capabilities in his space policy. The US has also committed to encouraging and facilitating the growth of the US commercial space sector that supports the country’s domestic needs. Thus, the space success heritage and its transformation also pose new challenges. The possibilities of using space were limited to just a few nations when the space age began and there were limited consequences for irresponsible or unintended behavior.

Lastly, Obama also abandoned the unilateralism of Bush and pursue/emphasizing multilateralism would be given top priority in dealing with international affair. Platform of multilateralism efforts during Obama period are concentrate in joint scientific and research program. To support joint scientific and research program in space, Obama make decision to extend the life of U.S on International Space Station in order to giving more U.S contribution and offer transparency scientific research program at International Space Station (ISS) and the decision of Obama based on writer perspective change U.S view in term of space towards more opened transparency and cooperation among other states. Even though, U.S still want to be leader in space, at least this multilateralism effort which mentioned by Obama on his speech and also each point of NSSS and NSP can bring a new perspective about U.S in space.

Continue Reading

Publications

Latest

Europe13 mins ago

EU’s Energy and Politic Approach to Indonesia: Between Hate and Love

Since Russia invaded Ukraine in February 2022, Europe has been forced to seek alternative energy sources other than Russian gas....

Finance2 hours ago

Factors to Consider When Choosing Funeral Chairs for Memorial Services

The loss of a loved one is devastating for the entire family. For churches providing funeral and memorial services, it’s...

Middle East2 hours ago

Making Sense of Iran’s De-escalation with Saudi Arabia

On March 10, 2023, Iran and Saudi Arabia reached an agreement to resume diplomatic ties which had been severed for...

New Social Compact4 hours ago

Luxury Predecessors become the Necessity of Successors

It appears that many people’s lives today are increasingly focused on the pursuit of luxury. There is no denying the...

Russia6 hours ago

Amid Ukraine Crisis, Russia Deepens Strategic Cooperation With China

Russian President Vladimir Putin and Chinese President Xi Jinping have concluded their three-day diplomatic deliberations, most importantly questions focused on...

Economy7 hours ago

The Persian Gulf-Black Sea Corridor: Why should India consider an alternative getaway?

Recently Armenian has suggested the creation of a corridor linking the Persian Gulf and the Black Sea to facilitate trade...

East Asia9 hours ago

Saudi-Iran Truce: China’s Highway to Diplomatic Exploitation

The time-ravaging rivalry between Iran and Saudi Arabia ranks below few in the assemblage of unresolvable, primeval conflicts since it...

Trending