IMPLEMENTATION OF NATO’S SPACE POLICY – FUNDAMENTAL LEGAL ISSUES
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Abstract
NATO is looking at how to implement, in practice, its December 2019 declaration of space as an operational domain. As part of this effort, Allies will be reflecting on various policy and legal issues, including the applicability of the Washington Treaty’s Article 5 and questions surrounding the attribution of hostile acts in space. The unique characteristics of outer space present potential challenges for the application of some of NATO’s traditional principles. Questions remain outstanding on how collective self-defence might be invoked in the event of a hostile space activity that impacts one or more Allies. In addition, difficulties attributing hostile space acts, similar to those that exist in the cyber domain, present real challenges for a strong, coordinated Alliance response according to existed international law.
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