McGill.CA / Manual on International Law Applicable to Military Uses of Outer Space

News and updates

Since the launch of the MILAMOS Project in May 2016, tremendous progress has been made by the dozens of experts and contributors involved in the Project. Below is an overview of the major milestones in this multi-year manual-drafting process.
The MILAMOS Project has also received extensive coverage by media outlets worldwide.

First Major McGill Manual Engagement Event held in Berlin

Participants at the Conference on the “McGill Manual on International Law Applicable to Military Uses of Outer Space” organised by the Directorate-General of Legal Affairs of the German Federal Ministry of Defence at Schönhausen Palace in Berlin, Germany.

On 21-23 June 2023, the Directorate-General of Legal Affairs of the German Federal Ministry of Defence hosted the Conference on the “McGill Manual on International Law Applicable to Military Uses of Outer Space” (MILAMOS). The three-day event was organised at the Federal Academy for Security Policy (Bundesakademie für Sicherheitspolitik, BAKS), and held at the historic Schönhausen Palace in Berlin, Germany.

Taking part at the Conference were officials and experts from the German Ministry of Defence, as well as from Australia, Belgium, Canada, France, Ireland, Japan, Lithuania, New Zealand, Poland, the United Kingdom, and the United States. The participation of such a diverse group of practitioners and academics from various parts of the world underlines the global interest in the McGill Manual, the world’s first manual clarifying the international law applicable to military uses of outer space during peacetime and time of rising tensions .

In attendance were Co-Editors of the McGill Manual Professor Ram Jakhu and Professor Steven Freeland, Managing Editor Mr. Kuan-Wei Chen and Research Coordinator Mr. Bayar Goswami. They were also joined by Ms. Svenja Berrang, Dr. Rada Popova, Mr. Ulf Häussler and Mr. Jérémie Ayadi, who as MILAMOS experts have over the years volunteered their valuable expertise and time in the consensus-forming and rule-drafting process.

Some of the MILAMOS Project experts and participants at the MILAMOS Conference in Berlin.

Opening the Conference, Dr. Jan Stöß, Director General for Legal Affairs of the German Ministry of Defence, underlined the value of the McGill Manual in identifying and closing normative gaps in the peaceful exploration and use of outer space. The collective efforts of 100 experts, contributors and practitioners from all over the world serves as a tool to reduce miscalculation and misunderstanding in a shared domain of socio-economic and strategic importance.

Lt. Gen. Kai Rohrschneider, Director General for Forces Policy and Commissioner for Space of the German Ministry of Defence also welcomed the participants, and said that the world is at a Zeitenwende (turning point), a moment when we need to adjust to the realities of the military aggression in Ukraine, and threats to the rule-based international order. In such a climate, conducting military activities within existing legal frameworks, as well as fostering cooperation and dialogue to clarify laws are vital to preventing conflicts in space and to promoting the safe and responsible use of outer space.

In his opening remarks, McGill Manual Project Director and Co-Editor Professor Jakhu expressed his gratitude to the Government of Germany for its unwavering support and confidence in this unique international collaborative effort throughout the years. Since the very beginning of the MILAMOS Project, the Government of Germany has continuously supported the participation of Associate Expert Ms. Berrang and Core Expert Mr. Häussler in the consensus-forming and rule-drafting process. In May 2019, the German Ministry of Defence generously hosted the seventh MILAMOS Workshop in Berlin. It is thus with great humility the experts involved in the drafting of the McGill Manual return to Berlin at the invitation of the German Ministry of Defence with 52 Rules that formed the backbone of engaging discussions at the Conference.

McGill Manual Co-Editor Professor Freeland underlined that the McGill Manual provides a solid basis for important discussions on to ensure the continued safety, stability and sustainability of outer space. Such discussions are vital particularly in a domain in which military and civilian uses are closely intertwined. Professor Freeland also skilfully chaired the sessions and stimulating discussions throughout the three days of the Conference.

Professor Stephan Hobe, Director of the Institute of Air, Space and Cyber Law of the University of Cologne, a Partner Institution of the MILAMOS Project, also gave a welcome address in which he underlined that the current state of the world is a sobering moment for international law. It is hoped that the McGill Manual will further dialogue to prevent escalation and the extension of conflict into outer space that will ultimately have detrimental impact on all space operators and users.

The Conference was composed of four sessions, focused, respectively, on Rights and Obligations of Space Actors, Interference with Space Activities, Use of Force and Possible Reactions, and Liability and Responsibility. Each session was opened with keynote speeches from experts involved in the drafting of McGill Manual and practitioners from the German Space Agency DLR, the German Bundeswehr Space Command, the German Cyber and Information Domain Services Headquarter and the German Aerospace Industries Association (BDLI).

Such a unique set-up allowed the participants to understand the rationale behind and content of relevant rules of the McGill Manual, and allowed operators in the military, space agency and industry to share their valuable insight from practical experiences and challenges that arise from their day-to-day work in the field. Through the Q&A sessions, participants had ample opportunities to exchange perspectives on such pressing matters as what are the red lines that amount to a use of force given that the ways and means to interfere with space objects and the space infrastructure have grown in number and sophistication.

In an increasingly multipolar world, and at a time when the international community is faced with apparent assaults on international law and threats to the global rules-based order, there is even greater need to objectively clarify the law applicable to military space activities during peacetime for underlining the limitations international law places on the threat or use of force in outer space. It is vital that every member of the international community has, at the very least, a common understanding of what the law is, what is permissible, and what is prohibited in order to avoid misunderstanding, miscalculation, and escalation into conflict. Moreover, it is imperative that the international community take steps to enhance the existing global space governance system to address new and emerging challenges on Earth and in outer space. Indeed, both the Government of Germany and participants in the McGill Manual regard “outer space as a global commons to be used for the benefit of all States” and steadfastly share the belief that all efforts must be made to prevent a destructive conflict in space.

"The Institute of Air and Space Law is very proud of the important work done by all concerned in the McGill Manual Project, especially of the great commitment to it shown over the years by our own Professor Ram Jakhu and Mr. Kuan-Wei Chen. Future generations will thank them", commented Professor Donal Hanley, Interim Director of the Institute of Air and Space Law.

The Conference was the first major international engagement event since the publication of Volume I of the McGill Manual in July 2022. Throughout the drafting of the McGill Manual, concerted efforts have been made to engage officials and the general public about the importance of clarifying and cementing the rule of law in outer space. In May 2022, preliminary findings of the McGill Manual were presented to delegates of the Open Ended Working Group on Space Threats. A webinar was held jointly with the African Space Leadership Institute in March 2023, and in April 2023, an engagement event was with the Space Command of the Ministry of the Armed Forces of France. In July, there will be a meeting with officials of the Republic of Korea to present outcomes and exchange views.

The exchanges at such stakeholder engagement events are of importance to ensure that the commentaries to the McGill Manual accurately reflect a variety of perspectives on the state of international law as it applies to space activities, including military space activities, in peacetime as well as time of rising tensions. More engagement events are being planned as the McGill Manual team continue their efforts to socialise governments and space stakeholders on how the continued safe, secure and sustainable exploration and use of outer space must rest on commonly agreed legal principles.

Volume II of the McGill Manual, containing commentaries to the 52 Rules, is being finalised and is scheduled for completion at the end of 2023. The McGill Manual is in the process of being translated into all 6 official languages of the United Nations, and will also be available in Japanese, Korean and Turkish. Such efforts will make the McGill Manual available to a broad cross-section to the international community and the public at large.

The MILAMOS Conference was attended by over 50 participants and representatives from 11 different States.

The final report of the MILAMOS Conference in Berlin is available here.

McGill Manual Co-Editors Professor Ram Jakhu and Steven Freeland (not pictured) and Managing Editor Kuan-Wei Chen presented atan engagement seminar with the Space Command of the Ministry of the Armed Forces of France.

McGill Manual Engagement Seminar with the French Space Command

On 21 April 2023, the Co-Editors of the McGill Manual on International Law Applicable to Military Uses of Outer Space, Professor Ram Jakhu and Professor Steven Freeland, joined by Managing Editor Kuan-Wei Chen, held an engagement seminar with the Space Command of the Ministry of the Armed Forces of France.

Chief Commissioner Anne-Sophie Grand-Jacquot of the French Space Command (Commandement de l’Espace) kindly welcomed the editors of the McGill Manual to the impressive facilities of L’Hexagone Balard, the headquarters of the Ministry of the Armed Forces in Paris. Underlining the importance that France places on the safety and sustainability of outer space, Commissioner Grand-Jacquot recognised and praised the accomplishments and efforts of the Group of Experts that cumulated in the publication of the world’s first manual clarifying the law as it applies to military and strategic uses of outer space.

In attendance in person and online were over twenty military officers and attachés. Over two hours, the McGill Manual Co-Editors and Managing Editor took the time to address a dozen questions French Space Command had submitted beforehand. These questions ranged from seeking clarification on the definition and delimitation of outer space to the notion of “jurisdiction and control” over objects involved in military space activities. Members of the French Space Command were also keenly interested to have clarification on the content of the obligation of due regard, and how the physical and legal nature of outer space affects the exercise of the inherent right to self-defence. These insightful requests for clarification demonstrate the meticulous way that French government and officials have considered the 52 Rules contained in Volume I of the McGill Manual.

These Rules of the McGill Manual are the result of a long and extensive process of deliberation, consultation and review by legal and technical experts around the world. From the launch of the project to draft the McGill Manual, the Government of France has expressed great interest in the progress of the project to draft the McGill Manual. In turn, the project has greatly benefited from the involvement of Major Jérémie Ayadi and Major Mickael Dupenloup, who participated in their personal capacities and, with their astute interventions and input, provided much insight on military operations and perspectives.

Co-Editors Professor Jakhu and Professor Freeland both expressed their appreciation to their continued support and faith in the practical value of the McGill Manual. Underlining that outer space is governed by an established legal framework which guarantees the freedom of exploration and use for all, France’s 2019 Space Defence Strategy aligns greatly with the vision of the McGill Manual. In line with the rationale of the McGill Manual to clarify the law, the French Space Defence Strategy provides that “the free use of space is not absolute [since] it is curtailed by the requirement to respect ‘the interests of all countries’ and by international law”. Further, in March 2023, at the Open-Ended Working Group on Space Threats, the Permanent Representative of France to the Conference on Disarmament reiterated that “France remains committed to preserving a safe space environment and to the compliance with international law, which is fully applicable to space activities”.

Such sentiments greatly validate the urgency and value of the clarification of the lex lata in a shared operational environment that is increasingly congested, competitive and complex, and in which a variety of kinetic and non-kinetic means to interfere with or disrupt the space infrastructure may have lingering implications. Indeed, France had astutely observed that “States and the different actors now face an increase and intensification of mixed strategies, harassment methods and shows of force. These current and recurring threats, …are played out just short of the use of force”.

The engagement seminar with the French Space Command foreshadows the long-awaited publication of Volume II of the McGill Manual. Due to be made available in late 2023, Volume II contains detailed and evidence-based commentaries to the Rules, which relies on primary sources of international law, the travaux préparatoires of the instruments applicable to outer space, statements expressed by States on space activities and jurisprudence of international courts and tribunals, to clarify, for instance, what is meant by the threat or use of force in space. Other important pressing matters of concern to space operators and States that are also clarified in the McGill Manual are the legitimate responses are to internationally wrongful or unfriendly acts involving the use of the space infrastructure, and what the law is with regard to such space-specific operations such as rendezvous and proximity operations (RPOs) and the intentional jamming and spoofing of communications signals.

This unique opportunity to meet and engage with officials from the Ministry and the French Space Command was kindly facilitated by Director of the Foundation pour la recherche stratégique (FRS) Dr. Xavier Pasco, Director of Research of the French National Centre for Scientific Research (Centre national de la recherche scientifique) Dr. Isavelle Sourbes-Verger, and Ms. Florence Gaillard-Sborowsky (FRS). In concluding the seminar, Dr. Pasco praised the McGill Manual as an important “living entity” that reminds States and stakeholders of the firm legal foundations applicable to outer space and to all sorts of space activities and applications that are rapidly developing.

In March 2023, the Co-Editors of the McGill Manual co-hosted a webinar with the African Space Leadership Institute (ASLI) titled the “Governance of Military Space Activities: The McGill Manual”. In June 2023, the German Federal Academy for Security Policy will organise a conference to highlight the contents of the McGill Manual to officials and stakeholders of Germany and European States.

Further engagement and outreach events planned in the coming period will, similar to the seminar held with the French Space Command be instrumental to publicising and socialising States and space stakeholders on the continued relevance of the legal fundamentals of the space governance regime and the rule of law that underpin the continued safe, secure and sustainable exploration and use of outer space by all States.

Publication of the McGill Manual, the world’s first manual clarifying international law applicable to military uses of outer space
 

The McGill Manual is now published.

28 July 2022

After over six years of intense collaboration with subject-matter experts and institutions from across the globe, McGill University is pleased to announce the publication of Volume I of the McGill Manual on International Law Applicable to Military Uses of Outer Space (McGill Manual: Volume I - Rules).

Space infrastructures have been bringing great socio-economic, technological and scientific benefits to humanity for over six decades. Unfortunately, our growing dependence on these space assets and applications has been accompanied by increasing threats to their infrastructures. States as well as public and private space operators are increasingly alarmed by the possibility of geopolitical tensions leading to rapid development and deployment of space weapons that would result in an extension of armed conflict in outer space. The human costs and devastating consequences of the disruption or destruction of satellites that facilitate, among other things, telecommunications, global navigation and positioning, and weather forecasting, cannot be imagined.

“By clarifying the law as it applies to outer space, this innovative and international collaborative research on a very complex subject is not only of practical value to States but will also be of value to space operators”, said McGill Manual Co-Editor Professor Ram S. Jakhu. “Moreover, it sets the agenda for further research on legal issues related to current and emerging challenges in the peaceful exploration and use of outer space”.

The McGill Manual is the product of the MILAMOS Project spearheaded by McGill Faculty of Law’s Centre for Research in Air and Space Law. Its rules result from the impartial and rigorous efforts of an independent group of more than 80 highly qualified legal and technical experts from various countries, with both civilian and military backgrounds. Co-edited by McGill Faculty of Law Professor Ram S. Jakhu and Emeritus Professor Steven Freeland of Western Sydney University, Australia, the McGill Manual is the world’s first manual clarifying international law applicable to military uses of outer space.

Inspired by the vision of contributing to a future where all space activities are conducted in accordance with the international rules-based order for the benefit of present and future generations, the fifty-two Rules of the McGill Manual adopted by consensus by the group of experts cover a variety of international law topics that are of critical importance to all space activities conducted during peacetime and in time of tension that pose challenges to peace. This globally-recognised initiative globally recognised initiative received funding from Government of Canada’s Social Sciences and Humanities Research Council, the Erin J. C. Arsenault Fund at McGill University, and other sources, as well as support from various stakeholders and academic institutions worldwide.

Over the past few years, dozens of in-person meetings were held in, among other locations, Australia, Canada, China, Germany, India, Japan, and the United States. These provided opportunities for the group of experts involved to exchange views and reach consensus on rules of international law as it stands in relation to the rapid proliferation of activities in outer space. Further, such meetings provided interested stakeholders and government representatives an avenue to observe and provide input to the rule-drafting and consensus-forming process.

In recognition of the McGill Manual’s timeliness and relevance, experts involved have been invited to present preliminary findings before such important fora as the United Nations. Most recently, the McGill Manual was highlighted at the Open-Ended Working Group on Reducing Space Threats as part of multilateral discussions to remind the international community of the continued relevance of international law in safeguarding international peace and security in outer space, and on Earth.

The publication of the Rules of the McGill Manual today marks a major milestone in supporting ongoing international efforts to strengthen the international rule-based order for the safe, secure, peaceful, and sustainable use of outer space.

Through a dedicated website, we invite members of the public to share their relevant comments, perspectives and views, particularly on the practice of States, relating to the 52 Rules of the McGill Manual. These comments will be duly considered for inclusion in the Commentaries on the Rules that are being worked on. This process of public consultation will be of added value to the McGill Manual: Volume II - Rules with Commentaries, which is being published separately.

For more information, please contact the kuan-wei.chen [at] mcgill.ca (subject: McGill%20Manual) (McGill Manual Managing Editor Kuan-Wei Chen).

McGill Manual presented to the UN Open-Ended Working Group on Reducing Space Threats

Chairperson of the Open-Ended Working Group (OEWG) on reducing Space Threats through Norms, Rules and Principles of Responsible Behaviours H.E. Hellmut Lagos Koller at the opening of the Working Group's first substantive session on 9 May 2022

In recognition of its expertise in space law and governance, the McGill Institute of Air and Space Law (McGill IASL) has been invited to contribute to ongoing multilateral discussions of the Open-Ended Working Group (OEWG) on reducing Space Threats through Norms, Rules and Principles of Responsible Behaviours. It is among one of the few civil society institutions in the world to be invited to make both a written submission and oral presentation on the agenda item of “taking stock of the existing international legal and other normative frameworks concerning threats arising from State behaviours with respect to outer space”.

The OEWG was established in late 2021 by the United Nations (UN) General Assembly pursuant to UNGA Resolution 76/231. The testing of anti-satellite weapons by various spacefaring nations and geopolitical tensions on Earth have also fuelled speculation and amplified voices spelling the inevitability of “conflict in space” or “war in space” amongst some policy and academic circles. Despite widespread consensus that the shared global commons of outer space must be explored and used in a safe, stable, secure and sustainable manner, an arms race in outer space and outer space becoming another domain of warfare is a very clear and present possibility. Indeed, rapid developments in space applications and technologies have increased the various ways that the space infrastructure can be disrupted, interfered with or even destroyed, which would have devasting consequences for modern economies, societies and militaries.

Despite the adoption of non-biding Guidelines on the Guidelines for the Long-term Sustainability of Outer Space Activities and efforts at strengthening transparency and confidence-building measures by the United Nations Committee on the Peaceful Uses of Outer Space, the Conference on Disarmament has the primary role of addressing the prevention of an arms race in outer space, including the weaponisation of outer space and threats from capabilities on Earth. The establishment of the OEWG will go a long way to identifying space threats and fostering consensus on what legal means and commitments can be pursued to ensure international peace and security in outer space and on Earth.

The first substantive session of the OEWG has been convened from 9-13 May 2022. In its written submission and oral presentation, the McGill IASL underlines the continued relevance and importance of international law to the peaceful exploration and use of outer space. Indeed, since the start of the Space Age, there has been clear consensus among States that international law, including the Charter of the United Nations (UN Charter), applies to activities conducted in outer space and on celestial bodies. Consequently, outer space and celestial bodies must be explored and used in conformity with applicable international law and the UN Charter.

The clarification and restatement of how existing international law apply to the peaceful exploration and use of outer space is timely and vital. Fundamental principles such as having due regard to the corresponding interests of other States when conducting space activities, the obligation to undertake consultation and the right to request consultation in the event of potential harmful interference with the space activities of other States are not merely recommendatory but binding legal obligations. These obligations and constraints on the freedom of action in outer space attach to all space activities, regardless of whether such activities are military or non-military in nature, and regardless of whether such activities are carried on by governmental or non-governmental entities.

Efforts at clarifying international law as it applies to outer space activities are necessary to ensure that all States have a common understanding of basic principles that for over six decades have sustained the safe, responsible and peaceful use of the unique shared commons of outer space. Since 2016, together with a consortium of international partner institutions, the McGill IASL has been developing the McGill Manual on International Law Applicable to Military Uses of Outer Space (McGill Manual or MILAMOS) that very aptly is driven by the recognition of the need to clarify international law applicable to military uses of outer space in times of peace, including challenges to peace.

The oral presentation to the OEWG was well-received by delegates and observers in attendance. Several delegations expressed their appreciation for McGill in clearly setting out the continued relevance and applicability of international law to emerging challenges and space threats. The clarification of binding legal norms will provide the solid foundation for the OEWG to consider the variety of issues under consideration relating to identifying and reducing space threats. With the hope of contributing to ongoing discussions on ways and means to strengthen the responsible and peaceful use of outer space, an advanced draft of the Rules of the McGill Manual will be made publicly available for public consultation and comments in the second half of May 2022. The final publication of the McGill Manual with detailed evidence-based commentaries is scheduled for the second half of 2022.

It is hoped that the written and oral submissions of the McGill IASL and the forthcoming McGill Manual will advance international consensus that conflict in space is not inevitable, and that all States and stakeholders continue to work together to safeguard the sustainability, safety and security of outer space.

Progress update on MILAMOS, the world’s first manual clarifying international law applicable to military uses of outer space

Members of the MILAMOS Editorial Committee enjoying a jovial moment during intense online meetings.

The project to draft the McGill Manual on International Law Applicable to Military Uses of Outer Space (MILAMOS or McGill Manual) is making steady progress and scheduled for completion in the second half of 2022. Though the ongoing global pandemic has caused delays to the MILAMOS Project, tremendous progress continues to be made on the world’s first manual clarifying the international law applicable to military uses of outer space during peacetime.

Since the last in-person MILAMOS rule-drafting and consensus-forming workshop in October 2019, the Group of Experts continue to work toward the finalisation of the Manual. No less than seven meetings of have been convened online, the most recent being the seventh and final meeting of the MILAMOS Editorial Committee in December 2021. Further, ongoing efforts are being made to engage with government officials and interested stakeholders to publicise the important work being undertaken.

Over the past two years, MILAMOS Project Director Professor Jakhu and his colleagues at McGill University, MILAMOS Managing Editor Mr. Kuan-Wei Chen, and MILAMOS Research Coordinator Mr. Bayar Goswami, have been undertaking the meticulous task of coordinating the Rules of the McGill Manual and editing and vetting the associated commentaries to each Rule. In total, there will be over fifty Rules in the McGill Manual covering a variety of subject matters of international space law that are of critical importance to space activities conducted during peacetime, including in times posing challenges to peace.

The lengthy editing and vetting process is vital to ensure that the Rules and associated Commentaries, when put together, read as a coherent whole. Ultimate care has been taken to ensure that the Rules and associated Commentaries, as collectively drafted and adopted by the Group of Experts over the years, are evidence-based and remain neutral and objective in perspective.

True to the original mandate of the McGill Manual to rely only on primary sources, the value of Commentaries to each Rule lies on detailed reference to, for instance, travaux preparatoires of relevant international space law instruments, and subsequent practices of and opinions expressed by States with regard to activities in the exploration and use of outer space. Each Rule and the associated Commentary is forwarded to at least two external Expert Reviewers for peer-review and scrutiny. Among the Expert Reviewers are respected members of the international (space) law community, such as former Judge of the International Court of Justice Judge Abdul Koroma, President Emerita of the International Institute of Space Law Professor Tanja Masson-Zwaan, and Cdr. (Ret'd) Guy Philips of the Royal Military College of Canada, Professor Timiebi Aganaba of Arizona State University, Dr. Ranjana Kaul of Dua Associates, Prof. Sergio Marchisio of Sapienza University of Rome, Prof. Ludwig Weber of McGill University, and Prof. Dr. Bernhard Schmidt-Tedd of German Aerospace Center DLR.

The extensive and very careful editing and vetting process has been made more challenging due to the inability to meet in person. However, the MILAMOS Group of Experts, who together comprise of an inclusive representation -section of legal and expertise from across the globe, remain as committed as ever to the original mission statement and vision of the McGill Manual, which is to contribute to a future where space activities are conducted in accordance with the international rules-based global order for the benefit of present and future generations of all humanity.

In light of recent geopolitical events as well as demonstrations of ASAT-capabilities, there is even greater need for the publication of a manual that objectively clarifies the law applicable to military space activities during peacetime while underlining the limitations international law places on the threat or use of force in outer space.

MILAMOS Project Director meets the Consul General of Japan in Montreal

IASL Acting Director Professor Ram Jakhu met with Consul General Jun Saito of Japan in Montreal to discuss the work of the Institute.

On 28 February 2022, McGill Institute of Air and Space Law Acting Director and MILAMOS Project Director Professor Ram Jakhu met with the Consul General of Japan in Montreal Jun Saito for fruitful exchanges. They were joined by Vice Consul Mai Makizono, and Executive Director of the McGill Centre for Research in Air and Space Law Mr. Kuan-Wei Chen, and DCL candidate and MILAMOS Project Research Coordinator Mr. Bayar Goswami.

The long-awaited in-person lunch meeting took place at the Consul General’s official residence in Westmount. Among the many issues discussed, Consul General Saito expressed great personal interest in the progress of the McGill Manual on International Law Applicable to Military Uses of Outer Space (MILAMOS). In light of geopolitical tensions and alarming developments in the testing of anti-satellite capabilities in outer space, there is a dire need for an impartial and international endeavour to clarify the law applicable to military uses of outer space in peacetime. The McGill Manual’s mandate align squarely with the vision of the Government of Japan, which has long been an ardent advocate and promoter of the rule-based international order and multilateral initiatives to enhance regional and global security.

Throughout the duration of the MILAMOS Project, State Observers from the Ministry of Foreign Affairs and the Ministry of Defense of Japan attended various rule-drafting and consensus-forming workshops. The former Consul General of Japan in Montreal Mr. Osamu Izawa also personally attended and took part at the eighth and final in-person MILAMOS Workshop in October 2019, and graciously hosted the Group of Experts to an elaborate reception at the Consul General’s official residence. Much of the engagement with the Government of Japan at various levels can be attributed to the tireless behind-the-scenes efforts of Professor Setsuko Aoki, who since the launch of the MILAMOS Project played a pivotal role as a member of the MILAMOS Group of Experts and the MILAMOS Editorial Committee as well as Co-Editor of the Manual. The second MILAMOS Editorial Committee meeting was held in Tokyo, Japan, in collaboration with Keio University’s Center for Space Law, where Professor Aoki is Vice Director.

Consul General Saito also took the opportunity to inquire about the McGill Encyclopedia on International Space Law, another flagship project, first of its kind, led by Professor Jakhu which was launched in early 2021 and already enjoys great support from leading scholars and practitioners in the space law community.

Amid the sumptuous lunch of Japanese fare and warm hospitality of the Consul General, Professor Jakhu and his colleagues expressed their sincere gratitude to Consul General Saito and the Government of Japan for their continuing interest, trust and faith in the important research work that is being undertaken under McGill Manual and McGill Encyclopedia projects.

The McGill Manual is entering its final stage of completion, with publication due in the third quarter of 2022. The meeting with Consul General of Japan in Montreal is part of ongoing efforts to engage State officials and sensitise governments and stakeholders about the need to clarify the rules of international law applicable to military uses of outer space.

Eighth MILAMOS Workshop held in Montreal

The eighth rule-drafting and consensus-forming workshop of the MILAMOS Project was held in Montreal, Canada, on 30 September to 5 October 2019. This momentous event coincided with the Inaugural Plenary of the Project on 5 October 2016, and marked a landmark moment in the three-year project.

In total, 35 Experts, Contributors as well as Observers hailing from 19 different countries attended MILAMOS Workshop VIII. Among the Observers were representatives from China, Japan, the Republic of Korea, Switzerland, the United States, as well as an official from the Space Task Force of the European External Action Service. The increased number of Observers reflects the growing interest in and recognition of the value of the MILAMOS Project, which the week earlier was highlighted at the Second United Nations Conference on Space Law and Policy as a practical means to ensure the responsible, safe, and peaceful use of outer space.

The MILAMOS Workshop opened with welcoming remarks from Project Director, Professor Ram Jakhu, who recounted the many memorable moments, trials and tribulations since the beginning of this long and complex international undertaking. Despite moments of disagreement and deadlock, together the Group of Experts overcame adversity with the willingness the stand together, compromise and meet each other mid-way. Most importantly, three years on, having gathered the immense institutional support worldwide and the necessary financial resources to press forward, the MILAMOS Project persists and has been recognised for its commitment to a future where all space activities are conducted in accordance with the international rules-based global order. True to the original vision penned over three years ago, the Group of Experts remain driven by the common objective to preserve the space domain and ensure the safe, secure and sustainable use of outer space for the benefit of present and future generations of all humanity.

Professor Steven Freeland, Co-Editor of the McGill Manual, opened the Workshop with a recitation of a poem by a First Nations poet called “Perspective”, reminding the Group of Experts of the need to “respect other opinions” and seeing the world “through many eyes”. Indeed, throughout the past three years, and in the intense week of plenary sessions, the Group of Experts were confronted with many differences of opinions that needed to be reconciled in order to reach consensus on fundamental rules relating to the military use of outer space. In tributes to First Nations, the traditional stewards of the land on which the Group of Experts met and exchanged ideas, every day of the Workshop opened with poems and prayers by aboriginals that reminded all those involved in the MILAMOS Project of the need to “save the planet from present practices of destruction” and “find the way to restore our humanity”.

Professor Brian Havel, the Chair of the MILAMOS Board of Advisors, also spoke to the participants in an impassioned address that highlighted his personal admiration for the tremendous progress that have been made in the past three years. With the strong and unwavering support of the McGill Faculty of Law for the MILAMOS Project since the its inception, Professor Havel underlined the immense pride that McGill feels in spearheading the Project with renowned academic and stakeholder institutions around the world. Due to the MILAMOS Project, delegates from all continents have the valuable opportunity to discuss sensitive and controversial issues that are hard, if not impossible, to even discuss let alone reach consensus on at the multilateral level.

In total, 23 draft rules and associated commentary were tabled for discussion in the intense week of plenary meetings. Of particular interest are rules dealing with the protection of the (space) environment, the principle of due regard, interference with global navigation satellite systems, cyber operations in support of space activities, and rendezvous and proximity operations, all of which are of immediate interest and concern to space operators during peacetime. As at previous workshops, the presence of an international team composed of acclaimed academics, seasoned military officers, space law practitioners, and technical experts allowed for robust discussions that captured nuanced perspectives and identified, where possible, relevant practice to provide a sound basis for the legality of a variety of space operations with military or strategic nature. Outside of the plenary sessions, smaller group meetings were held, sometimes late into the night or early in the morning, for select members of the Group of Experts to refine the black-letter rules and associated commentary in such a way that would resolve disagreements and better facilitate the objective of reaching consensus.

Besides the intense efforts, the participants at the eighth MILAMOS Workshop also enjoyed dinners and receptions that solidified team-building and allowed them to unwind from long hours of meetings. In the evening of 2 October, the Consul General of Japan to Montreal, Mr. Osamu Izawa, generously invited the Group of Experts for an elaborate reception at his official residence. Since learning of the Project earlier in the year, Mr. Izawa has expressed personal interest in the progress of the MILAMOS Project, and taken time from his busy diplomatic engagements to personally attend MILAMOS workshops held in Montreal. His personal interest, as well as the presence of another delegation of officials from the Japanese Ministry of Defence and Ministry of Foreign Affairs, underlines the continuous efforts of the Project to engage with State representatives to sensitise various governments and stakeholders about the need to clarify the rules of international law applicable to military uses of outer space.

On the eve of the last day of the Workshop, Project Director Professor Ram Jakhu and his wife, Mrs. Bala Jakhu, opened their home to the Group of Experts for another intimate reception. Amid delicious Indian fare, the participants of the Project toasted to the tremendous progress that have been made to date and expressed great appreciation to Professor Jakhu and his colleagues at McGill University for providing the logistical and research support necessary to sustain this collaborative effort. Following a tradition started at the last Editorial Committee meeting in Tokyo, members of the Group of Experts drafted tankas to capture the mood and essence of what the MILAMOS Project meant to them. To top off the festive evening was a cake beautifully decorated with the image of Sputnik and the logo of the MILAMOS Project, a nod to the launch of the world’s first artificial satellite Sputnik on 4 October 1962, as well as the Inaugural Plenary that was held on 5 October 2016.

In the past three years, MILAMOS Workshops have been held in Montreal, Adelaide, New Delhi, Colorado Springs, Beijing, and Berlin; more recently the Editorial Committee responsible for finalising the adopted rules and preparing the McGill Manual for publication, convened a meeting in Tokyo, Japan. Though the eighth rule-drafting and consensus-forming workshop of the Project marked the end of the meetings of the Group of Experts, much work remains to be done. All those involved reaffirmed their commitment to be actively engaged through collaborative tools to finalise a few of the outstanding rules before the complete text of the McGill Manual is peer-reviewed by external reviewers and readied for publication. The McGill Manual is scheduled to be published in the course of 2020.

 

Second MILAMOS Editorial Committee meeting held in Tokyo, Japan

With the tremendous institutional support and generosity of Keio University’s Center for Space Law, the second Editorial Committee meeting of the MILAMOS Project was successfully held in Tokyo, Japan.

Professor Setsuko Aoki, a committed member of the MILAMOS Project since the launch of the Project in 2016, and a valued member of the Editorial Committee, was the gracious host of the meeting, which took place at her university in downtown Tokyo.

The meeting took place on 16-20 July 2019. The heavy rain and intense humidity at the height of summer did not dampen the spirit of the 10 members of the Editorial Committee who gathered in Tokyo. Over the course of four days, the Committee members discussed 22 rules dealing with rules that were hard to reach consensus on, such as the rule on transit through foreign airspace, authorisation and continuing supervision, prior consultation, as well as the rule on space debris. Many of these rules have already been vigorously discussed at previous rule-drafting and consensus-forming workshops among the wider MILAMOS Group of Experts. Through vigorous discussions and determination, the Editorial Committee managed to upgrade to so-called Category 0 status, meaning that the black-letter rules and associated commentary have received the necessary consensus to be finalised. Pending further wordsmithing and editorial work to ensure consistency in the format and language of each rule, Category 0 rules can be soon incorporated into the overall text of the Manual. The Editorial Committee makes major editorial decisions of the McGill Manual on International Law Applicable to Military Uses of Outer Space, and has the responsibility for putting together the final text of the Manual.

Ms. Tomoko Ohkubo, the Manager of the Office of Legal Affairs and Compliance of Japan Aerospace Exploration Agency (JAXA), and a member of the Keio Center for Space, welcomed the Editorial Committee members to Tokyo on the first day. Highlighting the pride the Keio Center takes in hosting the meeting, Ms. Ohkubo underlined that the MILAMOS Project’s objectives to clarify and strengthen the rule of law is in line with the Center’s ongoing research into issues and challenges of space law and governance. Also attending the Editorial Committee meeting were observers from JAXA, including Mr. Yu Takeuchi, a proud graduate of the Institute of Air and Space Law, as well as Ms. Donna Lawler, the Principal of Azimuth Consulting, who has had decades of experience working in the commercial space sector.

Besides the intense meetings throughout the time in Tokyo, Editorial Committee members also enjoyed a host of cultural and culinary experiences courtesy of their most gracious and generous host Professor Aoki. Every day concluded with delicious meals at various restaurants offering tastes of Japanese cuisine. After the meeting, several members of the Committee took a one-day trip to visit and marvel at the many heritage sights in and around the ancient capital Kyoto. Paying tribute to the tradition-rich Japanese culture and language, Committee members were asked to produce “tankas” centred on the theme of MILAMOS. The result of this meaningful exercise showed that in addition to being experts in space law and applications, members of the MILAMOS Group of Experts also possess much wit and artistic flair.

MILAMOS Project highlighted at the UN Committee on the Peaceful Uses of Outer Space

At the 62nd Session of the United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS), the MILAMOS Project was cited as an international “endeavour aimed at ensuring [the] safe and responsible conduct of space activities”. The remarks, delivered by Mr. Victor Veshchunov, the Executive Director of the Intersputnik International Organization of Space Communications (Intersputnik), were made before delegates of the Committee on 14 June 2019.

Underlining the aim of the MILAMOS Project to to objectively articulate and clarify the existing fundamental rules of international law applicable to military use of outer space in peacetime, Mr. Veshchunov called it a “privilege” for Intersputnik to be actively participating in and contributing to the drafting of a manual that will ensure that the exploration and use of outer space is carried on for peaceful purposes. The Moscow-based intergovernmental satellite telecommunications organisation Intersputnik was established in 1971, and enjoys Permanent Observer status at the UNCOPUOS. Involvement in the MILAMOS Project is in line with Intersputnik’s institutional objective of promoting international cooperation and coordination in space, and strengthening and furthering the understanding of international space law. Indeed, in 2018, Intersputnik accepted the rights and obligations under the Rescue Agreement, the Liability Convention, and the Registration Convention, as well as the responsibility for compliance with the Outer Space Treaty.

The MILAMOS Project is in turn privileged to enjoy the personal involvement and dedication of Ms. Elina Morozova, Head of International and Legal Service of Intersputnik. As an Associate Editor and Core Expert in the MILAMOS Project, Ms. Morozova is an active and valued member of the MILAMOS Group of Experts. In addition to being a member of the Editorial Committee, she has publicised the Project at various international venues, including at the 2018 International Conference on Cyberlaw, Cybercrime & Cybersecurity held in New Delhi, India, and a roundtable discussion organised in March 2018 by Moscow Humanitarium, the regional centre of the International Committee of the Red Cross (ICRC).

Scheduled to be completed in the first quarter of 2020, the resultant McGill Manual will, through black-letter rules and associated commentary, clarify the rules of international law applicable to military space activities conducted during peacetime, including in times posing challenges to peace. The involvement and endorsement of space law experts, practitioners, and stakeholder institutions, such as Intersputnik, highlight the recognition this collaborative endeavour enjoys, as well as underline the practical value that the Manual will provide in enhancing the security, sustainability and governance of outer space.

MILAMOS Project presented at the Forum of Strategic Vision Institute (SVI), Islamabad, Pakistan

On 28 May 2019, MILAMOS Associate Expert Dr. Shakeel Ahmad, was invited as a speaker at a seminar titled “India-Pakistan Nuclear Tests Anniversaries: Shifts in Nuclear Doctrines and Deterrent Postures”. The seminar, organised by the Islamabad-based independent think-tank Strategic Vision Institute (SVI), aimed to review India and Pakistan’s nuclear security strategies on the occasion of the twenty-first anniversary of Pakistan’s first nuclear weapons test.

In his paper titled “Arms Control and Disarmament in Outer Space: India’s ASAT Test and Capabilities”, Dr. Ahmad outlined the framework of arms control and disarmament in outer space. Underlining that weaponisation in outer space has created a new concern in geopolitical security and in the use of outer space in a sustainable manner, Dr. Ahmad argued that the acquisition of anti-satellite (ASAT) capabilities by States can dramatically impact the proliferation of space weapons, and may potentially accelerate the creation of space debris if kinetic weapons were used.

There are five United Nations space law treaties. However, there are legal lacunas and issues related to interpretations about the effective application of these treaties and general international law to military uses of outer space. If tensions escalate in space and lead to conflict in space, there will be corresponding impact on Earth. There is therefore a need for international space governance and confidence-building measures related to military uses of outer space activities. It is high time, Dr. Ahmad proposed, to facilitate a governance mechanism to deal with the militarisation of space to avoid the adverse impact this may pose for international peace and security. He also proposed that in order to lower and possibly eliminate tensions, Pakistan and India should initiate and undertake bilateral transparency and confidence building measures (TCBMs) related to outer space matters.

Before over a hundred participants composed of government officials, academics, and members of the press and general public, Dr. Ahmad highlighted that since 2016, an international collaborative effort, spearheaded by McGill University and involving dozens of experts and stakeholder institutions, are currently clarifying international law applicable to military uses of outer space during peacetime. The MILAMOS Project, and the McGill Manual that is scheduled for completion in the first quarter of 2020, will describe for States how existing international law limits the use of force, as well as address the legality of lesser, yet still hostile, activities by States in outer space that fall short of the use of force. Overall, the Manual will contribute to the progressive development of international law and foster international peace and security and the sustainability of outer space, which is in the interest of all States.

While in Pakistan, Dr. Ahmad also took the opportunity to meet with representatives from Institute of Space Technology, Bahria University, Air University, and the South Asian Strategic Stability Institute, all Pakistan-based research institutions with a strong interest in space security and strategy, and expressed keen interest in the progress of the MILAMOS Project. Dr. Ahmad is Erin JC Arsenault Post-Doctoral Fellow at the McGill Institute of Air and Space Law. Prior to joining the Institute, he was Assistant Professor and Focal Person for Centre of International Law at National Defence University (NDU), Islamabad. In addition to his involvement in the MILMAOS Project, Dr. Ahmad is currently researching on negotiating international custom in space law.

Participants at the India-Pakistan Nuclear Tests Anniversaries: Shifts in Nuclear Doctrines and Deterrent Postures seminar, in Islamabad, Pakistan.

 

MILAMOS Editorial Committee meeting takes place in Montreal

 

On 29 April to 2 May 2019, the Editorial Committee of the MILAMOS Project convened the first of its dedicated meetings in Montreal, Canada. This important meeting of the Committee comes close to three years into the MILAMOS Project, at a point when a substantial body of rules have been drafted and adopted through consensus by the wider MILAMOS Group of Experts. The purpose of the Editorial Committee meeting was to make key editorial decisions and synchronise the existing text of the Manual in preparation for submitting a manuscript to a reputable publisher for review and eventual publication of the Manual in 2020.

For four intense days, McGill Manual Co-Editors Professor Ram Jakhu and Professor Steven Freeland met with members of the Editorial Committee Professor Setsuko Aoki (Keoi University, Japan), Dr. Roy Balleste (St. Thomas University, United States), Mr. Gilles Doucet (Spectrum Space Security Inc., Canada), Mr. Peter Hulsroj (Comprehensive Nuclear-Test-Ban Treaty Organization (CTBTO), Austria), Dr. Philip de Man (University of Sharjah, the United Arab Emirates), and the alternate Chinese member of the Editorial Committee, Dr. Jinyuan Su (Xi'an Jiatong University, China). The meeting was held in the beautiful setting of the Stephen Scott Room in Old Chancellor Day Hall of the McGill Faculty of Law. Also in attendance as observers were Associate Expert Dr. Shakeel Ahmad (Bahauddin Zakariya University, Pakistan), and Core Expert Professor George Kyriakopoulos (National and Kapodistrian University of Athens, Greece), who are respectively a Post-Doctroral Researcher and Visiting Scholar at the McGill Institute. The meeting was facilitated with the presence of Managing Editor Mr. David Kuan-Wei Chen and Research Coordinator Mr. Bayar Goswami, and several Research Assistants from the McGill Institute of Air and Space Law.

Among the many crucial issues discussed were the Front Matter of the Manual, which has seen various revisions and will appear at the beginning of the McGill Manual. This tone-setting segment of the Manual will set out the vision, mission and scope of the MILAMOS Project, as well as provide future users of the Manual with a practical guide on how space operators and relevant space stakeholders can effectively find the relevant information pertaining to legality of particular military uses of outer space.

The McGill Manual is intended as a practical one-point-reference resource, and is aimed to be used and understood by any space stakeholder or interested party even without the prerequisite legal knowledge or training. The McGill Manual will cover the legal implications of a spectrum of military uses of outer space and military activities, threats or use of force that fall short of an armed attack, and reflects considered legal viewpoints from across the globe. The target audience of the McGill Manual is government lawyers, policy-makers, military and commercial space operators, and other stakeholders who have an interest in the security, sustainability and the global governance of the outer space.

The Editorial Committee also tackled over a dozen fundamental rules and principles that will form the backbone of the Manual, including the definition of what constitutes a “military space activity”, the black-letter rule on “peaceful purposes”, the application of international law to space, and responsibility of States for national space activities. Semi-finalised versions of these and many other black-letter rules and associated commentary have been prepared and peer reviewed as a result of the vigorous rule-drafting and consensus-forming process of the Project to distill the consensus of the Group of Experts. The members of the Editorial Committee have the onerous task of settling any outstanding issues of contention, if necessary by carefully capturing any minority/majority opinions expressed by the Group of Experts, as well as thoroughly editing and integrating each rule and associated commentary into the final text of the Manual.

Further, at this meeting in Montreal, the Editorial Committee also discussed the vital matter of engagement with States and other space stakeholders— a process that has been ongoing process since the launch of the Project in 2016. Six rule-drafting and consensus-forming workshops have been already held at various locations in Oceania, North America, South Asia and East Asia. Another workshop will be held at the end of May in Berlin, Germany, which is co-hosted by the German Federal Ministry of Defence, in cooperation with the Institute of Air and Space Law of the University of Cologne. Each of these workshops have altogether attracted the participation of dozens of Observers from relevant governmental ministries, civil society and academic institutions, and the armed forces of various States, providing ample opportunity to engage stakeholders and inform the public about the progress and developments in the MILAMOS Project. Other outreach initiatives, such as the recent presentation before delegates of the Sixth Committee of the United Nations General Assembly by Project Director Professor Ram Jakhu, and participation at a variety of international conferences in Asia, the Middle East and Europe, have helped to inform State officials and space stakeholders about the need for an objective clarification of the law to better safeguard the security and sustainability of outer space for the benefit of all space operators.

The Editorial Committee in Montreal marked another milestone in the production of the McGill Manual, the draft text of which is scheduled for completion by the end of this year. Another dedicated meeting of the Editorial Committee will convene in Tokyo, Japan, in July 2019, and it will be hosted by Partner Institution Keio Space Law Centre of Keio University.

MILAMOS Workshop VI held in Montreal, Canada

The sixth rule-drafting and consensus-forming workshop of the project to draft the McGill Manual on International Law Applicable to Military Uses of Outer Space (MILAMOS) was held in Montreal, Canada, on 18-23 February 2019. The three-year project which clarifies and restates the law in relation to military uses of outer space during peacetime, and in situations posing threats to the peace, is expected to conclude by the end of 2019.

In spite of the harsh Canadian Winter, over 30 experts and contributors involved in the Project traveled from all over the world gathered to attend the workshop in Montreal. At the Opening Ceremony, Professor Robert Leckey, Dean of the Faculty of Law of McGill University, commended the participants of Workshop VI for their continuing involvement in the MILAMOS Project. Amid much publicity, the MILAMOS Project was inaugurated at the exact same location back in October 2016. Dean Leckey was also present at the time to highlight the commitment of McGill University and its Faculty of Law to forward-thinking, interdisciplinary and world-class research involving practitioners and academics from across the globe. Almost three years later, tremendous progress has been made in the Project. In his opening remarks, Professor Ram Jakhu, MILAMOS Project Director and Co-Editor of the McGill Manual, conveyed his great appreciation for the collective efforts of all those involved in the Project, and expressed confidence the Manual is on track to completion.

Since the last rule-drafting and consensus-forming workshop in Beijing, China, the MILAMOS Group of Experts has been actively preparing for the five-day in-person meeting. Before each workshop, through a flurry of email exchanges and various stages of review and revision, draft rules and associated commentary that will eventually become part of the Manual undergo various rounds of review and refinement to reach a stage of maturity suited for tabling and potential adoption by the wider MILAMOS Group of Experts at plenary sessions. Rule-drafting and consensus-forming workshops, like the one that was just recently and successfully held in Montreal, are meant to iron out outstanding issues of contention and provide the opportunity to capture the consensus, or if applicable disagreement, among the Group of Experts. This long and meticulous drafting and review process ensures that the rules and associated commentary that will eventually form the body of the McGill Manual is expressed in clear and unambiguous language and is consistent with widely accepted international law.

Over the span of four long but productive days, the MILAMOS Group of Experts discussed over 30 draft rules dealing with vital issues relating to military uses of outer space. Among the host of draft rules discussed included the rule on the responsibility of States for national space activities, the principle of due regard, as well as rules related to situations short of an armed conflict that pose threats to peace, such as the legality of lasering, dazzling and jamming of space objects, and the threat or use of force involving space infrastructure.

Over 30 experts and contributors hailing from 12 different States attended MILAMOS Workshop VI. In addition, highlighting the international importance and recognition of the Project, 8 Observers and from Canada, Japan and the United States were in attendance at the four-day event in Montreal. Among the participants were also students from the current class of the Institute of Air and Space Law, several of whom have been actively involved in providing valuable research assistance to the Group of Experts.

Since its inception, the MILMAOS Project has sparked widespread interest and debate among policy-makers, academic circles and the general public. The rule-drafting and consensus-forming process, and the involvement of a representative group of space law experts and professionals from major space-faring and emerging space-faring States, ensures that the McGill Manual captures the perspectives of a wide-range of space stakeholders from around the world.

With a number of States and stakeholders competing to host the event, the next rule-drafting and consensus-forming workshop is scheduled to take place in May 2019.

Visit of the Consul General of Japan to the Institute of Air and Space Law

 

On 6 February 2019, the Consul General of Japan in Montreal, Mr. Osamu Izawa, and Vice-Consul Mr. Tomohiro Uchida, paid a visit to the McGill Institute of Air and Space Law. Central to the various topical issues discussed during the hour-long open dialogue was the project to draft the McGill Manual on International Law Applicable to Military Uses of Outer Space (MILAMOS).

The courtesy call was prompted by the Consul General’s personal interest as a seasoned diplomat of the Japanese foreign service in matters and trends relating to global security, defence policy and the rule of law. Prior to assuming the post as the Consulate General of Japan in Montreal, Mr. Izawa reached out to IASL alumna Professor Setsuko Aoki (DCL, 1986) to learn about the Institute and the prolific research and outreach activities of its Centre for Research in Air and Space Law, which is spearheading the MILAMOS Project. Professor Aoki, of Keio University Space Law Center, is a key member of the Space Policy Committee of the Japanese Cabinet Office and Legal Advisor of the Ministry of Foreign Affairs to the Legal Subcommittee of the United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS). From the inauguration of the MILAMOS Project in 2016, Professor Aoki has been a valuable member of the MILAMOS Group of Experts and is a member of the Editorial Committee of the McGill Manual.

Mr. Izawa and his deputy were warmly received at the Institute by Professor Ram Jakhu, Director of the MILAMOS Project, MILAMOS Lead Technical Expert Mr. Gilles Doucet, MILAMOS Managing Editor Mr. Kuan-Wei Chen, and Mr. Bayar Goswami, the MILAMOS Research Coordinator. During engaging discussions that lasted for over an hour, Mr. Izawa inquired and showed great interest to learn about the rationale for and progress of the MILAMOS Project. He commended the tremendous value in the clarification and restatement of the law as it applies to military uses of outer space. Further, the Consul General recognised the potential impact of the McGill Manual in informing and shaping the behaviour of States in outer space, which, for the sustainability and security of this shared domain, need to take into consideration principles such as due regard for the activities of other States and obligations under the United Nations Charter. In return, the Consul General of Japan shed light on Japan’s enlightened national and foreign policy objectives, which place emphasis on the peaceful use outer space to support civilian objectives and enhance national defence.

In light of geopolitical tensions, and differences in national policy and interpretations of the law, use of outer space is faced with a myriad of and challenges with regard to space security and space safety. These challenges underline the need for an impartial and international endeavour to restate the law on military uses of outer space. Clarity with regard to peacetime military operations will go a long way to further peace on Earth and in outer space, which are crucial conditions for the continued use and reliance on space applications that have brought immense, strategic, civilian and socio-economic benefits to States around the world. As Professor Jakhu expressed, there are immense policy opportunities for peace-loving States such as Japan to assume a central role in advocating the peaceful uses of outer space, and in preventing space from becoming another domain for armed conflict. Such a policy is very much in line with the overarching theme of Japan’s national and foreign policy, and also in line with the objective of the MILAMOS Project.

The upcoming rule-drafting and consensus-forming workshop of the MILAMOS Project, will be attended by several State Observers, including four representatives from the Ministry of Foreign Affairs and the Ministry of Defence of Japan. Since the launch of the MILAMOS Project at McGill University in May 2016, a total of five such workshops have been organised at locations around the world, each presenting valuable opportunities for interested stakeholder institutions and State representatives to take part as Observers. Such rule-drafting and consensus-forming workshops are crucial to secure the active input and fair representation of civilian and military experts, and observers, and to ensure that the McGill Manual captures the spectrum of perspectives from across the globe.

The MILAMOS Project is honoured by the recognition that the intense and impartial rule-drafting and consensus-forming process continues to attract. The tremendous expression of interest stakeholders and States, such as Japan, in the valuable work of the Group of Experts is an affirmation of our commitment to finalise the McGill Manual in the course of 2019.

Conflicts in Space and MILAMOS Roundtable in the UAE

MILAMOS Project Core Experts Professor Steven Freeland, Dr. Philip de Man and Mr. Peter Hulsroj with Mr. Humaid Alshamsi speaking at the Conflicts in Space and MILAMOS Rountable, organised in Al Ain, the United Arab Emirates.

The McGill University Center for Research in Air and Space Law recently collaborated with the College of Law, United Arab Emirates University in organising a conference entitled “Legal Aspects of the Usages of Outer Space: Opportunities & Challenges” on 20-21 November 2018 in Al Ain, the United Arab Emirates.

The conference attracted participation of over 100 delegates and invited keynote speakers from across the globe with diverse backgrounds from academia, space agencies and the space industry. The conference was thematically designed to deliberate on issues such as the definition and delimitation of outer space, legal aspects relating to peaceful and military uses of outer space, regulation of commercial exploitation of outer space and the international responsibility and dispute settlements concerning space activities.

A dedicated roundtable session was held on the topic of “Conflicts in Space and MILAMOS” where MILAMOS experts introduced and discussed at length the vision, mission and scope of the project. Members of the Editorial Committee of the MILAMOS Project, Dr. Steven Freeland (Western Sydney University), Mr. Peter Hulsroj (CTBT Organization) and Dr. Philip de Man (University of Sharjah) joined by our recent IASL graduate Mr. Humaid Alshamsi contributed to this extremely enriching session. Central to the roundtable was the overarching theme and opinions of experts in maintaining outer space as a peaceful frontier as against the notion of outer space becoming a war-fighting domain. On similar lines, the Research Coordinator of the MILAMOS Project, Mr. Bayar Goswami (McGill University) also made a presentation entitled “Outer Space Beyond the Theatrics of Space War”, recalling and emphasising the circumstances leading to the formulation of Outer Space Treaty, while arguing a case against the hyped narrative of outer space being a new frontier for war.

The conference was a tremendous success and concluded with draft recommendations, which may serve as a significant trigger to push relevant ideas and issues surrounding the peaceful exploration and use of outer space.

MILAMOS Project presented at the International Conference on Cyberlaw, Cybercrime & Cybersecurity

The MILAMOS Project was a highlight of the 2018 International Conference on Cyberlaw, Cybercrime & Cybersecurity (ICCC), held on 14-16 November 2018 in New Delhi, India. MILAMOS Associate Editor and Core Expert, Ms. Elina Morozova, was invited to attend this year’s event and speak about the intersection of challenges and threats in both cyberspace and outer space.

A high-level event that attracts the participation of governmental officials and industry representatives to discuss evolving challenges and issues pertaining to cyberspace, the ICCC has been held annually since 2014. Organised by Cyberlaws.Net and Pavan Duggal Associates, this year’s conferenced focused on the theme “Working towards a Cyber Secure, Artificial Intelligence Ecosystem”. With 54 different sessions over three days, the Conference covered many cutting-edge issues facing States, corporations, individuals and other stakeholders in the domain, including cyber attacks, developments in blockchain, the Internet of Things, and evolving norms of behavior in cyberspace. Ms. Morozova joined over 150 other speakers, who included government ministers and representatives, industry experts, academics and professionals in the industry, to address the variety of challenges, issues and problems in the cyber domain.

In her presentation on Cyber Security and Outer Space, Ms. Morozova used the unique opportunity to highlight growing vulnerabilities of space assets and the interrelated susceptibility of space operations to cyber attacks. The range of threats include the jamming, spoofing or hijacking of signals that may disrupt ground and space infrastructure, and inhibit the ability of the end-users to make use space assets and applications. Indeed, in its April 2018 report, the Legal Subcommittee of the United Nations Committee on the Peaceful Uses of Outer Space highlighted “the issue of cybersecurity and constant scientific and technological advances were creating conditions that had not been foreseen when the space treaties were negotiated”. Spotlighting the work and progress of the MILAMOS Project, Ms. Morozova underlined the importance of clarifying the rules of international law applicable to military uses of outer space, including space-related military cyber activities, to ensure the sustainable use of outer space for the benefit of present and future generations. Additionally, Ms. Morozova also took part in a panel entitled “Safeguarding Critical Information Infrastructure from Cyber Attacks”, in which she underlined the vulnerability of space-related infrastructure, such as spaceports, launch pads and ground stations, to cyber incursions. From her extensive professional experiences, MILAMOS Expert Ms. Morozova was well-suited to address the various questions from the audience and share valuable insights from the perspective of a space operator.

The novelty of the MILAMOS Project and particularly discussions surrounding military space activities triggered great interest at the International Conference on Cyberlaw, Cybercrime & Cybersecurity in New Delhi. Invitation to share the progress and preliminary findings of the Project shows the attention and importance this global initiative has attracted at various multilateral forums. Earlier, MILAMOS Project Director Professor Ram Jakhu was invited to share information about the Project with delegates of Sixth Committee of the United Nations General Assembly. At UNISPACE+50, held in June 2018, the MILAMOS Project was promoted as a successful initiative to bring together various stakeholders in the space domain with the objective of fostering dialogue and consensus on matters relating to the sustainability, safety and security of outer space.

With the scheduled completion of the MILAMOS Project in 2019, such outreach events and public engagement initiatives are vital to promote and attract the wide-spread recognition of the McGill Manual on International Law Applicable to Military Uses of Outer Space. With a wide spectrum of partner institutions and contributions from across the globe, the MILAMOS Project and the resultant manual continues to seek input and consultation from stakeholders worldwide to capture the wide range of interests and concerns relating to the military uses of outer space, including space-related cyber activities.

MILAMOS presented at the UN High-Level Forum in Bonn, Germany

Mr. Bayar Goswami, Research Coordinator of the MILAMOS Project addressing the audience at the UNOOSA High-Level Forum: The Way Forward after UNISPACE 50 and on Space2030

The United Nations Office for Outer Space Affairs (UNOOSA) in collaboration with the German Aerospace Centre (DLR) and the European Space Agency (ESA) organised the third High-Level Forum: The Way Forward after UNISPACE+50 and on Space2030 (HLF 2018) in Bonn, Germany, on 13-16 November 2018. The forum was focussed on pushing forward the outcomes and recommendations of the previous two High-Level Forum and UNISPACE+50. This High Level Forum developed new recommendations touching the four pillars of space economy, space society, space accessibility and space diplomacy to develop the Space 2030 Agenda.

The HLF 2018 proved to be an important platform for setting the future Space2030 Agenda and witnessed the participation of over 300 delegates from across disciplines of academia, space industry, governmental and intergovernmental agencies.

Mr. Bayar Goswami, Research Coordinator of the MILAMOS Project and a doctoral candidate at the Institute of Air and Space Law was invited as a panellist for a session focussed on Legal Regime of Outer Space and Global Space Governance. Mr. Goswami made a presentation entitled “Unearthing Outer Space Through Anthropo-legal Perspectives”, which challenged the current global narratives relating to the race to space resources, the hyped inevitability of a space war, unilateral State actions and the anthropocentric value paradigm through which humanity is now looking at outer space. He also introduced the vision and mission of the MILAMOS Project at the Forum, which was well received and sparked interesting discussions, and generated great interest in the work of the MILAMOS Project.

MILAMOS Workshop V successfully held at Beijing, the People’s Republic of China

The fifth rule-drafting and consensus-forming workshop of the MILAMOS (Manual on the International Law Applicable to the Military Operations in Space) Project was held in Beijing, the People’s Republic of China, on 30 October-4 November 2018. The highly successful meeting of the MILAMOS Group of Experts, the first of its kind in Asia and in China, was organised at the Beijing Institute of Technology (BIT), which is a Partner Institution of the Project.

Over the course of five days, MILAMOS experts and contributors attended intense plenary sessions to discuss dozens of rules that have been drafted since the previous workshop held at Montreal, Canada, in July 2018. Fundamental rules which define the scope and approach of the resultant Manual clarifying the legality of military activities and uses in outer space, were tabled and fiercely debated with a view to capturing the consensus of the Group of Experts who represent a wide spectrum of perspectives and legal approaches on issues that have long been the source of debate and contention. Key definitional rules on, inter alia, what constitutes Military Space Activity, Damage, Harmful Interference, the meaning of Peaceful Purposes, and the scope of the Application of International Law to Outer Space, were discussed. Dozens of other rules were conceptualised and assigned to MILAMOS Core Experts with a view to drafting them following the Beijing Workshop and prior to the next consensus-forming workshop in four months’ time. No doubt, MILAMOS Workshop V marked yet another major milestone in the three-year Project, and consolidated much of the progress that has been made since the Project launched in May 2016.

Secretary General of BIT Law School, Mr. Yu Zhang, and Vice President of BIT, Mr. Zhihong Yang were presented with a special commemorative plaque celebrating the cooperation and collaboration between the BIT Institute of Space Law and McGill Institute of Air and Space Law in the research and dissemination of knowledge in this cutting-edge field of law.
Secretary General of BIT Law School, Mr. Yu Zhang, and Vice President of BIT, Mr. Zhihong Yang were presented with a special commemorative plaque celebrating the cooperation and collaboration between the BIT Institute of Space Law and McGill Institute of Air and Space Law in the research and dissemination of knowledge in this cutting-edge field of law. The Secretary General of BIT Law School, Mr. Yu Zhang, and Vice President of BIT, Mr. Zhihong Yang, opened the Workshop by welcoming the Experts and participants to the foremost research and educational institution in China in the domain of space law. Adhering to the objective of integrating science and technology in the study of and research in law, an objective shared in the vision of the MILAMOS Project, BIT has dedicated research centres focusing on air and space law, the interaction between military and civilian law, and legal aspects of artificial intelligence, making it a natural choice as the MILAMOS Partner Institution in China, and the host of MILAMOS Workshop V. BIT, which joined the MILAMOS Project as a Partner Institution in March 2018, is also the official Space Law Centre of the China National Space Administration (CNSA), China’s space agency. At the Opening Ceremony of the Workshop, BIT officials were presented with a special commemorative plaque celebrating the cooperation and collaboration between the BIT Institute of Space Law and McGill Institute of Air and Space Law in the research and dissemination of knowledge in this cutting-edge field of law.

MILAMOS Project Director and Co-Editor of the McGill Manual, Professor Ram Jakhu, welcomed the participants to the Workshop by expressing his gratitude to the experts and technical advisors for their tireless support and contributions that continue to make the MILAMOS Project a truly international, interdisciplinary and collaborative project. During his welcome address, Professor Jakhu used the opportunity to highlight some recent outreach activities of the MILAMOS Project, including a briefing before delegates of the Sixth Committee of the United Nations General Assembly in New York, and a seminar at Columbia University. Further, the MILAMOS Project will be the subject of discussions at the Workshop on Indo-Pacific: Security Governance for Peace, held at York University in Toronto, Canada (14-15 November 2018); at the International Conference on Cyberlaw, Cybercrime & Cybersecurity, to be held in New Delhi, India (14-16 November 2018); and also at a dedicated Roundtable on “Conflicts in Outer Space and MILAMOS” held on the sidelines of the Conference on Legal Aspects of the Use of Outer Space: Challenges and Opportunities, which is being organised by the United Arab Emirates (UAE) University, in Al-Ein, the UAE (20-21 November 2018). Coupled with previous presentations and publicity events on the MILAMOS Project before the UN and various other fora, it is manifest that the innovative and important work undertaken by the MILAMOS Group of Experts is attracting the interest and attention of governments and stakeholders across the globe.

Professor Brian F. Havel, Chair of the MILAMOS Board of Advisors, addressed the participants at MILAMOS Workshop V in absentia. In his rousing speech, the Director of the McGill Institute of Air and Space Law highlighted the ability of this worthwhile endeavour to bring together experts, practitioners and academics from civilian, commercial, governmental and intergovernmental institutions across the globe who share concerns for the safety, security and sustainable use of the fragile space environment. The willingness and ability to work in harmonious collaboration, and the visible efforts of the participants to seek consensus on matters that at times may seem controversial, remain highly valuable and much needed in a world divided by geopolitical interests and Realpolitik. Indeed, in recognition of the value of the McGill Manual, Professor Havel disclosed that Cambridge University Press, one of the world’s most prestigious imprints, has approached MILAMOS Project Director Professor Ram Jakhu to discuss the opportunity of publishing the Manual upon its completion in 2019.

MILAMOS Workshop V was attended by 21 contributors and participants from 12 States, including representatives from the three major spacefaring States of China, the Russian Federation, and the United States. In addition, underlying the great interest in and importance of the issues being debated in the MILAMOS Project, there were six observers hailing from the Embassy of Canada to the People’s Republic of China, China, Japan, and the United States. Besides the intense agenda featuring 12 plenary sessions and 6 Editorial Committee meetings, the MILAMOS Group of Experts and participants at the Workshop also took the opportunity to tour iconic sights of Beijing and to sample a variety of delicious local cuisines, all provided courtesy of BIT as the host of Workshop V.

The next rule-drafting and consensus-forming workshop will be held in February 2019, most probably in Germany, hosted by our Partner Institution, the Institute of Air and Space Law of the University of Cologne.

Experts and participants at MILAMOS Workshop V enjoying a wonderful feast of Chinese cuisine on the sidelines of the Beijing Workshop.

MILAMOS Project Director Ram Jakhu present before delegates of the UN Sixth Committee

MILAMOS Project Director Professor Ram Jakhu with other distinguished panelist at the ECOSOC Chamber of the United Nations. The panel on "Does International Law Matter?" was organised on the sidelines of the 73rd Session of the Sixth Committee of the UN General Assembly.

On 18 October 2018, MILAMOS Projector Director Professor Ram Jakhu enjoyed the honour of addressing delegates of the Sixth Committee of the United Nations (UN) General Assembly. Speaking on the side-lines of the 73rd Session of the Sixth Committee at the UN Headquarters in New York, Professor Jakhu was invited by the Permanent Observer of the Asian-African Legal Consultative Organization (AALCO) to join a distinguished panel of experts and legal practitioners at a roundtable under the theme Does International Law Matter?

Professor Jakhu’s presentation at the United Nations attracted keen attention from delegates of the Sixth Committee and other interested parties. The Sixth Committee is one of the main working committees of the General Assembly, and is the primary forum for the consideration of legal issues before the General Assembly. Among other issues discussed at the event in New York were matters relating to the prevention of military diversion from peaceful uses of nuclear materials, the protection of civilians in armed conflict, and the criminalisation of crimes of aggression under national law. In his presentation titled “Threats to Peaceful Uses of Outer Space”, Professor Jakhu used the unique opportunity to highlight the promising contributions of space applications and technology to social, economic and human development, as well as remind the audience of the devastation and threats to the survival of humanity if the behaviour of States break from legal prescriptions on and commitments to the peaceful uses of outer space. Prof. Jakhu highlighted how and why the objective of peaceful uses of outer space secured under multilateral treaties is regrettably being threatened by recent geopolitics and national military interests.

Like other domains of international and interactional relations, a peaceful and sustainable space environment governed by an international rules-based regime is in the interests of all States. Before respected ambassadors, seasoned diplomats and legal professionals, Professor Jakhu underlined there are real and tangible threats to the peaceful uses of outer space. Unilateralism and the trend toward the increased militarisation and even weaponisation of outer space is heightening as terrestrial tensions extend to the final frontier. Such threats to the space domain ought to be resolved through global dialogue and tempered through rule-based mechanisms. Concerted efforts by all States and peoples of the world are needed for the true spirit and meaning of peaceful purposes enshrined in the governance of space to prevail. Professor Jakhu concluded by highlighting the MILAMOS Project and the McGill Manual being drafted that is intended for use by a wide spectrum of operators, stakeholders, experts, and interest groups with a shared concern and interest in the sustainability and security of outer space.

Professor Jakhu’s presence at the roundtable discussion is part of the continuing effort to raise awareness about increasing threats to the delicate environment and peace of outer space, and publicise the work and progress of the MILAMOS Project at the multilateral level. Earlier this year, the MILAMOS Project was highlighted at UNISPACE+50 as a prime example of a successful civil society initiative to bring together various stakeholders in the space domain with the objective of fostering dialogue and consensus on matters relating to the sustainability, safety and security of outer space. Besides the intensive rule-drafting and consensus-forming process of the Project, members of the MILAMOS Group of Experts frequently attend international and conferences outreach events to spread the mission of the MILAMOS Project and engage with a variety of stakeholders worldwide. One such recent event was a roundtable held on the sidelines of the conference on Legal Aspects of the Usages of Outer Space: Opportunities & Challenges in Al Ain, the United Arab Emirates.

Since the launch of Phase II of the MILAMOS Project, there has been active engagement with global collaborators and State engagement initiatives to ensure the resultant manual is truly the result of input from global participants and stakeholders, and is reflective of the wide spectrum of interests and concerns relating to the military uses of outer space. The recent presentation of the outreach event at the United Nations Headquarters is testament to the wide interest and acceptance of the mission and vision of the MILAMOS Project, which is scheduled to be completed by the end of 2019.

MILAMOS Workshop IV held in Montreal, Canada

18 July 2018

The fourth rule-drafting and consensus-forming workshop of the project to draft the McGill Manual on International Law Applicable to Military Uses of Outer Space (MILAMOS) was held in Montreal, Canada, on 10-14 July 2018.

Director of the Institute of Air and Space Law, and Chair of the MILAMOS Board of Advisors, Professor Brian Havel, opened the Workshop with a rousing speech about the importance and timeliness of the MILAMOS Project. At the recent UNISPACE+50 events, several States underlined the necessity that space must be used for peaceful purposes and that space activities must be conducted in accordance with the rule of international law. Further, the announced intention of the United States to secure “space dominance” through the establishment of a “Space Force” has created much international alarm, highlighting the importance of articulating and clarifying the legality of various military activities in the space context.

In his opening remarks, Professor Ram Jakhu, the Project Director of the MILAMOS Project and Co-Editor of the McGill Manual, expressed his appreciation for the dedication and commitment of the MILAMOS Group of Experts gathered in Montreal. The active participation of known academics and professionals in the space domain is crucial for the success and international acceptance of the Project, which at this crucial phase enjoys the input of recognised world experts, more balanced geographical representation, and the involvement of collaborating institutions around the globe. Professor Steven Freeland, the Dean of the School of Law of Western Sydney University and Co-Editor of the McGill Manual, reminded the MILAMOS Group of Experts of the noble objective of drafting a manual that objectively articulates and clarifies international law applicable to military space activities, with a particular focus on activities in times of peace. The Manual is intended to reflect the consensus of legal viewpoints from across the globe, and to attract a broad audience in academia, the legal profession, and policy circles. As many space objects may be used simultaneously for military and non-military purposes, and that many space activities may entail a military use of outer space despite not being performed or owned by military establishments or personnel, the McGill Manual will be a valuable and practical guide for space operators, stakeholders, experts, and interest groups with an interest in the security and sustainability of space activities

For four days, the MILAMOS Group of Experts worked tirelessly to discuss and adopt, through consensus, two dozen rules that were drafted in the preceding months. Fundamental rules on the meaning of “peaceful purposes”, the scope of the application of international law to space activities, to the concept of the launching State, and issues of property rights that may arise in relation to military space activities, were among the draft rules prepared in advance of the meeting in Montreal. Through a meticulous process involving various stages of peer review and revision, the draft rules tabled before the plenary sessions of the workshop contain the essence of the collective input of the entire Group of Experts. Long and engaging discussions took place before sufficient consensus can be reached for the adoption of the rule. Commentary accompanying the rule reflect the varying perspectives and, if applicable, majority /minority viewpoints that arose through the discussions. This process, and the involvement of a representative group of space law experts and professionals from major space-faring and emerging space-faring States, will ensure that the McGill Manual captures the perspectives of a wide-range of space stakeholders from around the world.

Over 20 Experts hailing from 13 different States, including Australia, Brazil, France, Germany, Russia, the United Kingdom, and the United States (US), attended the MILAMOS Workshop IV in Montreal. In addition, two State Observers, one from the US Department of State and another from the Canadian Department of National Defence, attended the four-day event, signifying the importance of the endeavours by the Group of Experts and the great international interest the MILAMOS Project has attracted since its launch in May 2016.

The next rule-drafting and consensus-forming workshop will take place in October 2018, and will be hosted by Partner Institution the Beijing Institute of Technology.

MILAMOS Project presented at UNISPACE+50

18 June 2018

The project to draft the McGill Manual on International Law Applicable to Military Uses of Outer Space (MILAMOS) was the subject matter of great interest at UNISPACE+50, which took place on 18-21 June 2018 on the premises of the United Nations in Austria, Vienna. The long-anticipated, high-level meeting was organised to mark the fiftieth anniversary of the first United Nations Conference on the Peaceful Uses of Outer Space (UNISPACE), an event that highlighted the importance of harnessing the peaceful use of outer space and space applications for the benefit of humanity.

UNISPACE+50 was convened to look back at the progress made in the last fifty years of space activities, and discuss how space can remain a domain reserved for peaceful uses and unite humanity. The fiftieth anniversary of UNISPACE was as an opportunity for the United Nations Office for Outer Space Affairs (UNOOSA) to bring together various stakeholders in the space domain to discuss the future of space in light of rapidly developing space ventures, a proliferation in the number of space actors, and growing concerns about the sustainability, safety and security of space.

The MILAMOS Project was presented at the United Nations forum by Mr. Kuan-Wei Chen, Executive Director of the McGill Centre for Research in Air and Space Law, and Managing Editor of the McGill Manual, on the “Space and Civil Society” panel of the Symposium. In his presentation, titled “Strengthening Space Law and Governance: Lessons from the Lecture Halls and Beyond”, Mr. Chen highlighted the MILAMOS Project as a prime example of the instrumental role civil society institutions are playing to bring together and foster dialogue and agreement among actors and stakeholders in the space domain.

Together with partner institutions from across the globe, the MILAMOS Project is an innovative and much-needed undertaking for experts to discuss and reach consensus on matters relating to the sustainability, safety and security of the space domain. These matters, particularly touching upon the role of military activities and applications, are otherwise too controversial and contentious to discuss, let alone reach agreement on, at the diplomatic level. With the active participation and input of renowned practitioners and academics, governmental and intergovernmental experts, military officers, and commercial and non-governmental stakeholder institutions from across the globe, the McGill Manual will be an authoritative document identifying and clarifying international law as it applies to military activities in the space domain. Unique in its conception and approach, the MILAMOS Project will encapsulate the legality of various military uses of space, ranging from activities undertaken in peacetime, in times of rising tension, and potentially to covering activities in times of armed conflict. Slated for completion in 2019, the McGill Manual will be a product of global participation and consensus, and will be a practical guide for civilian and military operators, governmental and commercial entities, and all those with an interest in the safety and security of space operations.

Several members of the audience, which included delegates and representatives of States, professionals and academics with an interest in space, and members of the international press, asked questions during the Q&A period and in private, and it was evident that the Project generated great interest and debate. This interest can also be partly attributed to the fact that, a day earlier, United States President Trump announced the intention to establish a “space force” to ensure American dominance and superiority in outer space.

Discussions on the increasing trend and developments in the potential weaponization of outer space ensued at the High Level Forum that followed the Symposium, where dozens of States and stakeholder institutions made use of the opportunity to make statements before the special UNISPACE+50 session of the United Nations Committee for the Peaceful Uses of Outer Space (UNCOPUOS). All States and stakeholders underlined the necessity of maintaining space for peaceful uses and of ensuring that space activities be conducted in accordance within the framework of the established legal regime. The concept of global space governance was repeatedly echoed in the official remarks of many States and stakeholders, and it was there was general agreement on the need to strengthen the rules of the road governing space activities through concerted diplomatic and consensus-making efforts. Of particular note is that several States, Switzerland being the more unequivocal in its statement, expressly highlighted that armed conflict in outer space would be detrimental to all in the space domain, and therefore must be prevented. The Russian Federation also released a working paper urging continued diplomatic efforts to address matters of space security, and underlining the position that conflict in space is undesirable and must be prevented at all costs.

The statements by the various State delegations and stakeholders highlight the pressing need for an authoritative and widely accepted instrument, such as the McGill Manual, which will go a long way to identifying and clarifying the legality of a wide spectrum of military space activities and applications in a domain where the common interests and concerns of all States invariably intersect.

Meeting of MILAMOS Group of Experts in Montreal

18 May 2018

The first meeting of the Editorial Committee of the MILAMOS Project took place in Montreal, Canada, on 18 May 2018. This first major meeting of the Project since the launch of Phase II of the Project in February 2018 was attended by close to a dozen Experts and Contributors involved in the MILAMOS Project hailing from Belgium, Canada, China, the Russian Federation, and the United States.

The Editorial Committee of the Project makes major editorial decisions on the black-letter rules and associated commentary of the McGill Manual on International Law Applicable to Military Uses of Outer Space, and it has the responsibility for putting together the final text of the Manual. Among the many issues discussed were how to fine-tune the rule-drafting process, as well as concrete plans to hold rule-drafting and consensus-forming workshops in Beijing, China, and Moscow, Russia.

With the involvement of Experts from and institutional support of key institutions around the world, the members of the MILAMOS Editorial Committee are assured about the steady progress being made in the drafting of rules applicable to military activities in times of peace. Since the beginning of Phase II, the Beijing Institute of Technology, the Cologne Institute of Air and Space Law, and St. Petersburg State University have joined the MILAMOS Project, thereby adding much valued global perspectives, weight and credibility to the overall manual-drafting process and resultant manual.

This first meeting of the Editorial Committee was organised on the sidelines of the annual Space Security Index Working Group meeting. Many MILAMOS Experts and Contributors are active participants in the drafting of the Space Security Index, the widely recognised and circulated annual report on the state of security in the outer space domain.

The next major milestone in the MILAMOS Project will be Workshop IV, which will be held in Montreal on 10-14 July 2018. It is expected that 30 MILAMOS Experts and Contributors will attend this rule-drafting and consensus-forming workshop. Between now and Workshop IV, a total of 18 draft rules will be vigorously worked on and discussed by the MILAMOS Group of Experts in preparation for finalisation and adoption in Montreal.

MILAMOS Project presented at ASTRO18

16 May 2018

MILAMOS Lead Technical Expert, Mr. Gilles Doucet, presented on the MILAMOS Project at the 18th Astronautics Conference (ASTRO18) in Quebec City, Canada.

The annual conference organised by the Canadian Aeronautics and Space Institute (CASI) is the major platform to facilitate exchange and dialogue between a wide array of international technical experts, industry specialists, academics, and government officials and policymakers in Canada. The three day event saw over 100 technical sessions and panel discussions cover a wide array of topics ranging from the technical aspects of space resource extraction to legal and policy considerations in strengthening the sustainability and security of outer space. 

Mr. Doucet’s well-received presentation, titled “Are there rules for Conflict in Outer Space?”, informed participants at ASTRO18 about the structure, process, participants and expected outcomes of the MILAMOS Project. Underlining the growing reliance of modern societies, economies, and militaries, on space assets and applications, Mr. Doucet argued that such reliance has incentivised the development of anti-satellite capabilities and may heighten the prospect of the outbreak of armed conflict in space. This prospect is undesirable, and will have severe consequences for all space actors and stakeholders. There is thus great urgency in identifying and clarifying rules applicable to military space activities conducted in peacetime, in times of rising tensions, and in outright conflict. The McGill Manual on International Law Applicable to Military Uses of Outer Space, initiated by McGill University, draws its strength from the input of experts and institutions around the world, including the Institute of Air and Space Law of the University of Cologne, the Institute of Space Law at the Beijing Institute of Technology, and St. Petersburg State University. This international and independent research Project is also supported by major stakeholders like the Government of Canada, , the French Joint Space Command, the Federal Ministry of Defense of Germany,  the US Air Force , the Eric J C Arsenault Foundation, and the Secure World Foundation.

As a former scientist with the Canadian Department of National Defence and Defence Research and Development Canada, Mr. Doucet has extensive knowledge and understanding of space capabilities relevant to military applications and operations. He is currently an independent space security consultant. As the Lead Technical Expert in the MILAMOS Project, Mr. Doucet leads a select team of seasoned scientists and technical experts who provide valuable technical data and background information to ensure that the legal deliberations and rule-drafting process among Core Experts are properly contextualised (“spacified”) in the space environment.

Beijing Institute of Technology joins the MILAMOS Project

27 March 2018

The Beijing Institute of Technology (BIT) is very proud to be joining other key stakeholders in the project to draft the McGill Manual on International Law Applicable to Military Uses of Outer Space (MILAMOS). BIT is highly prestigious academic institution in the People’s Republic of China, and its Institute of Space Law is recognised as a centre of excellence in the field within academic and government circles. BIT is also the host institution for the Space Law Center of the China National Space Administration (CNSA), the official resource centre providing legal advice to the Chinese space agency. BIT will be joining Founding Institution McGill University, Partner Organisation the University of Cologne, and a host of global collaborators and stakeholders in Phase II of the three-year project to clarify rules governing the scope of military uses of outer space.

As a Partner, BIT will add great value to the MILAMOS Project by providing Chinese and non-Western perspectives on matters of global interest. The partnership with BIT will provide the Project with valuable institutional support, allow the Project to directly draw from the intellectual expertise in China, as well as provide the Project with a direct conduit to interact and engage with relevant stakeholders and government officials in China.

The BIT Institute of Space Law has a worldwide reputation for cultivating research and expertise on legal and policy issues surrounding military and civilian activities in outer space. The Beijing-based Institute played a central role in drafting the regulation and policy report for the Small Multi-Mission Satellite (SMMS) programme of the Asia-Pacific Space Cooperation Organization (APSCO), and is the lead institution behind the translation of the first volume (on the Outer Space Treaty) of the highly influential Cologne Commentary on Space Law into Chinese. The Cologne Commentary is the unrivalled commentary on the key instruments of international space law, and was spearheaded by the University of Cologne, which as noted above is a partner institution in the MILAMOS Project.

BIT’s involvement in the MILAMOS Project will strengthen dialogue and exchanges between scholars and institutions based in Asia, Europe and North America. Inclusion of BIT in the MILAMOS Project will reinforce strong existing institutional and interpersonal ties between BIT and McGill’s Institute of Air and Space Law (IASL). There have already been extensive academic and personal exchanges between Professor Shouping Li and IASL Professor Ram Jakhu, the Director of the MILAMOS Project. Professor Li is the Dean of the BIT School of Law, the Director of CNSA Space Law Center and Director the BIT Institute of Space Law. Together with his colleagues at BIT, Professor Li will be providing valuable intellectual input to the manual-drafting process of the MILAMOS Project.

The addition of Beijing-based BIT is the result of continuous efforts to involve global partners in a crucial phase of the MILAMOS Project. The active involvement and input of Chinese experts and institutions will ensure that the McGill Manual will adequately capture the wide spectrum of interests and concerns relating to the legality of military uses of outer space.

MILAMOS Presentation at ICRC Event in Moscow

16 March 2018

Experts at the discussion panel, including Mr. Laurent Gisel (ICRC) and Ms. Elina Morozova (INTERSPUNIK), both of whom are involved in the MILAMOS Project.

On 16 March 2018, the Project to draft the McGill Manual on International Law Applicable to Military Uses of Outer Space (MILAMOS) became a focus of discussions at the “Roundtable on Application of Humanitarian Law to Outer Space: Existing Approaches and Challenges”. The Roundtable was organised by the Moscow Humanitarium, the regional centre of the International Committee of the Red Cross (ICRC) established as a forum for discussions and research on humanitarian law issues.

Ms. Elina Morozova, Head of International Legal Service at the International Organization of Space Communications INTERSPUTNIK, and Mr. Laurent Gisel, Legal Adviser at the ICRC Headquarters in Geneva, were both invited speakers at the Roundtable chaired by Professor Bakhtiyar Tuzmukhamedov, the Vice-President of the Russian Association of International Law. All three experts are actively involved in the MILAMOS Project in various capacities.

The Roundtable addressed several crucial issues that are at the heart of the MILAMOS Project, including the interrelation between international space law and international humanitarian law (IHL), and the regulation of the placement of convention weapons and weapons of mass destruction in outer space. In attendance were representatives from the diplomatic community, the ICRC, research institutes and non-governmental organisations, the media, and government officials, particularly from the Russian Federation and other countries in the Commonwealth of Independent States. The event was also broadcast live online.

Attendees at the Roundtable on Application of Humanitarian Law to Outer Space: Existing Approaches and Challenges.

Ms. Morozova’s presentation on the MILAMOS Project attracted great interest among participants, and discussions on the applicability of IHL in outer space generated much debate and divided opinions. On the one hand, some maintain that as outer space is to be used for peaceful purposes, and therefore should not become a domain of conflict, the applicability of IHL in outer space is a moot issue. Others were in favour of initiatives that lay down the rules governing military activities so as to ensure more clarity and constraint in the event of a conflict in space—even though such a scenario is highly undesirable, but far from impossible.

The deliberations and great interest in the questions discussed at the ICRC-sponsored Roundtable in Moscow again underline

Panel Chair Professor Bakhtiyar Tuzmukhamedov speaking to participants at the ICRC Roundtable.
the importance of continuing international exchange on issues relating to military activities in outer space. Evidence of varied perspectives among military and non-military circles demonstrates that issues affecting the security and sustainability of outer space require further articulation and clarification. With the clear objective of bringing together academics, government officials, members of the armed forces, and other stakeholders in the space domain to clarify the lex lata on the legality of military uses of outer space, the MILAMOS Project will go a long way to foster interest, exchange and consensus on matters that will have major implications on international peace and security, and on the future of humankind. The involvement and support of experts, contributors and institutions across the world, including Russia, will ensure that the resultant McGill Manual will truly reflect the opinions and consensus of stakeholders and States in the space domain.

A copy of Ms. Morozova's presentation is available for download (in Russian and English).

The University of Cologne joins the MILAMOS Project

11 March 2018

The Institute of Air and Space Law of the University of Cologne is proud to join   the McGill Manual on International Law Applicable to Military Uses of Outer Space (MILAMOS) Project. The Cologne Institute is cooperating with Founding Institution McGill University and a host of global collaborators and stakeholders in Phase II of the three-year project to clarify rules governing the scope of military uses of outer space.

The Cologne Institute has a worldwide reputation as a centre of research and excellence in the domain space law. The Cologne Institute recently celebrated its 90th anniversary, a testament to the long history and strong tradition dedicated to the study of legal issues surrounding activities in outer space. In bringing together practitioners, academics and officials to develop an international manual applicable to military uses of  outer space, the MILAMOS Project aligns with Cologne’s research focus on various aspects of military and civilian space activities, which first started with Project 2001 and Project 2001 Plus.

Director of the Cologne Institute, Professor Dr. Stephan Hobe, will personally be involved in and contribute to the manual-drafting process of the MILAMOS Project. In light of the long-standing history of cooperation between the Cologne Institute and McGill’s own Institute of Air and Space Law, and the various collaborative efforts between Professor Hobe and Professor Jakhu, the Project Director of the MILAMOS Project, Cologne feels this is an opportune moment to be part of a Project that will achieve outcomes of great immediate and long-term value. Both Cologne and McGill are committed to research and scholarship in the field of international space law, and have over the past decades fostered mutually reinforcing links in this endeavour. They have conducted jointly organised conferences and outreach events, and Professor Hobe has worked on several research and publication ventures with Professor Jakhu, including the production of the seminal and highly influential three-volume Cologne Commentary on Space Law.

The Cologne’s involvement in the MILAMOS Project will bring in German and other European perspectives to the Project, and will certainly help realising the desired goal of a truly transnational research project. Cologne’s role in the MILAMOS will make significant intellectual contributions to the Project and facilitate interactions with key stakeholders in Germany and at the European Union.

At the beginning of Phase II of the MILAMOS Project, which will see intensified engagement with new global collaborators, the inclusion of the University of Cologne echoes continuous efforts to ensure the resultant manual is truly the result of input from global participants and stakeholders, and is reflective of the wide spectrum of interests and concerns relating to the military uses of outer space.

Details of Phase II of the MILAMOS Project unveiled

22 February 2018

With the scheduled completion of the MILAMOS Project in 2019 on the horizon, McGill University and cooperating institutions are pleased to publicise detailed plans for the remaining period of the three-year long endeavour.

As previously announced, Phase II of the project to draft McGill Manual on International Law Applicable to Military Uses of Outer Space will see a consolidation of the intense rule-drafting efforts undertaken by the MILAMOS Group of Experts since the launch of the Project in May 2016. In line with the overall objective to ensure the Project is representative and reflective of various interests and perspectives from around the world, concerted efforts are being made to actively seek the contribution and input of new global collaborators, participants and stakeholders. The Cologne Institute of Air and Space Law is the first of a host of institutions that will be joining the MILAMOS Project in the coming period.

Drafting a manual that will be of practical use to governments and non-state actors operating in or with an interest in activities in outer space is a vigorous process. Efforts are well under way to engage other institutions and stakeholders from particularly China, Russia, and other non-Western States. There are ongoing discussions with potential collaborators on how best to integrate the intellectual capacities and valuable contributions these international stakeholders bring to the Project which already enjoys the support of various governments and stakeholder institutions, such as the Institute for Defence Studies and Analyses, the Union of Concerned Scientists, and the Secure World Foundation.

Building on the tremendous progress made in drafting rules, and success in capturing international attention and support since 2016, we are proud to detail the following concrete guide and plan of action of the MILAMOS Project:

  • The Project will maintain its aim to develop a widely-accepted manual that clarifies the fundamental rules applicable to military uses of outer space by both States and non-State actors in times of peace, in periods of rising tensions, and in times of armed conflict. From the outset, the Manual was never intended to be drafted solely for the benefit of military operators “in the field”. The McGill Manual was conceived as a comprehensive expression of the lex lata (the law as it is) for use by a wide spectrum of space operators and stakeholders with an interest in the security and sustainability of space activities, rather than solely as a field manual for military operations.
     
  • The McGill Manual will be relevant to States, militaries, private space actors, civil society, academics and other relevant stakeholders with an interest in the orderly conduct of space activities, and this original conception will be sustained in Phase II of the MILAMOS Project.
     
  • Phase II of the MILAMOS Project will see a streamlining of the work process, and intensified engagement with new global partners succeeding the University of Adelaide and the University of Exeter, which have recently elected to conclude their participation in the Project. These new McGill-led efforts, buoyed with the support of a representative array of global partners, will ensure the Project steadily progresses toward completion and maintains the original objectives and scope of the Project. We will be operating on the basis of strict budgetary control, particularly by reducing the sizes of working groups and by stepping up our use of electronic communications.   
     
  • A truly global partnership of stakeholders and representation of perspectives will be crucial to the ultimate success and acceptance of such an ambitious international endeavour. New partners, including institutions and expertise from Russia, China and other non-Western States, are actively being engaged to ensure that the McGill Manual accurately captures the nuances and perspectives of different States and stakeholders, and is reflective of the wide spectrum of interests and concerns relating to the military uses of outer space. Only by embracing partners around the globe will the manual-drafting and consensus-forming process and the resultant Manual achieve the intended objective of being an accepted, authoritative and instrumental document in shaping the security and sustainability of activities in outer space. Upon the departure of Adelaide and Exeter, one university has already joined as our partner while the application of the other is being processed by SSHRC. Several other institutions have shown strong interest in collaborating with McGill in the drafting of the Manual.
     
  • McGill remains fully committed to and supportive of the Project. The MILAMOS Project possesses good financial resources and has received some commitments of support from various individuals and institutions for the Project to consolidate and make further progress under Phase II. Further, the Secretariat of the MILAMOS Project is housed at McGill, and throughout the first phase of the Project it has been instrumental and effective in providing the necessary administrative and logistical support to the overall management of the Project and the Group of Experts.
     
  • The scheduled completion date of 2019 for the Project will be met through close cooperation between our current and new sponsors, partners, collaborators, Experts and participants.

With our shared concerns and visions for the security and sustainability of outer space, McGill and collaborating  institutions, individuals and stakeholders involved in the MILAMOS Project will realise the original vision of the MILAMOS Project to provide an independent, neutral, inclusive, interdisciplinary, and representative clarification of fundamental rules applicable to military uses of outer space.

 

MILAMOS Project enters Phase II and embraces more global partners

We are pleased to announce that the project to draft the McGill Manual on International Law Applicable to Military Uses of Outer Space (MILAMOS) has matured and is entering a new phase of expansion. After over 18 months of intense drafting and four consensus-forming and government engagement workshops in various parts of the world, Phase II of the MILAMOS Project will see a streamlining of the work process, and intensified engagement with new global partners succeeding the University of Adelaide and the University of Exeter, which have recently elected to conclude their participation in the Project. These new McGill-led efforts will ensure the Project steadily progresses toward maintaining the original objectives and scope of the Project as well as its the scheduled completion date of 2019.

With support from several international partners and stakeholders, the MILMAOS Project was originally conceived and publicly inaugurated at McGill University in May 2016. The Project aims to develop a widely-accepted manual that clarifies the fundamental rules applicable to military uses of outer space by both States and non-State actors in times of peace, in periods of rising tensions, and in times of armed conflict. From the outset, the Manual was never intended to be drafted solely for the benefit of military operators “in the field”. The McGill Manual was conceived as a comprehensive expression of the lex lata (the law as it is) for use by a wide spectrum of space operators and stakeholders with an interest in the security and sustainability of space activities, rather than solely as a field manual for military operations. The value of the Manual will be its relevance and salience to States, militaries, private space actors, civil society, academics and other relevant stakeholders with an interest in the orderly conduct of space activities, and that original conception will be sustained in Phase II of the MILAMOS Project.

The Project has already gathered the support and endorsement of various stakeholders and governments around the world, and has gained widespread attention in the international media. To date, McGill University has played a leading role in garnering the necessary financial and human resources to initiate and sustain the MILAMOS Project. An International Group of Experts, comprised of individuals with recognised expertise who are representative of the international community at large, is already actively involved in the drafting of the McGill Manual, and rule-drafting workshops and State engagement events have been held in Canada, Australia, India, and the United States of America. Having provided funding of over $400,000 in the MILAMOS Project to date, McGill remains fully committed to the original vision and mission of the McGill Manual to be a neutral, inclusive, innovative, interdisciplinary, and representative clarification of the applicable law that enjoys the endorsement of States from around the world. The Government of Canada, the Social Sciences and Humanities Research Council of Canada (SSHRC), ROOM, The Space Journal, and the Erin JC Arsenault Fund at McGill University have been instrumental in providing most of the resources for the MILAMOS Project.

A truly global partnership of stakeholders and representation of perspective will be crucial to the ultimate success and acceptance of such an ambitious international endeavour. New partners, including institutions and expertise from Russia, China and other non-Western States, are actively being engaged to ensure the McGill Manual accurately captures the nuances and perspectives of different States and stakeholders, and is reflective of the wide spectrum of interests and concerns relating to the military uses of outer space. Only by embracing partners around the globe will the manual-drafting and consensus-forming process and the resultant Manual achieve the intended objective of being an accepted, authoritative and instrumental document in shaping the security and sustainability of activities in outer space.

More information on the progress and developments surrounding Phase II of the MILAMOS Project will follow shortly.

MILAMOS Workshop III held in Colorado Springs, United States of America

The third rule-drafting and consensus-forming workshop of the Project to draft the McGill Manual on International Law Applicable to Military Uses of Outer Space (MILAMOS) was held on 9-13 October 2017 at Colorado Springs in the United States of America.

Attended by over 40 experts and researchers involved in the Project, MILAMOS Workshop III was held at the United States Air Force (USAF) Academy. The plenary deliberations and closed research group meetings took place in the impressive Polaris Hall, a modern tower pointing directly towards Polaris, the North Star, symbolising the unwavering commitment of the USAF to good leadership and integrity. Polaris Hall was the result of public-private partnership and support coming from all sectors of society, and built to function as a forum bringing together instructors, cadets, military leaders, and public and private officials. The symbolic overtures of the impressive setting of Workshop III echoes the vision and values of MILAMOS—which are to bring together and promote interaction and dialogue between legal and technical experts, academics, military officers, government officials, and other stakeholders in the private and public sector who commonly believe in the importance of a manual that clarfies the law applicable to the whole spectrum of military activities in outer space.

Among the rules and issues discussed at MILAMOS Workshop III was what constitutes “military space activity”. The precise definition is crucial in delimiting the scope of the McGill Manual, and will no doubt form the foundation of many rules in a manual that covers the full spectrum of permissible military activities and operations in peacetime, in times of rising tension, and during armed conflict. Other rules presented at plenary for discussion and adoption by the International Group of Experts include rules and associated commentary on:

  • the application of international law to outer space,
  • the meaning and scope of “national space activities” under Article VI of the Outer Space Treaty,
  • the principle of non-intervention, and
  • what constitutes an international armed conflict in the context of outer space.

While the USAF Academy hosted Workshop III, in the interest of maintaining the integrity and neutrality of the manual-drafting process the USAF and US Government neither provided input on the contents of the rules nor influenced the discussions that took place. The Academy’s decision to host was based only on its recognition, in common with many stakeholders and institutions around the world, of the great importance and value of the work undertaken by the MILAMOS Group of Experts.

MILAMOS Workshop III was held at the Polaris Hall in Colorado Springs, United States of America
Observers from the USAF Academy and officers from the USAF were present at some plenary sessions to gain insight into the manual-drafting and consensus-forming process. Several Academy cadets were also present as Rapporteurs, which gave them a first-hand opportunity to watch experts and practitioners discussing and forming a consensus on pertinent and cross-connected issues of international space law, the law governing the use of force, and international humanitarian law.

Ms. Cynda Arsenault, the President of the Secure World Foundation, a Supporting Institution of the MILAMOS Project, attended the Workshop as an Observer. A substantial proportion of the seed money to launch the Project (in the order of $300,000) originated from the Erin JC Arsenault Fund at McGill University. The Fund was established to promote research in strengthening the rule of law and global space governance and space security. In addition, a high-level Observer from the People’s Republic of China attended some of the proceedings, and was present to meet members of the Project Management Board and to discuss opportunities for greater involvement of Chinese participants and institutions. Since the launch of MILAMOS in 2016, the engagement of States and stakeholders from leading spacefaring nations and emerging space powers has always been a primary objective of the Project leadership.

Welcoming participants to the USAF Academy, Colonel Linell Ami Lentendre, Head of the Department of Law, and Vice Superintendent Col. David A. Harris Jr., each underlined the Academy’s pleasure and honour in hosting a gathering of experts who represent not only several legal disciplines but are also representative of diverse perspectives across the globe. Keynote speaker General John W. “Jay” Raymond delivered an inspiring address to the MILAMOS Group of Experts. The four-star general is the Commander of the US Air Force Space Command, located at nearby Peterson Air Force Base, and graciously broke from his busy schedule to commend the MILAMOS Group of Experts for their collective efforts. Describing the Group most positively as “enlightened space professionals”, General Raymond noted that preserving the space domain for the common good requires States and people around the world to partner together. It is not in the interest of any State to use military force in space, but space has the potential to become a domain for warfare, just like any terrestrial domain. In the General’s view, a manual like MILAMOS is essential to preserving peace and security in a domain vulnerable to a whole variety of challenges. Earlier this year, General Raymond was present at a space conference in Israel and his talk on emerging threats for space assets immediately preceded a presentation on the MILAMOS Project.

In sum, MILAMOS Workshop III benchmarks the tremendous progress that has been made to date. While challenges in drafting a manual that is relevant for practitioners in the field and that is also accessible for a broader audience were identified, the MILAMOS Group of Experts is hopeful that the McGill Manual is on a solid track to completion. The next workshop will be held in Montreal, Canada, and will again be hosted by McGill University, one of the Founding Institutions of the MILAMOS Project.

 

MILAMOS Workshop I held in Adelaide, Australia


More than 50 legal experts, technical experts, researchers and others came together in Adelaide over the period 20 – 22 February 2017 for the first MILAMOS Workshop. Following the preliminary coordination Workshop in October 2016 in Montreal, this was the first of a set of nine Workshops to reach consensus on draft Rules and Commentaries for the prospective Manual on International Law Applicable to Military Uses of Outer Space.

The MILAMOS members who were gathered together in Adelaide tackled several of the most foundational Rules (and their associated Commentary), as well as complex issues at the intersection of International Space Law, International Humanitarian Law and International Law on the Use of Force. In particular, the participants considered Rules on the following topics:

· Application of international law to outer space, especially in the context of military uses of outer space

· The prohibition on the threat or use of force in International Law on the Use of Force as it applies to outer space

· The principle of non-intervention in International Law on the Use of Force as it applies to outer space

· Application of International Humanitarian Law to outer space

· The principle of distinction in International Humanitarian Law, as it applies to outer space

· Delimitation of outer space and airspace

· The meaning of ‘International Armed Conflict’ as it applies to outer space and how, as a matter of law, an armed conflict may be regarded as internationalised in the context of outer space

· Legal rules about perfidy and ruses in the context of armed conflict in outer space

· The principle of non-appropriation in International Space law, especially in the context of military uses of outer space

· A definition of ‘Military Space Activities’ to explain the scope of military uses of outer space that will be encompassed by the manual

While individual legal experts created each draft Rule and its associated Commentary, the discussion, in plenary sessions, of the draft Rules and Commentaries was on the basis of non-attribution. Furthermore, the Rules and Commentaries (expected to number between 150 and 250 on completion) will not be finalised until all Rules and Commentaries have been drafted and considered in plenary sessions and not until the process of State engagement has been completed. Nevertheless, the Management Board plans to publish, on this website and within a month, some limited further detail on the complex issues considered under each of the topics above.

The Management Board and editorial staff also considered, in detail, the most appropriate process for State engagement, with the intent of giving States a formal opportunity to contribute to the MILAMOS Project, even before a final draft of all Rules and Commentaries is collated. The Management Board intends to work with States to conduct events for the purpose of State engagement once there is a final draft (expected to occur in late 2019). It is important to note that the prospective Manual is not intended to be progressive in its articulation of Rules, but rather it is intended that it will be an authoritative statement of the application of existing law to military uses of outer space. To that end, participants in the MILAMOS Project contribute in a personal capacity, independent of any official positions or preferences of States or other organisations on what the law is or should be. Nevertheless, the Management Board believes there is significant value in engaging with States throughout the Project and welcomes initiatives by States to host and contribute to Workshops and engagement events, including financial contributions and sending representatives to engagement events.

The MILAMOS Project remains on track to publish the Manual in 2020. This Workshop was very successful and set a solid foundation for the following Workshops. The next MILAMOS Workshop is expected to be 20 – 23 June 2017 in India.

The Union of Concerned Scientists endorses the MILAMOS Project

6 November 2016

The Union of Concerned Scientists (UCS) is pleased to support the project to draft the Manual on International Law Applicable to Military Uses of Outer Space (MILAMOS). Spearheaded by McGill University and The University of Adelaide, the MILAMOS Project’s vision of ensuring, for the sake of sustainability and benefit of humanity, that space activities be conducted in accordance with the rule of law is firmly in line with UCS’ mission of fostering innovative solutions for a healthy, safe, and sustainable future. UCS sees a vital interest in ensuring the sustainability of the space environment, keeping satellites safe and secure, and enhancing stability not only in space but also on the ground.

Space has become an essential part of the modern world, with satellite services playing increasingly central roles in civil, scientific, commercial, and military affairs. Recent trends and events indicate that, due to the strategic value of outer space, space activities may be a source of mistrust and tension, potentially sparking or exacerbating a crisis. However, efforts over many years to engage in international negotiations on formal agreements to stem the weaponisation of outer space or to agree to voluntary “rules of the road” to safeguard space sustainability and security have stalled. For these reasons, an authoritative statement and clarification of the limitations that existing international law places on the military and hostile use of outer space is an innovative and welcome initiative.

The MILAMOS Project and resultant McGill Manual, scheduled to be completed in three years, will provide much-needed clarity about the binding rules governing the use of force and scope of permissible military activity in space. Importantly, UCS notes the MILAMOS Project does not condone warfare in outer space. Instead, the MILAMOS Project serves to prevent armed conflict and minimise the devastating impact that armed conflict in space could have on space and on earth. UCS has worked on space security issues for decades, combining rigorous technical analysis with effective advocacy. Most recently, UCS developed specific measures to improve security and sustainability in outer space.

 We are honoured that UCS’ own Dr. Laura Grego, Senior Scientist in the Global Security Program, will be assuming a key role in the MILAMOS Project as the Coordinator of the Group of Technical Experts. In this capacity, Dr. Grego, along with other seasoned and recognised technical experts and scientists, will ensure the McGill Manual and identified rules of international law are properly contextualised. This is particularly important in the domain of outer space, which is governed by physical laws and technical facts not widely understood or appreciated outside of specialist circles, and is currently the locus of rapid technological innovation. Dr. Grego has previously testified before the US Congress and addressed the United Nations Conference on Disarmament on matters of space security.

The UCS is proud to endorse the MILAMOS Project as a Collaborating Institution and will continue to support the Project in various ways to ensure its timely completion and success.

 

About the Union of Concerned Scientists

For nearly half a century, the Union of Concerned Scientists has combined the knowledge and influence of the scientific community with the passion of concerned citizens to build a healthy planet and a safer world.

The Union of Concerned Scientists puts rigorous, independent science to work to solve our planet’s most pressing problems. Joining with citizens across the country, we combine technical analysis and effective advocacy to create innovative, practical solutions for a healthy, safe, and sustainable future.

Inaugural Plenary of the MILAMOS Project held in Montreal     

5 October 2016

The historic Inaugural Plenary of the MILAMOS Project was held on 2-5 October 2016 in Montreal, Canada. The event marked the first meeting between the 40+ Experts and various Observers participating in the Project, and paved the way for the drafting of the proposed Manual on International Law Applicable to Military Activities in Outer Space.

Group photograph of participants at the Inaugural Plenary of the MILAMOS Project.
 Since the beginning of the year, the Management Board has worked tirelessly to recruit experts in the domains of general international law, international space law, international humanitarian law, the law on the use of force, as well as experts specialising in technical aspects of space operations and applications. Emphasis has always been on finding experts with recognised experience and credentials who are representative of the international community as well as on achieving an optimal gender balance. Indeed, an impressive total of 45 participants hailing from 17 countries are involved in the Project, of whom close to 30% are female. This broad representation of nationalities, diversity and genders is something that has never before been seen in a manual-drafting process, and a testament to the MILAMOS Project’s vision to be inclusionary and truly international.

The Inaugural Plenary was convened with the aim of allowing the group of Experts to familiarise themselves with one another as well as with the processes and procedures of the MILAMOS Project. The Welcome Dinner on 2 October featured Dr. David Kendall, the current Chair of the United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS), as the special Guest Speaker. Dr. Kendall underlined the MILAMOS Project’s work will be important to complement the UN’s work in cementing the sustainable and peaceful uses of outer space.

Dean Robert Leckey of McGill’s Faculty of Law and (incoming) University of Adelaide Law School Dean Melissa de Zwart welcomed the participants in the MILAMOS Project with some inspiring remarks on the first day of the Plenary. The unique partnership between the two institutions was instrumental in bringing together a balanced and international group composed of acclaimed academics, seasoned military officers and technical experts. This delicate balance, together with the intuitional recognition and support of a growing number of influential stakeholders, such as the International Committee of the Red Cross, will carry the Project forward in the coming three years.

The remaining days were filled with presentations by members of the Management Board to elaborate on the issues pertaining to, e.g., the collaborative drafting process and challenges of determining customary law in respect of space activities. Several members of the Group of Technical Experts gave MILAMOS participants crash-courses on the nature of the space domain and the methods and means of interference with space operations. Such informational sessions were much appreciated and will prove instrumental in informing discussions and the drafting of rules in the coming years to ensure that the resultant manual is properly contextualised in the space domain. Various opportunities were provided for the three Research Groups to meet and begin scoping issues and rules to be drafted in the coming years. The Plenary concluded with a visit to the Canadian Space Agency, which was an apt way to wrap up the first meeting of experts and let them return home even more inspired by live images of a sunrise streaming directly from the International Space Station.

An informative and interactive session at the Inaugural Plenary.
In addition to the Experts who are involved in the MILAMOS Project, several State Observers were also present to observe the process and gain first-hand insight into discussions and deliberations at the Plenary. The presence of such Observers was welcomed as a means to facilitate the State engagement process later on, particularly as the Manual aims gain international recognition and acceptance. 

As the MILAMOS Project progresses, the next three years will no doubt encounter challenges and disagreements that need to be resolved. The group of Experts, under the direction of the Management Board and Group Editors, will have the tremendous task of identifying and clarifying rules that will apply to military activities in space, a domain that hitherto has not seen outright conflict but may, due to mishaps, miscalculations and minunderstandings, become a theatre of warfare. The progress and results of the MILAMOS Project, with its group of Experts who are reflective of a variety of perspectives and gender balance, will be a great endeavour to be followed closely in the three years to come.

The Conversation publicises the MILAMOS Project

20 September 2016
The Conversation published an opinion piece about the MILAMOS Project. Titled "We need clear rules to avoid a real Star Wars in outer space", the article is penned by Professors Steven Freeland, Dale Stephens and Ram Jakhu, who are member of the Management Board of the  MILAMOS Project.

The article underlines the message that the MILAMOS Project is not an effort to condone warfare in outer space. Instead, the collective effort of an impressive gathering of lawyers, scientists, technicians and officials, all working in their personal capacity, seeks to formulate rules that will ensure outer space activities are conducted in accordance with the rule of law. While the law of armed conflict provides a framework of restraining military operations in the terrestrial context, there is hardly any reference to the conduct of military operations in outer space. With geopolitical tensions that may very well be played out in the space domain, a neutral statement and clarification of the limitations international law places on the military use of outer space is, now more than ever, an urgent priority.

The Conversation is an independent news media which publishes quality current affairs articles written by academics and experts. Without any editorial bias or political affiliations, the vision of The Conversation is to publicise important developments in the world and present the general public with trending ideas and insight into issues and challenges facing humanity.

The publication of the article about the MILAMOS Project and the upcoming Plenary is a clear demonstration that the Project, and the efforts of the Experts and Contributors involved, is of global importance and gaining greater international recognition and publicity.

MILAMOS Project presented at the UN

5 September 2016

At the 10th United Nations Workshop on Space Law, held by the United Nations Office for Outer Space Affairs (UNOOSA) in Vienna, the MILAMOS Project was presented as an essential step in acknowledging and clarifying the application of law to military use of outer space. Before dozens of subject-matter experts, policy-makers at the international and national level, as well as representatives from diplomatic missions of various States, the MILAMOS Project was presented on a panel discussing the progressive development of international law to secure global space governance and enhance space security. This marks the first time that the details of MILAMOS Project was presented at such an international level and received so much international attention.

The Workshop, titled “Contribution of Space Law and Policy to Space Governance and Space Security in the 21st Century”, examined a number of cross-cutting and topical issues that will form the focus of the UNISPACE+50 Conference in 2018. With the proliferation of space actors, and certain developments that undermine the peaceful uses of outer space, UNOOSA and the upcoming UNISPACE+50 are geared to ensuring space activities take place governed by international space law as well as by a commitment to safeguarding space security and sustainability.

As the first of only a handful of “legal and institutional initiatives” to be presented at the Workshop, presentation of MILAMOS Project underlined how subject-matter experts (“most highly qualified publicists”) have historically played an instrumental role in identifying and clarifying sources of State obligations and rights. The manual-drafting process, the success of which rests on the involvement of an interdisciplinary, international and independent group of experts, builds on the premise that through consensus, experts are able to agree on the existing rules that are applicable to military use of outer space, in circumstances where States are unable or unlikely to agree on the application of existing law or on new international instruments. The unsuccessful attempts at various multilateral fora to reach a binding agreement on contentious issues of space security and strategic uses of outer space, all point to the necessity of finding an alternative pathway to break the geopolitical deadlock. The MILAMOS Project, and the resultant McGill Manual, was presented as an innovative way forward in the recognition of the need to strengthen the rule of law in the outer space context as well as the overall governance of space activities.

The presentation also recognised the leading roles the Founding Institutions, McGill University’s Centre for Research in Air and Space Law and the University of Adelaide’s Research Unit on Military Law and Ethics, play in initiating and spearheading the Project. The successful recruitment of renowned Experts and Observers who have committed themselves to the Project over the past few months is complemented by the gathering of support from various institutions, stakeholders and supporters from around the world. With this presentation at such a high-level forum, it may be expected that the Project will continue to gather additional institutional support and funding to realise its objectives within the timeframe.

The presentation is available on the website of the UN Space Law Workshop.

MILAMOS Project a focus at the 4th Manfred Lachs Conference

28 May 2016

Speakers at a session of the 2016 Manfred Lachs Conference, which discussed the "Need for and Scope of a Manual on International Law Applicable to Military Uses of Outer Space (MILAMOS)". From left to right, Professor Ram Jakhu, Dr. Tare Brisibe, Professor Dale Stephens, Mr. Peter Hulsroj, Ms. Anja Pecujlic, and Dr. Cassandra Steer.

The Project to produce the McGill Manual on International Law Applicable to Military Uses of Outer Space was the focus of one of the panels at the 4th Manfred Lachs Conference on Conflicts in Space and the Rule of Law. The Conference addressed a varierty of issues related to rapidly developing military technologies and activities and the present challenges present to the security and sustainability of outer space.

Several experts who will be involved in the MILAMOS Project were part of Panel 8, titled "The Need for and Scope of a Manual on International Law Applicable to Military Uses of Outer Space". In particular, Professor Dale Stephens (University of Adelaide) spoke about the rise of international manuals and their role in shaping the development of international law. Peter Hulroj (ESPI) and Anja Pecujlic (ESPI)  jointly presented a paper titled "Space through the Lens of Neutrality", and highlighted how international humanitarian norms are applicable to the space domain. Dr. Cassandra Steer (McGill University) posed the question whether the development of a MILAMOS would amount to legitimizing warfare, and concluded that having clarity on the questions of law that the Manual will deal with could provide greater transparency and reduce escalation during tensions, minimizing the risk and impact of a potential conflict in space.

From the many discussions and questions from the audience, it was clear there is great interest in the Manual and support for such a groundbreaking initiative.

MILAMOS Project officially launched by McGill University

27 May 2016

Professor Ram Jakhu, Director of the Institute of Air and Space Law and also head of the MILAMOS Management Board, speaking at the official launch of the MILAMOS Project on 27 May 2016.

Coinciding with the 4th Manfred Lachs Conference on Conflicts in Space and the Rule of Law, the McGill Manual on International Law Applicable to Military Uses of Outer Space was officially announced by McGill University. In attendance to welcome and celebrate this momentous occasion were various representatives from McGill University and the partner institute, the University of Adelaide. The speakers included:

  • Prof. Ram Jakhu: Associate Professor, Institute of Air and Space Law, McGill University
  • Dr. Dale Stephens: Director, Research Unit on Military Law and Ethics, University of Adelaide
  • Prof. Paul Dempsey: Director, Institute of Air and Space Law, McGill University
  • Prof. Daniel Jutras: Dean of Faculty of Law, McGill University
  • Dr. Rosie Goldstein: Vice-Principal (Research and Innovations), McGill University

The launch event of the MILAMOS Project was followed by keynote speeches by Mr. Niklas Hedman, Chief of the Committee of the Policy and Legal Affairs Section of the United Nations Office for Outer Space Affairs and —Dr. David Kendall, Chair of the United Nations Committee on the Peaceful Uses of Outer Space (2016-2017), who both underlined the importance of ensuring sustainability, peace and security in outer space.

The official press statement regarding the MILAMOS Project is available in both English and French.

Expert Roundtable on Conflicts in Space and Military Activities in Outer Space

Montreal, Canada, 10-12 September 2015

Given the increase in the number of nations and non-State actors becoming active in space, and the increased reliance militaries have on space technologies, concerns have grown in recent years that there may be a risk of conflict taking place in space.

There is an urgent need to clarify the rules of international law applicable, especially the prohibition on the use of force and international humanitarian law. Given that no specific international legal instrument exists that effectively deals with this, McGill gathered scholars, government and space operations experts from seven different countries, including Europe, North America and the Asia-Pacific region, and members of the International Committee of the Red Cross.

There was a clear consensus on the urgent need to clarify the rules of international law applicable outer space activities — particularly the prohibition on the use of force. Such an international manual might be developed, under the leadership of the CRASL,  by scholars and international experts in their individual capacity, free from official State positions, in order to ensure international participation, neutrality and legal objectivity. State engagement would be a part of the process at a later stage; however, clarification on international law cannot be dependent upon the politics of any given moment.

Hosting this Expert Roundtable, and working towards an international manual on international law applicable to security activities in outer space, are in line with the McGill Centre's mandate to promote and cement security and sustainability in outer space, and ensure that activities all outer space activities occur in accordance with international law (including the UN Charter), in the interests of international peace and security and for the benefit of all countries.

We look forward to the unfolding of this important project which will have global impact – and beyond.

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