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平特五不中 Manual Engagement Seminar with the French Space Command

Prof. Ram Jakhu and Mr. Kuan-Wei (David Chen) pose for a picture with delegates of the French Space Command
Published: 10 May 2023

On 21 April 2023, the Co-Editors of the 平特五不中 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鈥橢space) kindly welcomed the editors of the 平特五不中 Manual to the impressive facilities of L鈥橦exagone 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鈥檚 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 补迟迟补肠丑茅s. Over two hours, the 平特五不中 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 鈥渏urisdiction and control鈥 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 平特五不中 Manual.

These Rules of the 平特五不中 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 平特五不中 Manual, the Government of France has expressed great interest in the progress of the project to draft the 平特五不中 Manual. In turn, the project has greatly benefited from the involvement of Major J茅r茅mie 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 平特五不中 Manual. Underlining that outer space is governed by an established legal framework which guarantees the freedom of exploration and use for all, France鈥檚 aligns greatly with the vision of the 平特五不中 Manual. In line with the rationale of the 平特五不中 Manual to clarify the law, the French Space Defence Strategy provides that 鈥渢he free use of space is not absolute [since] it is curtailed by the requirement to respect 鈥榯he interests of all countries鈥 and by international law鈥. 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 鈥溾.

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 鈥淪tates and the different actors now face an increase and intensification of mixed strategies, harassment methods and shows of force. These current and recurring threats, 鈥re played out just short of the use of force鈥.

The engagement seminar with the French Space Command foreshadows the long-awaited publication of Volume II of the 平特五不中 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 辫谤茅辫补谤补迟辞颈谤别蝉 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 平特五不中 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 (FRS) Dr. Xavier Pasco, Director of Research of the (Centre national de la recherche scientifique) Dr. Isavelle Sourbes-Verger, and Ms. Florence Gaillard-Sborowsky (FRS). In concluding the seminar, Dr. Pasco praised the 平特五不中 Manual as an important 鈥渓iving entity鈥 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 平特五不中 Manual co-hosted a webinar with the (ASLI) titled the 鈥淕overnance of Military Space Activities: The 平特五不中 Manual鈥. In June 2023, the German Federal Academy for Security Policy will organise a conference to highlight the contents of the 平特五不中 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 [familiarising] 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.

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