Ricerc@Sapienza

The weaponization of outer space and the prevention of conflicts in this environment are
subjects deeply discussed in the international community. On the one hand, the weaknesses
of the legal framework established by the five UN treaties can be covered enough by the
application of international law, including the UN Charter, to space activities as established
by art. III of the Outer Space Treaty. On the other hand, it has been highlighted that the
issues surrounding the weaponization of outer space present several features, such as the fact
that many space technologies have dual-use capacity, making it difficult for States to
distinguish between defensive and offensive preparations or conventional and space
weapons. However, it is in the interest of all countries to reach an agreement that prevents
the weaponization of outer space, due to the uncertainty in the legal framework and the
rapidly advancing technologies. Notwithstanding, a more traditional approach resulting in
hard law, States are more oriented towards the negotiation of non-binding instruments.
These tools should not be underestimated because they provide, in any case, guidelines or
standards of conduct that can influence the actions of the States and constitute an
indispensable function for the development of an adequate legal framework.