Non-Legally Binding Political Commitments On Space Arms Control Norms
This report offers an expert legal assessment of political commitments on space arms control, with a focus on UN General Assembly (UNGA) resolutions and national declarations such as the moratorium on direct-ascent anti-satellite (ASAT) missile testing.
Through comparative legal analysis, Volynskaya explores whether these non-binding instruments might gradually transform into customary international law or treaty obligations. Drawing on jurisprudence from the International Court of Justice (ICJ), guidance from the International Law Commission (ILC), and case studies from other domains (nuclear testing, environmental law, disarmament), the study evaluates:
- The legal impact of UNGA Resolution 77/41 on ASAT testing
- The potential for national ASAT moratoria to evolve into international law
- The dynamics behind joint declarations on No First Placement (NFP) of weapons in space
- Historical precedents for non-binding commitments becoming legally enforceable
- The role of opinio juris and state practice in forming new norms
A detailed matrix (pp. 20–22) catalogs ASAT moratorium declarations by 35 countries and evaluates their legal intent. The report concludes that while UNGA resolutions are not binding per se, repeated national pledges—if made publicly, consistently, and in good faith—could lay the groundwork for a future legally binding arms control regime in outer space.
The report closes by recommending further exploration of how civil society and NGOs might accelerate norm formation and ensure inclusivity in space governance.
➡️ See table on pp. 20–22: comparative breakdown of 35 states’ anti-ASAT declarations.
This publciation includes references to Nuclear Tests cases, Paris Agreement process, and ILC Draft Conclusions.
