A corrida armamentista espacial no século XXI: perspectivas do direito da guerra

Abstract

Outer Space has been the central focus of the disputes over technological and military hegemony during the Cold War and has driven the creation of key technologies for the development of globalization. In consequence of the paradigmatic reorganization of the space segment, due to the participation of new actors and the emergence of new space powers, a new arms race in space began, aiming at the military and strategic strengthening of the States, by using space objects and means. Therefore, the present scientific work aims to analyze and study the new conflicting configuration of space in light of the existing and current rules that govern the Law of War in order to verify whether they are applicable to the new arms race, in order to ensure the harmonization of such relationships and prevent possible risks arising from the new processes of militarization and weaponization of the space environment. The first chapter of the work focused on understanding which variables would be present in the new context of the new arms race in space. In the second chapter the rules of International Law applicable to the military uses of space were examined, focusing on Space Law and international documents that relate to the arms race in space. The third chapter sought to analyze the international treaties that were edited as a way of guiding the means of war. Finally, the fourth and last chapter focused on verifying the applicability of the Law of War to the new arms race in space, in light of all the variables proposed throughout the work. In conclusion, it was possible to identify that the special features of Law of War makes it applicable in the space new context, despite of the growing need to seek new regulations to deal specifically with the topic.