Autonomous Weapon System and International Space Law

  • Lavnya Pathak and Dr. Biswanath Gupta
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  • Lavnya Pathak

    LLM student at University of Cambridge, England.

  • Dr. Biswanath Gupta

    Associate Professor of Law at OP Jindal University, India.

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Abstract

This paper primarily concerns itself with an analysis of the present outer space laws for regulating the Autonomous Weapon System and the potential gaps that need to be covered with adequate legal instruments. The normative structure of outer space law to the use and deployment of the Autonomous Weapon System or AWS in outer space; next it shall highlight the inadequacies in the present legal regime. The paper essentially concludes that the regulation of AWS in outer space is possible through the existing general international law/UN Charter and international space law. The re-interpretation of Article 2.4/51 of the UN Charter coupled with an effective interpretation of International Humanitarian Law that can bring possible coherence to the international space law regime as it exists today. Such rational interpretation could certainly be a solution for better management of AWS in outer space. And can create efficacious legal regime for the future.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 5, Issue 5, Page 268 - 289

DOI: https://doij.org/10.10000/IJLMH.113551

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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Copyright © IJLMH 2021