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The IUP Journal of Law Review

Cyberwarfare, Space Hegemony and International Law

Article Details

Pub. Date	: July 2022
Product Name	: The IUP Journal of Law Review
Product Type	: Article
Product Code	: IJLR020722
Author Name	: Narem VNSS Usha Amulya and Animi Poornima
Availability	: YES
Subject/Domain	: Arts & Humanities
Download Format	: PDF Format
No. of Pages	: 15

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Abstract

Starlink, the satellite Internet constellation of Elon Musk's SpaceX, faced signal jamming recently near conflict areas of Ukraine, amid the ongoing invasion by Russia, drawing global attention to space law. It has been argued that necessary legislations have to address the contours of cyber defense in the area of space law. This includes testing the validity of the Budapest Convention on Cybercrime, 2001, against the Outer Space Treaty, 1967, if damages are caused to satellites from the geographical confines of earth through cyberwarfare. This paper seeks to address this issue with specific cases from the past. Further, it endeavors to understand the interface between space law and cyberlaw in the context of cyberwarfare. The paper highlights the gray areas in cyberwarfare dispute resolution and analyzes them where legislation is lacking or insufficient in its scope and applicability. The paper also touches on laws regarding exploration of outer space for mineral and other resources of economic importance.

Introduction

The recent controversy over the blocking of Internet signals of Starlink terminals in conflict areas of Ukraine amid Russia's continuing invasion calls for the adoption of necessary regulations.1 Starlink, a satellite Internet service run by Elon Musk's company SpaceX, was founded in 2002. Starlink's satellite network delivers broadband coverage for high-speed Internet access specifically for remote and rural areas.2 The company has begun expanding beyond this. In February, SpaceX CEO Musk responded to a request for aid from the Vice Prime Minister of Ukraine Mykhailo Fedorov by sending Starlink kits to that country. Starlink has allowed Ukrainians to continue using the Internet despite Russia's invasion.3 One of the current concerns is whether Musk should even follow the Outer Space Treaty, 1967.