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EU Statement - Statement on existing international legal and other normative frameworks concerning threats arising from State behaviours with respect to outer space

European External Action Service (EEAS)

24.07.2025
Geneva
Press and information team of the Delegation to the UN in Geneva

European Union

Statement on existing international legal and other normative frameworks concerning threats arising from State behaviours with respect to outer space

Open Ended Working Group on the Prevention of an Arms Race in Outer Space in all its aspects

Geneva, 21-25 July 2025

Mr. Chair,

The EU and its Member States consider that international law applies without reservation in the context of outer space. Thus, the applicability of international law, including international humanitarian law, in outer space is of critical importance for space security, contributing to global security. In this regard, the EU and its Member States are strongly committed to implement and strengthen existing international law regarding outer space. Enhancing space security in a pragmatic way, can also be done through the development of voluntary norms, rules and principles of responsible behaviour in outer space, which may pave the way, if necessary and if the conditions are met, to future agreements on legally binding instruments.

Mr. Chair,

the Outer Space Treaty (OST) constitutes the cornerstone of international space law and the international legal framework applicable to outer space activities. Since 1967, all the treaties and resolutions concerning the exploration and use of outer space are related to the OST.

The OST provides the foundational framework on international space law. It not only emphasizes that space is to be used for peaceful purposes, but also contains key provisions including the prohibition of the placement of nuclear weapons in space or any other kinds of weapons of mass destruction (WMD) in orbit around the Earth or install such weapons on celestial bodies; limitation of the use of the moon and other celestial bodies to exclusively peaceful purposes; establishes that space shall be freely explored and used by all nations, the applicability of International Law, including the UN Charter, in outer space; and precluding any state from claiming sovereignty over outer space, including the moon and any celestial body.

Furthermore, other relevant legally binding instruments on outer space have developed some of the principles already contained in the OST, - the Rescue Agreement, the Liability Convention, the Registration Convention, and the Moon Agreement.

It is widely discussed that gaps remain within the existing arms control and disarmament framework regarding outer space. Until recently, the predominant focus on numerous initiatives in the area of space security has been on capabilities exclusively through an arms control and disarmament perspective and with one single treaty seen both as a means and an end. This single-track approach has resulted in a stalemate and highlighted the challenges inherent in progressing discussions and negotiations on this critical issue. The underlying difficulty in advancing these debates and negotiations still persists. The urgency to tackle these difficulties is underscored by rapid technological advancements related to space capabilities and the inherent dual-use nature of most space assets and technologies.

With trust being at historic low today, current main proposals for a legally binding instrument cannot garner the acceptance needed to achieve the goal of PAROS. Therefore, discussions with groups like Groups of Governmental Experts, the Open-Ended Working Groups, as well as UNGA resolutions or the establishment of voluntary norms are useful to shape international understanding of space security, build trust and pave the way for consensus that may be later formalized in future legally binding instruments.

Non-legally binding instruments and measures in the outer space domain usually encompass TCBMs, as agreed by consensus in the 2013 GGE and re-affirmed by the consensus recommendations of UNDC in 2023, as well as norms, rules and principles of responsible behaviours, whose development are actively discussed in the UN system since 2020, and political commitments. Due to their flexible nature, non-legally binding instruments and measures can serve as a valuable tool for cultivating trust and forging common understandings among States involved in activities in outer space or utilizing space technology services and thus creating an atmosphere of trust conducive for further negotiations. Furthermore, they can play a pivotal role in curbing potentially harmful actions and promoting behaviours aimed at mitigating the risk of conflict stemming from misinterpretations, leading to unintended escalations.

The EU and its Member States consider that legally binding instruments in outer space often evolved from preceding non-legally binding commitments, through the adoption of different resolutions in the UN framework. Therefore, the EU and its Member States emphasise that agreeing on norms, rules and principles of responsible behaviours represent a first important step to maintain space security, such norms should cover all relevant threats, be they ground-to-space, space-to-space, space-to-ground or ground-to ground.

Legally binding instruments are interconnected and mutually reinforcing with non-legally binding instruments and measures. Non-legally binding instruments are easier to adopt; thus given the rapid pace of development in outer space activities, non-legally binding instruments and measures can bridge the current gap and pave the way toward the creation of legally binding instruments in order to achieve PAROS in all its aspects and space security as an ultimate goal.

Mr. Chair,

considering the characteristics of outer space, particularly the dual-use nature of some space technologies and the difficulty of attribution and lack of means of verification, the EU and its Member States underline that, without excluding the possibility of legally binding instruments in the future, the most pragmatic, realistic and concrete way to strengthen space security and to prevent misconceptions and miscalculations, with immediate effects, is to agree upon norms, rules and principles of responsible behaviours and to increase transparency and predictability of space activities.

Norms' inclusivity, capacity for building confidence, and ability to complement existing legal frameworks render them invaluable for fostering cooperation, transparency, and responsible behaviours among States, be they spacefaring or not. By harnessing the collaborative nature of non-binding instruments and measures, the international community can collaborate to safeguard the long-term sustainability, safety, stability and security of outer space and space activities for present and future generations.

The EU has submitted a working paper on Existing international legal and other normative frameworks concerning threats arising from State behaviours with respect to outer space - I invite all States to consider this joint EU contribution. This WP recognizes that both - legally-binding and non-legally binding instruments - are needed for the preservation of a safe, secure, stable and sustainable space environment and the peaceful use of outer space on an equitable and mutually acceptable basis for all, for present and future generations.