{"title":"对空间活动的网络攻击:重新审视《外层空间条约》第六条责任机制","authors":"Du Li","doi":"10.1016/j.spacepol.2022.101522","DOIUrl":null,"url":null,"abstract":"<div><p>Both international society and individual states are placing considerable emphasis on the imminent threats of cyber-attacks on space activities. States play a major role in combatting against cyber-attacks in the space; thus, their international responsibility regime requires re-examination within this unique context. This study analyzes the responsibility regime established by Article VI of the Outer Space Treaty (OST) aiming to adapt the time-honored provisions to the current challenges posed by space cyber-attacks. Simultaneously, it aims to focus on three aspects: attribution rules, the scope of obligations of States Parties and the specific measures that states should undertake. This study concludes that in situations of space cyber-attacks, a case-tailored method should be adopted to identify the responsible state. This may likely involve the broadening of states' obligations, invocation of Article 2(4) of the United Nations Charter, the due diligence obligations, and other <em>lex specialis</em> obligations, such as conducting space activities for peaceful purposes, due regard obligations and non-interference obligations. Furthermore, the conclusion suggests that states should act nationally as well as internationally to successfully combat against cyber-attacks on space activities.</p></div>","PeriodicalId":45924,"journal":{"name":"Space Policy","volume":null,"pages":null},"PeriodicalIF":2.0000,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"3","resultStr":"{\"title\":\"Cyber-attacks on Space Activities: Revisiting the Responsibility Regime of Article VI of the Outer Space Treaty\",\"authors\":\"Du Li\",\"doi\":\"10.1016/j.spacepol.2022.101522\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<div><p>Both international society and individual states are placing considerable emphasis on the imminent threats of cyber-attacks on space activities. States play a major role in combatting against cyber-attacks in the space; thus, their international responsibility regime requires re-examination within this unique context. This study analyzes the responsibility regime established by Article VI of the Outer Space Treaty (OST) aiming to adapt the time-honored provisions to the current challenges posed by space cyber-attacks. Simultaneously, it aims to focus on three aspects: attribution rules, the scope of obligations of States Parties and the specific measures that states should undertake. This study concludes that in situations of space cyber-attacks, a case-tailored method should be adopted to identify the responsible state. This may likely involve the broadening of states' obligations, invocation of Article 2(4) of the United Nations Charter, the due diligence obligations, and other <em>lex specialis</em> obligations, such as conducting space activities for peaceful purposes, due regard obligations and non-interference obligations. Furthermore, the conclusion suggests that states should act nationally as well as internationally to successfully combat against cyber-attacks on space activities.</p></div>\",\"PeriodicalId\":45924,\"journal\":{\"name\":\"Space Policy\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":2.0000,\"publicationDate\":\"2023-02-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"3\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Space Policy\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://www.sciencedirect.com/science/article/pii/S0265964622000480\",\"RegionNum\":4,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"INTERNATIONAL RELATIONS\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Space Policy","FirstCategoryId":"90","ListUrlMain":"https://www.sciencedirect.com/science/article/pii/S0265964622000480","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"INTERNATIONAL RELATIONS","Score":null,"Total":0}
Cyber-attacks on Space Activities: Revisiting the Responsibility Regime of Article VI of the Outer Space Treaty
Both international society and individual states are placing considerable emphasis on the imminent threats of cyber-attacks on space activities. States play a major role in combatting against cyber-attacks in the space; thus, their international responsibility regime requires re-examination within this unique context. This study analyzes the responsibility regime established by Article VI of the Outer Space Treaty (OST) aiming to adapt the time-honored provisions to the current challenges posed by space cyber-attacks. Simultaneously, it aims to focus on three aspects: attribution rules, the scope of obligations of States Parties and the specific measures that states should undertake. This study concludes that in situations of space cyber-attacks, a case-tailored method should be adopted to identify the responsible state. This may likely involve the broadening of states' obligations, invocation of Article 2(4) of the United Nations Charter, the due diligence obligations, and other lex specialis obligations, such as conducting space activities for peaceful purposes, due regard obligations and non-interference obligations. Furthermore, the conclusion suggests that states should act nationally as well as internationally to successfully combat against cyber-attacks on space activities.
期刊介绍:
Space Policy is an international, interdisciplinary journal which draws on the fields of international relations, economics, history, aerospace studies, security studies, development studies, political science and ethics to provide discussion and analysis of space activities in their political, economic, industrial, legal, cultural and social contexts. Alongside full-length papers, which are subject to a double-blind peer review system, the journal publishes opinion pieces, case studies and short reports and, in so doing, it aims to provide a forum for the exchange of ideas and opinions and a means by which authors can alert policy makers and international organizations to their views. Space Policy is also a journal of record, reproducing, in whole or part, official documents such as treaties, space agency plans or government reports relevant to the space community. Views expressed in the journal are not necessarily those of the editors or members of the editorial board.