Towards a Ban of Anti-Satellite (ASAT) Weapons Tests? Exploring Possible Pathways in Light of Recent Developments

Anti-satellite weapons testing may have long-term negative impacts on the space environment, as the pieces of debris they generate pose a risk for future space operations. Moreover, any such a test brings about the specter of an armed race in outer space. That notwithstanding, these tests are not prohibited under the current international legal regime. This contribution examines the most recent developments in the practice of States and international organizations concerning anti-satellite weapons tests with a double aim. First, it investigates whether the unilateral declarations by which certain States have committed not to conduct destructive direct-ascent anti-satellite missile testing hold legal significance per se. Second, it questions whether these declarations may be considered as relevant State practice and opinio juris for the purpose of identifying a customary rule prohibiting anti-satellite weapons testing. In this respect, particular attention is also paid to Resolution No. 77/41 of 7 December 2022, by which the United Nations General Assembly called upon all States to commit not to conduct destructive direct-ascent missile tests, in order to assess whether it provides further evidence concerning the formation of a customary rule. In the end, the contribution evaluates the possible way forwards.