From Failure of Pacification to the Accelerating Arms Race to Space 2.0: The Future Space Order
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The topic of this thesis is the failure of international regulation regarding the militarization and
weaponization of outer space and celestial bodies, the reasons behind it, and the consequences that
have their own impact on the diverse forms of competition between states to conquer space and thus
determine global power balance both in space and on Earth. The purpose of the research is to improve
the general awareness of people about this constantly accelerating phenomenon, but also specifically
to improve the understanding of politicians and legal scholars regarding the issues discussed in the
study. The weaponization and militarization of space and celestial bodies have significant
implications, including the formation of space debris and the grey zone activities. The theoretical basis
for the research is legal realism, especially the analytical post-positivist legal research, which is carried
out through the lens of critical legal theory. The research methods used include Jorge Esquirol's
methods of "gaps, conflicts, and ambiguities," as well as his "blind spots" and "unintended
consequences" research methods. In addition, the methods include legal-dogmatic de lege lata and de
lege ferenda type research, as well as law and history research methods that involve research,
comparison, and analysis related to outdated and incomplete international space legislation. The
results of this research show that international space legislation is (intentionally) incomplete and
outdated and that the formation of the geopolitical power structure in space is influenced by many
factors beyond just political and military interests, such as commercial, academic, and legal interests.
However, because of the current international tensions, the competition for control of space is likely to
intensify due to military, political, and commercial interests, and hope for peaceful use of outer space
and celestial bodies and the ideals of the original space treaties will most probably have to give way.