ISSUE 3

The Use by Koligian of the ASAT Missile against Palver-2 is not contrary to International

Law

The applicant alleges that the respondent(Koligian) violated international law. However, the

use of the ASAT missile against Palver 2 does not contradict international law as It is in line with

the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer

Space, including the Moon and Other Celestial Bodies(OST)(Art 4).1 , also it is in line with the

rights and obligations of the respondent as contained in the United Nations Charter2 and the

damage of Palver 2 was inevitable

The Use of the ASAT Missile is in line with the OST

Koligian's action corresponds and is consistent with international law. The ratiocinations are as

follows: first, the use of ASAT missile does not contravene Article IV of the Treaty on Principles

Governing the Activities of States in the Exploration and Use of Outer Space, including the

Moon and Other Celestial Bodies(hereinafter to be referred to as The OST) which prohibits

states from placing in orbit around the earth any objects carrying nuclear weapons or any other

kinds of weapons of mass destruction, install such weapons on celestial bodies, or station such

weapons in outer space in any other manner...

1
Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the
Moon and Other Celestial Bodies, entered into force Oct.10, 1967, 610 U.N.T.S. 205.
2
In the extant case The ASAT missile was not placed in orbit as objects placed in orbit around the

earth signifies a measure of 'qualified permanence'3. It is neither installed on celestial bodies

nor stationed in any other manner in outer space Rather, it did a specific activity which was the

bringing down of the Palver 2 which was in orbit.

Many planets, moons, stars, meteors spacecraft and other objects in outer

space orbit around each other. Electrons also orbit around the nucleus of an atom.

The Earth’s orbitaround the Sun takes one year to complete. In this case, the ASAT

missile was launched directly at Palver 2. It was not in orbit. Also the statement of fact called

the ASAT missile a direct ascent ASAT missile. This is not a weapon of mass destruction as it is

not designed for mass destruction but specific and trageted purposes like bringing down a

satellite.

Also,the use of the ASAT is consistent with *the UN Charter, specifically a combined reading of

Art 1(1) and Art 2(4)4

The use of the ASAT Missile against Palver 2 amounts to the Removal of Threat to

International Peace under the United Nations Charter

It is pertinent to note that the use of the Palvers by Agryliam is a threat to international peace

by virtue of the UN Charter specifically Art 1(1) and Art 2)4) 5

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In paragraphs 9 and 10 of the statement of facts, the destruction of Iriord-8 by Palver-3 left a

vacuum in the telecommunication services of Koligian6. Koligian at paragraph 11 sent a

diplomatic message to Argyliam concerning the "unprecedented and unlawful weaponization of

outer space" 7and a call for the suspension of aggressive military space activities of Argyliam to

which Argyliam through its Foreign minister gave a non-chalant reply 8.

The non chalant reply went thus, " the responsibility for the unfortunate incident is entirely

with the Koligian company Charalg Inc., which recklessly provided us with false

information"(whereas Art 6 places responsibility on Agryliam) thus exculpating themselves from

liability9. As if these unfortunate incidents were not enough, Palver 2 ceased responding to

commands on May 11 2031 and was drifting towards a densely populated orbit where some

satellites registered in Koligian were placed. Also, there was a possibility, although slight, of the

reactivation of the laser beam as the beam was in an active state (see paragraph 12). Palver was

expected to enter the densely populated orbit on the morning of 13th of May. In order to

prevent any more damage and harm to the peaceful use of Space, an ASAT missile was

launched by Koligian to end Palver 2's "dance of death" (see paragraph 14) This action is not

inconsistent with international law as it is tantamount to the prevention of breach of peace and

a removal of such threat to peace. The law for this ratiocination is Art. 1(1) if the UN Charter 10

which stipulates categorically that one of the purposes of the UN is to take effective collective

measures for the prevention and removal of the threats to the peace and for the suppression of

acts of aggression or other breaches of the peace. Thus, Koligian did not breach Art. 2(4) of UN

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Charter which states that Members shall refrain in their international relations from the threat

or use of force...in any other manner inconsistent with the purposes of the UN. Koligian did

something consistent with the purposes of the UN by removing the threat to international

peace which was the destruction of Palver 2 (see art 1(1) of UN Charter).

Thus the use of the ASAT missile against Palver 2 is tantamount to the removal of threat to

international peace.

Issue 4

Koligan is not Liable under International Law for the Damage of Palver 2

Xenovia is not liable to Candidia for any alleged damages

In light of the conclusion in Issue 3 above that Koligian acted in accordance with

international law, the issue of whether Koligian is liable will now be addressed. Koligian is

not liable for the damage alleged by Agryliam under the OST,11 the Liability Convention12

and the damage of Palver 2 was inevitable13.

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A. Xenovia is Not Liable for the Damage of Palver 2 under the Outer Space Treaty

Respondent did not violate any of the provisions of the OST and is therefore not

internationally liable for the damage of Palver 2. Respondent is not at fault for the damages

caused to Applicant’s space object as Applicant’s own negligence caused the damage.

B. Respondent Is Not Liable for the Damage of Palver 2 under Article III of the Liability

Convention.

A separate regime of liability is established under LIAB which builds on the Article VII OST

liability regime14.

The Liability Convention of 1972 deals specifically with issues of liability, developing the notion

in Article VI of the OST15. The Respondent takes cognizance of the legal maxim lex specialis

derogat legi generali, which states that a more specific law governing a particular legal issue

takes precedence over a general law. As a State Party to the Liability Convention, Respondent is

bound to the outer-space specific description of liability adopted in the treaty.16

14
Armel Kerrest and Lesley Jane Smith, Article II (LIAB) in II COLOGNE COMMENTARY ON SPACE LAW 119 (Hobe et.
al., eds., 2009)).
15

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According to Article III of the Liability Convention, in the event of damage being caused

elsewhere than on the surface of the Earth to a space object of a launching State by a space

object of another launching State, the latter shall be liable only if the damage is due to its fault.17

The question that begs an answer is “is koligian at fault for the damage of Palver 2?” The answer

is negative because the respondent(koligian) is not liable to Applicant for the damage of Palver

2 under Article III of the Liability Convention, because the damage caused is not due to

Respondent’s fault.

1. Respondent cannot be liable as it was not at fault.

Article III LIAB establishes a fault-based liability regime for damage caused in outer space18.

Although the concept of ‘fault’ is uncommon in international law,19 Koligian submits that fault

means a breach of an international obligation, done intentionally or with negligence. As above

and Koligian did not breach any of its international obligations in conducting a

The Applicant’s claim against Respondent under Article III of the Liability Convention is

unsustainable, as the damage caused to Palver 2 was not due to Respondent’s fault. Article

III of the Convention provides: “In the event of damage being caused elsewhere than on the

surface of the earth to a space object of one launching State… by a space object of another

launching State, the latter shall be liable only if the damage is due to its fault or the fault of

persons for whom it is responsible.”20

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18

19

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 Respondent was merely exercising her duty of ensuring International Peace. Palver 2

was a threat to this peace as stated in issue 3.21 The action of Koligian in destroying Palver 2 was

solely to prevent it from exploding especially since it was moving towards a densely populated

area and agryliam could not control it.

In order to establish fault and causation, recourse would be taken to principles of General

international law22. The OST and liability convention do not define fault.

The principal obligation of States with a fault standard is due diligence23. Due diligence is the

standard of care used by a state acting in good faith towards its neighbors. Koligian acted in good

towards its neighbors. A carefusal of the extant case shows that agrliam had in the past caused

great destruction in space with same Palver 2. It must be noted that they denied responsibility for

their actions with the defense that charalgh provided them with the wrong information. Now,

they have lost total control of the same object that caused great destruction in the past.

Koligian was only doing her due diligence by ensuring that she protects international peace as

the damage of Palver 2 was inevitable but the damage it would have caused in space was avoided

by Koligian. Hence koligian cannot bear liability as it only performed its duty in line with the

spirit and letters of international law.

Assuming but not conceding that Koligian was at fault under Article 111 of the LIAB,

Koligian is still exculpated from absolute liability under Section V11 of the LIAB

The launch of ASAT against Palver 2 was an Act of Self Defense

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It must be noted that Palver is a weapon of mass destruction. This has been established in the

statement of fact where it caused a huge destruction to the earth orbit during the Irriod 8 case. It

must also be noted that the destruction was done irrespective of the data given be Chaldean. It

was on a greater route of destruction possibly the worst that outer space have experienced. It was

moving uncontrolled towards a densely populated area with over 150 satellites most of which

were in a constellation. These satellites provide global internet services including airtime and

maritime use. There was an impeding danger on Koligian, on outer space, on lives, space objects

and the economy of other states including Koligian’s. It is only a fool or a paralyzed state that

would sit and watch the same object that caused it great economic loss cause an even greater

loss. Thus the action of Koligian in launching the Direct Ascent ASAT weapon was an act of self

defense, it is a very smart and proportionate action. There are other type of ASAT missiles like

the Nuclear Powered ASAT weapon which would have made them liable under Art 3 of the OST

but they launched the Direct Ascent which uses Kinetic energy thus Koligian cannot be liable for

damage of Palver 2 as its action was self defense which is in line with Customary International

Law.
2. The Damage of Palver 2 was Inevitable

It is inevitable that Palver 2 would be damaged even before the ASAT missile was launched.

From the statement of fact, it can be gleaned from para 12 of the statement of fact that Agryliam

unexpectedly lost control of Palver 2 thus control could not be restored and there was a

possibility of spontaneous activation.24

The claimant might argue that it was just a 3% chance that Palver 3 would explode but “In the

meantime, the uncontrolled Palver-2 was drifting toward a densely populated orbit, in which

there were 150 functioning satellites. Most of these satellites were in a constellation operated by

an international consortium to provide global Internet services, including for aircraft and

maritime use. The individual satellites were registered in several states, including, five registered

in Koligian. Palver-2 was expected to enter this orbit on 13 May 2031 which was 3 days later.

Palver 2 was already moving towards its own destruction and that of other satellites in

constellation. In paragraph 13, Agryliam declared on the 11th of may, 2 days away from the that

she would commit the utter negligence of launching the SSV which “had not yet been launched

and tested in space”. Thereby contravening the provisions of… One thing is certain, Palver 2 was

uncontrolled and would be damaged in 2 days. If nothing was to be done, not only will it be

damaged, other satellites will be and this would definitely lead to mass destruction of space

objects, injury on the earth surface and general threat to peace internationally. Either way it

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would be damaged. Thus Koligan can not be said to be at fault rather Agryliam is. Thereby

liability can not result from this.

Applicant did not act in good faith