The case for a kinetic anti-satellite test ban between the US and Chinaby Jimin Park
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| A test ban represents a targeted, pragmatic, and interim solution that enhances security for all parties without undermining the military. |
Even a single satellite failure from an ASAT test could trigger cascading satellite failure, affecting a wide spectrum of human activities.[6] Without space-based capabilities, the American military would be severely hindered and have extreme difficulty maintaining intelligence, communications, and targeting.[7] Without the ability to use satellites, cell phones and ATMs could not properly function, thereby disrupting global transportation, travel, communications, and economic systems.[8]
Beyond a specific altitude in LEO, the bilateral treaty should restrict DA-ASAT tests. Negotiators should target the range of 250–300 kilometers.[9] Treaty enforcement should fall under the Outer Space Treaty. Violators of the testing ban who conduct a kinetic ASAT test would be held liable under the Liability Convention.[10] This convention holds countries liable for all outer space activities, which should include DA-ASAT tests.[11] This treaty would give “language [of the Liability Convention] teeth” and hold rule-breakers liable under a “negligence per se standard.”[12]
Focusing on DA-ASAT tests in negotiations with Beijing increases the likelihood of Chinese compliance. By excluding weapons that pose verification problems, the test ban is verifiable and ensures China’s agreement with the treaty.[13] Treaty compliance can be verified by national technical means or intelligence, surveillance, and reconnaissance space assets.[14] DA-ASAT tests are easily identifiable, making treaty violations more noticeable.[15]
Critics may argue that geopolitical adversaries will violate arms control agreements to gain strategic and military advantages.[16] However, this view is overly pessimistic and overlooks the potential benefit of arms control. Despite stalemates and mutual distrust, negotiations on arms control have often been successful.[17] Historically, China has largely adhered to arms control due to Beijing’s desire to gain status in the liberal international order.[18] China’s concerns over US space dominance may incentivize compliance with bilateral restrictions over ASAT testing.[19] Bilateral engagement can improve relations between the two countries, thereby reducing tensions in the ASAT arms race.[20] Even when disagreements over treaty details persist, the mere negotiation itself may convince China to limit DA-ASAT testing.
| Limiting negotiations to a narrow sub-issue, such as kinetic ASAT tests, are necessary for reaching consensus for binding space warfare laws. A bilateral ASAT test ban treaty could generate momentum for future arms control agreements. |
In 2022, the US announced a voluntary moratorium on DA-ASAT tests.[21] The UN General Assembly followed by passing a similar resolution, encouraging countries not to conduct these tests.[22] Opponents may highlight that this measure makes a test ban unnecessary. However, China and Russia vetoed the resolution and India abstained.[23] These efforts are non-binding and lack enforcement; thus, the US needs to negotiate a binding arms control treaty.
Skeptics of space arms control may contend that a test ban ignores other threats to space systems.[24] Although a test ban does not ban weapons, targeting testing can have stabilizing effects because countries are reluctant to develop and integrate untested weapons systems.[25] If testing is prohibited, “the possibility of [DA-ASAT] deployment and use is pre-emptively eliminated.”[26] This limited scope is precisely why an ASAT test ban could facilitate a successful agreement between the US and China. Limiting negotiations to a narrow sub-issue, such as kinetic ASAT tests, are necessary for reaching consensus for binding space warfare laws.[27] A bilateral ASAT test ban treaty could generate momentum for future arms control agreements.[28]
Critics of a test ban may argue that arms control puts the US military at a disadvantage.[29] However, a DA-ASAT test ban will not affect broader US military weapons systems. The primary concern focuses on ballistic missile defense (BMD) systems. A bilateral test ban will “avoid undermining the limited deterrent value of BMD” and “would not prevent the further refinement of existing BMD systems by means of non-collision testing.”[30] An ASAT test ban even allows for testing below a specified threshold, which permits defensive measures and deorbiting of falling satellites.[31]
A US-China ban on high-altitude DA-ASAT tests would provide a feasible, pragmatic, and targeted step towards strengthening space security. By directly curtailing destabilizing kinetic ASAT tests, a test ban would safeguard global space assets from debris cascades. Critics will highlight the limited nature of an ASAT test ban. However, this treaty’s narrow scope makes Chinese compliance more likely and preserves US military flexibility. A binding test ban treaty could catalyze future arms control agreements and stabilize US-Chinese space relations while reinforcing international norms against destructive ASAT tests.
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