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Space and Defense

Space and Defense

Abstract

In her keynote address at the 2025 USSPACECOM Legal Conference, former Assistant Secretary of State Mallory Stewart argues that law, norms, and international cooperation are central to maintaining the United States’ “decisive advantage” in outer space. She emphasizes that rules and standards—far from constraining innovation or strategic flexibility—enhance predictability, reduce risk, and empower responsible competition. Stewart highlights the success of initiatives such as the Artemis Accords, the U.S. commitment to forgo destructive direct-ascent anti-satellite (ASAT) tests, and the global expansion of Space Situational Awareness (SSA) agreements as examples of how legal and normative frameworks reinforce stability and collaboration. She contends that risk-reducing laws and norms enable higher innovation tolerance, strengthen partnerships between government and industry, and help deter irresponsible behavior in space. Stewart cautions, however, against unverifiable or poorly defined legal prohibitions—such as those banning all “weapons” in space—that could undermine existing treaty architectures. Concluding, she calls on legal practitioners to sustain, adapt, and enforce the rules-based international order in space to ensure long-term security, sustainability, and leadership for the United States and its allies.

DOI

10.32873/uno.dc.sd.16.02.1322

Creative Commons License

Creative Commons Attribution 4.0 License
This work is licensed under a Creative Commons Attribution 4.0 License.

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