ORBITAL SOVEREIGNTY, DUAL-USE SATELLITES AND INTERNATIONAL LAW IN THE TWENTY-FIRST CENTURY: Dual use, critical infrastructure, strategic dependence and international responsibility in outer space
Year: 2026
Type: preprint
Abstract: This article proposes orbital sovereignty as a functional category for understanding terrestrial dependence onspace systems without turning outer space into appropriable territory. The central problem concerns dual-usesatellites, which may provide essential civilian services while simultaneously supporting militarycommunications, intelligence, navigation, remote sensing and targeting. The study brings togetherinternational space law, the United Nations Charter, international humanitarian law, State responsibility, thespace liability regime and the Theory of Dynamic Adaptive Warfare (TDAW), the English rendering of theauthor's TGDA framework. It argues that the legal characterization of orbital interference must be contextualand function- and effects-based. During armed conflict, military use does not automatically erase civilianfunctions or dispense with the rules governing military objectives, proportionality and precautions. Outsidearmed conflict, due regard, continuing State supervision, radiocommunication rules and the prohibition on theuse of force remain relevant. The article further distinguishes responsibility for national space activities,attribution of private conduct to a State and the specific liability regime for damage caused by space objects.As an original contribution, it presents an eleven-factor matrix for dual-use orbital infrastructure and usesTDAW as a complementary strategic framework while keeping probability of action distinct from legalpermissibility.
Source: SSRN Electronic Journal
DOI: 10.2139/ssrn.7462978
Author: Silvio Moreira Alves Júnior
Language: English
Subfield: Astronomy and Astrophysics
Field: Physics and Astronomy
Domain: Physical Sciences
Open Access status: green
OpenAlex ID: W7212683380