The Cyberspace in outer space : Legal implications of Non-Kinetic Interference and Cyber Attacks in the Interplanetary Space

The thesis analyses international law in the context of cyber electromagnetic interference on satellites by non-State actors. The thesis outlines the relevant normative framework governing cyber activity as well as the law governing outer space. Then it explains the legal implications of the intertwined legal regimes in framework of the title of the thesis. The primary premise of the thesis is that the law of outer space applies or should apply to cyber electromagnetic activities in space. However, as this is not evident due to lack of authoritative interpretation of the state of law as well as due to the novelty of the technology, different legal questions will be examined through a fictional scenario in which a State suffers damage as a result of non-kinetic interference applied to its satellite. Based on the premise indicated above, the main research question is “is satellite cyber electromagnetic interference legal and what legal norms govern such activity in space”? In answering the question, special attention shall be paid to the increasing involvement of private entities in space activities, including those activities made with the intention to interfere with other States’ satellite technology. That inquiry is more specifically done by looking into the question of attribution. Moreover, in the examination, emphasis will also be made with regards to the reach of space law to cyber and electromagnetic activities taking place partially on Earth. It is interesting to understand whether that makes any difference in the application of space law into satellite interference