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based aspects of an antiballistic missile system.  Yet weapons of mass destruction were prohibited in space in this treaty with the passage, “States Parties to the Treaty undertake not to place 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.”107  But even this limitation applies only to the Moon and other celestial bodies and not the empty space in between.108  Thus there is currently no legal regime prohibiting weapons being placed in the void between bodies.  In Vision for 2020, a 1998 government report, explains that the role of the United States Space Command (“USSC”) will be to dominate “the space dimension of military operations to protect U.S. interests and investment…It’s politically sensitive, but it’s going to happen,” says General Joseph Ashy, Commander-in-Chief of the US Space Command.  “Some people don't want to hear this, and it sure isn't in vogue, but absolutely—we’re going to fight in space …That’s why the US has development programs in directed energy and hit-to-kill mechanisms.”109 This statement underscores the Bush Administration’s desire to maintain the United State as the world’s foremost space power at the expense of multilateral cooperation.

International efforts to limit the spread of space weapons have been just as happenstance as those aimed at forming a legal regime to deal with cyber attacks.  Russia and China have publicly stated their wish for such a treaty, but the United States has demurred.110  The rationale commonly given by the U.S. is that it wants to maintain its

107 Bin Cheng, Studies in International Space Law 517 (1997).

108 Id. at 529.

109 Collins, supra note 107.

110 John Borland, Russia, China Propose Space Arms Treaty, Wired, Feb.  12, 2008 (arguing that Russia and China have been pushing for talks on this issue since the beginning of the decade, largely against resistance from the United States which wishes to maintain its dominance in space).

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