Recent research published in the Prophetic Law Review by Aris Rahmat Juliannoor, a master’s student in law at Universitas Islam Indonesia, sheds light on the complex relationship between international trade laws and the technological advancements in outer space, particularly focusing on the United States’ International Trade in Arms Regulation (ITAR). This policy has significant implications for countries like Indonesia, which are looking to develop their own defensive satellite capabilities.
The study highlights how military superpowers, including the U.S., China, and Russia, have set the stage for technological development in outer space. As these nations advance their capabilities, they offer various technologies to other countries, which often feel compelled to rely on these advanced systems for national defense. However, as Juliannoor points out, “The higher the demand, the more expensive it gets.” This creates a dependency cycle where developing nations, such as Indonesia, find themselves reliant on foreign technology, which can hinder their sovereignty and self-sufficiency in space technology.
ITAR serves as a gatekeeper, controlling which countries can access sensitive space technologies. This quasi-arbitrary policy not only restricts trade but also undermines the principles of free trade that underpin international commerce. Juliannoor’s analysis suggests that such policies may violate the General Agreement on Tariffs and Trade (GATT), particularly concerning security exceptions outlined in Article XXI (b) (ii).
For Indonesia, the implications of this research are profound. The study advocates for the country to leverage security exception clauses to free itself from the constraints imposed by ITAR and similar regulations. This approach could open new avenues for Indonesia to develop its own satellite technologies without being hindered by external dependencies.
The commercial impacts of these findings are significant. If Indonesia can successfully navigate the complexities of international trade laws and assert its right to develop its own technologies, it could stimulate growth in its aerospace sector. This would not only enhance national security but could also lead to new business opportunities in satellite manufacturing, data services, and related industries, potentially positioning Indonesia as a key player in the regional space economy.
In summary, Juliannoor’s research provides a critical examination of the intersection of international law and space technology development. By understanding and utilizing legal frameworks effectively, Indonesia has the potential to strengthen its defense capabilities and reduce dependency on foreign technology, ultimately fostering a more independent and robust space sector.
