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This paper considers the dual approach of the Code by analysing the similarities between launchers and ballistic missiles in light of new technical developments, and assessing the risk of missile technology proliferation. It also assesses the new trends and developments in the space sector that may have an impact on the ability of the HCoC to remain relevant in its efforts to curb the proliferation of ballistic launchers.

This paper recalls the state of ballistic missile proliferation at the time of the adoption of the Code, before delving into the genesis of the Code and especially the various reports and meetings that promoted the adoption of a supply-side multilateral instrument. It describes the conferences and diplomatic efforts that led to the Code in 2002. It also explains why the Code ended up the way it is today with modest ambitions but concrete outcomes.

The Hague Code of Conduct against Ballistic Missile Proliferation, the Missile Technology Control Regime and United Nations Security Council Resolution 1540 each contribute to the international regime for the nonproliferation of ballistic missiles. The three instruments aim at controlling both horizontal and vertical proliferation.