Space lawAdvocate Tanwar

Introduction

Space law encompasses the legal framework governing activities conducted beyond Earth’s atmosphere. It comprises a collection of international agreements, treaties, conventions, and resolutions established by organizations like the United Nations, alongside regulations set by individual nations.

These regulations cover a broad spectrum of issues, including environmental preservation in space and on Earth, liability for damages caused by space objects, dispute resolution mechanisms, astronaut rescue protocols, information sharing regarding space hazards, utilization of space technologies, and fostering international collaboration. Additionally, countries enact their own laws pertaining to space exploration and activities.

Space Legislation

Space legislation can be categorized into two main areas:

(a) International Space Law

(b) National Space Law (e.g., legislation governing space activities in India)

INTERNATIONAL SPACE LAW

International space law pertains to regulations governing activities and exploration beyond Earth’s atmosphere. This legal framework is primarily established through five instruments adopted under the United Nations (UN) via the General Assembly’s Committee on the Peaceful Uses of Outer Space (COPUOS). The UNCOPUOS has played a pivotal role in the development of international space law.

INTERNATIONAL SPACE LEGISLATION INCLUDES:

TREATIES

(i) THE OUTER SPACE TREATY, 1967

  • The Outer Space Treaty, formally titled the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, came into existence in October 1967.
  • Signed by 103 countries and ratified by key nations such as the UK, Russia, and the US, this treaty aims to regulate and oversee the actions of member states concerning all celestial bodies and the moon.
  • The Outer Space Treaty assigns international accountability to member states for their activities in outer space, encompassing the moon and other celestial bodies, regardless of whether these endeavors are carried out by governmental bodies or non-governmental organizations (NGOs).
  • They are obligated to ensure that such activities adhere to the treaty’s principles, which emphasise peaceful exploration and use of outer space, international cooperation, non-appropriation, and non-weaponization. Additionally, states must authorise and supervise all relevant activities.
  • The Outer Space Treaty also establishes liability for damage, holding launching states internationally accountable for any harm caused to another State Party, its citizens, or entities on Earth, in the atmosphere, or in outer space, resulting from their space objects or components.

(ii) THE RESCUE AGREEMENT, 1968

  • The Rescue Agreement, known formally as the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, is an international accord outlining the responsibilities of states regarding space personnel rescue.
  • While the Outer Space Treaty of 1967 simply mandates rendering assistance to astronauts, the Rescue Agreement offers some clarity by referring to “personnel of a spacecraft,” although this phrasing remains ambiguous regarding individuals not traditionally considered astronauts, such as space tourists.

iii) THE LIABILITY CONVENTION, 1972

  • The Liability Convention, enforced on 1st September 1972, serves to define liability for space-related damage.
  • Currently, it has been signed by 22 states, aiming to govern International Liability for Damage Caused by Space.
  • Article 7 of the Outer Space Treaty outlines the liability of the launching state, holding it accountable for compensating damages caused by its space objects on Earth’s surface or to aircraft, as well as for damages due to faults in space.
  • Notably, under this convention, it is the state, not private individuals, that bears international liability.
  • States are encouraged to establish national laws to protect their interests when engaging in collaborative space research and to limit liability in cases of damage. However, the absence of such laws does not absolve liability under this convention.

iv) THE REGISTRATION CONVENTION, 1975

  • Adopted by the United Nations General Assembly in 1974, the Convention on Registration of Objects Launched into Outer Space, commonly referred to as the Registration Convention, became effective in 1976.
  • Currently, it has been ratified by 72 states as of February 2022.
  • This agreement mandates that states provide the United Nations with data concerning the orbit of each space object they launch.

Declarations on Space Activities

Five major UN declarations guide space activities:

  • 1963 Declaration on Legal Principles for Space Activities.
  • Declaration on Satellite Broadcasting.
  • Declaration on Remote Sensing.
  • Declaration on Nuclear Power Sources in Space.
  • Declaration on International Cooperation for Developing Countries.

Space Legislation in India

India’s space law remains underdeveloped. Apart from the ISRO Act (1969) and NRSC Guidelines (2011), space activities are governed largely by policy, not law:

  • SATCOM Policy (1997) and its 2000 Guidelines regulate private satellite ventures.
  • Remote Sensing Policy (2011) opens imagery services to private use.
  • ISRO Technology Transfer Policy encourages private manufacturing of space components.

Key Legal Challenges

  • Space Debris: Managing debris and ensuring safe orbits.
  • Resource Utilization: Clarifying ownership rights on celestial bodies.
  • Sovereignty Issues: Balancing exploration with the non-appropriation principle.
  • Environmental Protection: Preventing contamination of space environments.
  • Security and Peace: Avoiding militarization and ensuring peaceful uses.
  • Liability: Updating frameworks for damage and accountability.
  • Cybersecurity: Protecting data and communication in space.
  • Private Sector Growth: Defining clear rules for private actors.
  • International Collaboration: Managing legal complexities in joint missions.
  • Intellectual Property: Protecting innovations from space activities.
  • Global Governance: Building cooperative international mechanisms for space law.

The Future of Space Exploration (2024 and Beyond)

Major upcoming missions include:

  • NASA’s Europa Clipper (searching for life on Europa).
  • Artemis II (first crewed Moon mission since 1972).
  • VIPER Rover (mapping lunar water resources).
  • Lunar Trailblazer and PRIME-1 (mapping and drilling on the Moon).
  • JAXA’s MMX Mission (returning samples from Mars’ moons).
  • ESA’s Hera Mission (studying asteroid impact effects).

The Road Ahead

  • New Space Norms: Develop rules for debris, satellite proximity, and space traffic.
  • Global Code of Conduct: Involving UN bodies and private players for responsible behavior.
  • International Cooperation: Supporting instruments like the Space2030 Agenda.
  • Leadership for India: Promoting peaceful space exploration through forums like BRICS, SCO, and the UN.
  • IP Rights in Space: Creating global frameworks for space inventions.
  • Responsible Space Behavior: Sharing practices to ensure peaceful, sustainable space use.

Conclusion

Space law must evolve with technology and ambition. International collaboration, legal innovation, and responsible governance are key to ensuring that outer space remains peaceful, sustainable, and beneficial for all humanity. India, with its growing capabilities, can play a pivotal role in shaping the future of space law and global space governance.

Contributed By: Arzoo Kala (Intern)