INTRODUCTION
The body of law regulating space-related activities is known as space law. Like general international law, space law is made up of a range of treaties, conventions, international agreements, decisions of the UN General Assembly, and rules and guidelines of international organizations.
The five international treaties and five sets of principles controlling outer space that were created under the auspices of the United Nations are the ones that are most frequently linked to when the phrase “space law” is used. Many states also have national laws controlling space-related activity in addition to these international agreements.
Space law covers a wide range of topics, including, for instance, the protection of the environment in space and on Earth, responsibility for harm caused by space objects, the resolution of conflicts, the recovery of astronauts, the exchange of knowledge about potential risks in space, the use of space-related technologies, and international cooperation. The idea that space is the domain of all humans, the freedom of exploration and use of space by all states without restriction, and the idea of non-appropriation of space are just a few of the fundamental principles that govern the conduct of space activities.
To promote awareness, acceptance, and implementation of the international space law accords reached under United Nations auspices, the Office offers information and assistance on space law to countries, non-governmental organizations, and the general public upon request.
EVOLUTION
In connection with talks on disarmament, American President Dwight D. Eisenhower introduced the idea of space law to the United Nations in 1957, which marked the beginning of the development of space law. As a result of the successful launches of the American satellite Explorer 1 in 1958 and the Soviet satellite Sputnik 1 in 1957, both the U.S. and the U.S.S.R. became actively involved in the creation of an international space strategy. It was decided that governments cannot extend their dominion’s borders forever into the space regions above them and that traditional norms of sovereignty that permit any nation to claim for itself uninhabited and primitive lands are not sustainable in space territory.
In order to uphold the United Nations Charter and other international law in space, a permanent Outer Space Committee was established in 1959. This paved the path for peaceful exploration. The Nuclear Test Ban Treaty and an Outer Space Committee resolution to forbid nuclear weapon testing in space were both signed in 1963. Later that year, the UN General Assembly adopted a resolution that acknowledged a free worldwide interest in space development and set down guidelines for how each country should respond to violations of international law and any resulting damage. It was advised that nations work together to protect all astronauts in emergency scenarios.
The United Nations’ 63 members adopted the Outer Space Treaty in 1967. All previous principles for responsible international space activity were reiterated by this agreement. In addition, it established each state’s ownership of and responsibility for its space projectiles and components, urged cooperation in the defence of the space and terrestrial environments, and allowed for the open observation and inspection of each state’s operations and installations by outsiders. Weapons of mass destruction deployment in space and on celestial bodies was also prohibited. This agreement, like the majority of following space-law accords produced by the United Nations, has been hailed as a turning point in the development of international law and is still in force among the member nations today.
This treaty was followed in 1968 by the Agreement on the Rescue and Return of Astronauts and the Return of Objects Launched into Space, which strengthened international commitment to the security of people in space, gave each nation financial responsibility for the recovery of its equipment, and confirmed each space power’s control over the rockets it launches. The 1972 Convention on International Liability for Damage Caused by Space Objects, another significant treaty, laid out specific guidelines for the recovery of damages for losses brought on by space objects.
Several topics are still up for debate, despite the fact that international diplomacy continues to play a significant role in the definition of proper space behaviour. Regulations governing the distribution of potentially useful resources that space may someday provide are required because governments are not permitted to claim territory in space, for example. There needs to be agreement on a technique for calculating how much airspace each country controls.
Significant issues for space law also arise from the development of space for an expanding range of public and commercial activities. When governments predominated space activities and commercial space endeavours were just getting started, the accords on which space law is founded were created. It is necessary to assess if these agreements are still suitable and acceptable for the twenty-first century.
There is currently no overarching framework governing the military uses of space, however certain articles of contemporary space law restrict military actions in space. Another topic for debate is whether it is wise to create weapons in space or, conversely, whether to maintain a weapons-free environment in space.
GLOBAL SPACE GOVERNANCE
The phrase “global space governance” refers to a group of international, regional, or national laws as well as regulatory organisations, policies, and procedures for directing or controlling space-related matters or activities. The tools, institutions, and mechanisms, national laws, rules, technical standards, and procedures, codes of conduct, and steps to foster confidence among space-faring players are also included. All of these are considered, created, and put into practise at different levels of government. Together, these procedures make it possible to create, monitor compliance with, and enforce space activities.
International space law is typically divided into two groups:
1) Binding or normative instruments, such as treaties, standards, and state regulations. The current global space governance system is mostly composed of these two different kinds of agreements.
2) Non-binding agreements that are meant to express voluntary, non-normative and/or aspirational ideas that may be too difficult to establish worldwide consensus on.
Additionally, the five United Nations (U.N.) space treaties that serve as the basis for international space administration were created in their respective eras, which explains their emphasis on preventing the military and colonization of space. The future of space administration will need to take into account new dangers brought on by fresh changes to the global order, nevertheless, given the quick rate of space development. It will be difficult to strike the right balance between promoting democratization, fostering commercialization, and reining in militarization.
The UN and the Foundation of Global Space Governance
UN Office of Outer Space Affairs (UNOOSA)
The U.N. has served as the main agent for international space administration and law for more than 50 years. The United Nations Office for Outer Space Affairs (UNOOSA) was founded in 1958 to aid states in constructing the legal, technological, and political framework necessary to support international space activity. UNOOSA keeps a registry of objects launched into outer space and plays a crucial role in the establishment of additional international organisations to address particular issue areas in space regulation, in addition to assisting states in understanding space law and creating their own national space policy in accordance with the established global governance framework.
UN Committee on the Peaceful Uses of Outer Space (COPUOS)
The U.N. Committee on the Peaceful Uses of Outer Space (COPUOS) was established as an ad hoc Committee in the U.N. about a year after the launch of Sputnik 1, and it was later declared permanent in 1959. In order to “govern the exploration and use of space for the benefit of all humanity: for peace, security and development,” COPUOS was established, with UNOOSA serving as the Committee’s secretariat. Ultimately, COPUOS was charged with developing and enforcing the five UN treaties relating to outer space activities, principles, and other related international agreements (as each relates to space).
The Five UN Space Treaties
- With 111 ratifications and 23 signatories, the Outer Space Treaty is the cornerstone of international space legislation, although governance problems were already there when it was adopted. The OST’s main shortcoming is that it exclusively covers the avoidance of WMDs, not the use of conventional weapons in space. Even though firing a weapon into space will always be considered a war crime, the OST’s lack of applicability today, when ground-based weaponry like anti-satellite (ASAT) weapons are available to attack space assets, is crucial. As nations have taken it upon themselves to define words depending on their own national priorities and interests, the OST’s ambiguous language about how nations manage their space resources poses further challenges.
- The Rescue Agreement (1968), which builds on Articles 5 and 8 of the OST, mandates that States take action to rescue and assist astronauts in the event of an accident, distress situation, or emergency landing, and return them to their launching state in addition to helping launching states with recovering objects launched into outer space. Even though the Rescue Agreement is clear on the status of astronauts as “envoys of mankind,” an opportunity for other States to test the Agreement’s efficacy—or assist an astronaut in distress has not yet occurred to help when one state’s astronauts or cosmonauts were in distress.
- The “Convention on International Liability for Damage Caused by Space Objects,” also known as the Liability Convention (1972), is the third fundamental U.N. space treaty. It specifies Launching States’ responsibility for damage caused by their space objects on Earth or in space as well as the processes for resolving claims for suffered losses. This implies that states are still in charge of any space assets launched from their territory and that these same states would also be accountable for any damages in the event of a mishap. Regardless of who caused the incident—whether it was a private actor or a State space agency—claims against damage or destruction are pursued by a state against a state under the Liability Convention.
- The registration of space objects is the clear goal of the fourth convention, “Convention on Registration of Objects Launched into Outer Space,” also known as the Registration Convention (1976). The Registration Convention mandates that launching States keep a registry of their space objects and provide the U.N. with information on the objects they launch into space, building on Article VIII of the OST which deals with the registration and jurisdictional aspects of launched outer space objects. Because no State could ever be held liable for an occurrence without the registration of space objects, this treaty is crucial from the perspective of both the Rescue Agreement and the Liability Convention.
- The Moon Treaty (1984), also known as “The Agreement Governing the Activities of States on the Moon and Other Celestial Bodies,” has received the least support from Member countries despite its reaffirmation and expansion of Outer Space Treaty provisions in the context of appropriating, exploring, and using the Moon’s resources. According to the Moon Treaty, all nations must use the Moon “exclusively for peaceful purposes” and any use of force, threat of force, or other hostile act on the moon is forbidden. In addition, it forbids the “establishment of military bases, installations, and fortifications, the testing of any type of weapons, and the conduct of military manoeuvres” (U.N. Office for Disarmament Affairs, 1979) in addition to the placement or use of weapons of mass destruction (WMD).
LEGISLATIONS THAT GOVERN INTERNATIONAL SPACE LAWS ARE AS FOLLOWED
- THE OUTER SPACE TREATY, 1967
In October 1967, this Treaty went into effect. 103 nations signed this treaty, and three of them—primarily the US, the UK, and Russia—ratified it. The purpose of this treaty’s enactment was to regulate and oversee all of the member states’ activities and affairs with regard to the moon and all other celestial bodies.
- THE RESCUE AGREEMENT, 1968
An international agreement defining states’ rights and obligations with regard to the rescue of people in space is the Agreement on the Rescue of Astronauts, the Return of Astronauts, and the Return of Objects Launched into Outer Space, also known as the Rescue Agreement. The Agreement was established by a unanimous resolution of the UN General Assembly on December 19, 1967 (Resolution 2345 (XXII)). On December 3, 1968, it became law. Its clauses go further than those in Article V of the 1967 Outer Space Treaty regarding rescue. The Rescue Agreement is more detailed and specific than the rescue clause in Article V of the Outer Space Treaty, although it still has some unclear language that could be interpreted differently.
- THE LIABILITY CONVENTION, 1972
On September 1, 1972, this agreement went into effect, clarifying who was responsible for space harm. There are 22 States that have signed this pact in total. This convention’s principal goal is to regulate International Liability for Space-Related Damage.
The Launching State shall be accountable to pay compensation for damages caused by its space objects on the surface of Earth or to aircraft and liable for damage owing to its faults in space, according to Article 7 of the Outer Space Treaty.
- REGULATION CONVENTION, 1975
The United Nations General Assembly approved the Convention on Registration of Objects Launched into Outer Space (often referred to as the Registration Convention) in 1974, and it came into effect in 1976. 72 states had approved it as of February 2022.
According to the convention, governments must provide the United Nations with information about each space object’s orbit. As a result of a General Assembly Resolution from 1962, the United Nations already kept a list of launches. The United Nations Committee on the Peaceful Uses of Outer Space oversees the Registration Convention as well as four other space law conventions.
- THE MOON TREATY OF 1979
The Moon Treaty or Moon Agreement, also known as the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, is a multilateral treaty that grants participant nations sovereignty over all celestial bodies (including their orbits). As a result, everything would adhere to international law, including the UN Charter.
Since its inception on December 18, 1979, it has not been ratified by any state that conducts self-launched human spaceflight (such as the United States, Russia (or its predecessor, the Soviet Union), or the People’s Republic of China), and as a result, it is of little to no significance in international law. The treaty has 18 states as participants as of January 2022.
INDIAN POSITION
India is starting to take a significant role in the global commercial space market. Important control, safety, authorization, contract, and conflict resolution issues space asset mechanisms must be addressed. To incorporate space-related issues into domestic law, it is necessary to amend the laws governing contracts, property transfers, stamp duties, registration, copyright, and patents, among other pertinent statutes.
Private satellite systems are allowed to participate, but there is no legal framework protecting the operator and the state from culpability in the event of damage. Current domestic laws, particularly those governing intellectual property rights (IPR), have not been updated to take space-related issues into account. India has a comprehensive remote sensing national policy, yet no national law. The current practice would run fine as of now, but there is a need to enact a specific law.
The current procedure must be reviewed, especially in light of Article 51 of the Indian Constitution. It should be underlined that the national space law should be balanced with business and should not benefit just one party. Since the Indian Space Programme has always benefited the country, the national space legislation and legal framework ought to continue to do the same going forward.
The Remote Sensing Data Policy, adopted in 2001, includes measures for collection and dissemination, national security, and meeting social requirements and developmental concerns.
Later, the government’s High Resolution Image Clearance Committee eased limits on the supply of satellite data up to 1m resolution. This was made possible by the Remote Sensing Data Policy, 2011, which went into effect. The National Remote Sensing Centre (NRSC) is in charge of collecting and disseminating satellite remote sensing data in India for both domestic and international satellites.
Government of India (GOI) has right to impose control when issues of national security and/or international obligations and/or foreign policies come into place. Implementation of the same policy in all situations (from the day of its announcement) and effectiveness (limited) arise many questions. For example, U.S Commercial satellite Imagery has 0.5m resolution. Therefore policy, Act, treaty and authority must try to balance the need of user community and technology development.
CONCLUSION
India’s space technology is advanced and has demonstrated the ability to send 20 satellites into orbit at once.
To ensure economic efficiency, Indian space must adopt organisational paradigms and collaborative tactics that will prepare it for a quantum leap in technical development.
India must play a significant part in establishing a legal framework that is supportive of the space industry, for balancing public and private interests, and for adapting to the changing global environment. With the primary goal of fostering the early and harmonious development of a national spatial data infrastructure, the Government of India has approved and adopted a comprehensive Remote Sensing Data Policy (RSDP) for the acquisition and distribution of satellite remote sensing data from Indian and foreign satellites for civilian users in India.
The United Nations (UN) has been negotiating with its member nations to create a holistic, all-encompassing space treaty that would address a variety of new concerns related to space research. According to our current Prime Minister, the plan to establish launch vehicle and spacecraft building facilities will be allowed to go in for 100% FDI (Foreign Direct Investment). A comprehensive space law is also required for India, which has made great efforts to use space technology to advance a number of national development and governance initiatives.
REFERENCES
https://www.unoosa.org/oosa/en/ourwork/spacelaw/index.html
https://www.britannica.com/topic/asylum
https://www.wilsoncenter.org/article/global-legal-landscape-space-who-writes-rules-final-frontier
Written by Harshit Jain
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
