Introduction
Space exploration has evolved significantly over the years, with nations worldwide engaging in a myriad of activities beyond Earth’s atmosphere. This expansion into outer space necessitates a comprehensive legal framework to govern diverse aspects of space-related endeavors. The field of space law encompasses a complex system of international and domestic agreements, regulations, and principles that address issues ranging from space exploration and environmental protection to the ethical considerations surrounding these ventures. India is in the process of creating and suggesting new space laws, recognizing that the current legal framework is insufficient for addressing the novel challenges associated with outer space, which is a relatively recent issue compared to other established legal domains.
Legal framework related to space exploration
Space law encompasses the body of international and domestic agreements, regulations, and principles that govern activities related to outer space. It addresses various aspects such as space exploration, accountability for damages, the use of weapons, rescue missions, environmental protection, information sharing, the regulation of new technologies, and ethical considerations. The launch of new spacecraft continually introduces advanced technologies to address ongoing and emerging global challenges. The significant milestone in 1957 marked by Sputnik, the first satellite to orbit the Earth, paved the way for subsequent successful experiments exploring the possibilities of this new dimension.
For more than fifty years, the United Nations (U.N.) has played a central role in facilitating global governance and legislation related to outer space. In 1958, the U.N. Office for Outer Space Affairs (UNOOSA) was established to support governments in building legal, technical, and political infrastructure to support global space activities[1].
The global space governance system is underpinned by a series of treaties adopted by the United Nations General Assembly (UNGA). The foremost among these treaties is the “Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies,” commonly known as the Outer Space Treaty (OST) (1967). This treaty serves as the foundational framework for international space law, emphasizing the peaceful exploration and use of outer space for the benefit of all states (Article I). It prohibits national appropriation or claims of sovereignty over outer space or celestial objects (Article II), bans the placement of weapons of mass destruction in orbit or on celestial bodies (Article IV), recognizes astronauts as envoys of mankind (Article V), and requires states to supervise the activities of their national entities (Article VI).
In addition to the OST, four other treaties were established to address certain issues and complement the shortcomings of the OST. The second significant U.N. space treaty is the “Agreement on the Rescue of Astronauts, the Return of Astronauts, and the Return of Objects Launched into Outer Space,” commonly known as the Rescue Agreement (1968). This agreement emphasizes the obligation of states to rescue and assist astronauts in case of accidents or emergencies and outlines procedures for returning astronauts and space objects to their launching states.
The third foundational U.N. space treaty is the “Convention on International Liability for Damage Caused by Space Objects,” known as the Liability Convention (1972). It delineates the liability of Launching States for damages caused by their space objects on Earth or in space and provides procedures for settling claims for damages. The fourth treaty is the “Convention on Registration of Objects Launched into Outer Space,” termed the Registration Convention (1976). This treaty mandates the registration of space objects and requires launching states to maintain a registry of their space objects, providing the U.N. with relevant information.
Together, these treaties form the basis of international space law, addressing various aspects of space activities, liability for damages, rescue missions, and the registration of space objects.
Space laws in India
Despite recent achievements in space exploration, such as Chandrayaan-3 and the Aditya-L1 solar probe, India currently lacks its own space laws. While the government has encouraged private participation in space exploration and established the Indian National Space Promotion and Authorisation Centre (IN-SPACe) in 2020, the absence of a legal framework hinders progress.
India is a signatory to major international space treaties, including the Outer Space Treaty, the Rescue Agreement, the Liability Convention, the Registration Convention (already ratified by India), and the Moon Treaty. The Space Activities Bill 2017 was introduced by the Indian Government to bring about changes in the country’s space policies. The draft bill has undergone public and legal consultation and is currently awaiting further approvals.
The Department of Space has governed space activities in India since its establishment in 1972, with the Department of Atomic Energy handling administrative activities before that. The need for national space laws or policies in India was not recognized until recently, as outer space was considered an international rather than a domestic issue.
The government’s introduction of IN-SPACe in June 2020 marked a significant step toward commercializing Indian space activities. IN-SPACe serves as a “single window nodal agency” aimed at facilitating the privatization of the Indian space program, sparking discussions on the role of the private sector in space exploration in India.
The government sought to address the legislative gap by introducing the Indian Space Policy of 2023. Still, space law experts pointed out several inconsistencies[2]. The policy allows non-governmental entities to legally own, transport, use, and sell asteroid or space resources, provided they comply with relevant laws and international commitments made by India. IN-SPACe, designated as a single-window clearance agency for space activities, is tasked with establishing a stable statutory structure to ensure fairness for non-governmental entities. However, the specific powers and responsibilities of IN-SPACe lack clarity in the policy document. The policy also highlights ISRO’s transition from manufacturing operational space systems to focusing on research and contributing to national interests.
Conclusion
space law plays a crucial role in governing international and domestic activities related to outer space, encompassing various aspects such as exploration, accountability for damages, weapon usage, rescue missions, environmental protection, information sharing, and ethical considerations. India is in the process of creating and suggesting new space laws, recognizing that the current legal framework is insufficient for addressing the novel challenges associated with outer space, which is a relatively recent issue compared to other established legal domains. As India continues to evolve in its space exploration endeavors, the formulation of robust and transparent space laws becomes imperative. A well-defined legal framework will not only facilitate private sector participation but also ensure responsible and sustainable activities in outer space, aligning with international standards and commitments.
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Written by- Amrita Rout
[1] Sophie Goguichvili, ‘The Global Legal Landscape of Space: Who Writes the Rules on the Final Frontier?’, Wilson Center, October 1, 2021, https://www.wilsoncenter.org/article/global-legal-landscape-space-who-writes-rules-final-frontier
[2] Charu Singh, ‘India Needs A Space Law As It Joins An Elite League’, bqprime, 13 Sep 2023,https://www.bqprime.com/business/india-needs-a-space-law-as-it-joins-elite-space-faring-league#:~:text=U.S.%20and%20Russia.-,Yet%20India%20lacks%20its%20own%20space%20laws.,a%20legal%20framework%20hampers%20progress.
