INTRODUCTION: WHAT ARE SPACE LAWS?
Space laws is one of the many specialised branches of the legal field that exclusively deals with international treaties, conventions and United Nations Resolutions, about rules, principles, and standards governing outer space. Space Laws govern a variety of legal quandaries, such as preserving land and space environment, liabilities arising out of damages being caused by space objects, laws relating to the rescue operations carried out for astronauts in cases of unfortunate accidents in outer space, accumulation of space junk due to abandoning of satellite or rocket machinery parts leading to space pollution. There has been global advancement in space exploration over the years and consecutively need for space laws to regulate government space programs and corporate organisations have increased. India has made remarkable progress in its space programme by achieving some remarkable accomplishments in its space missions, but it has not been able to develop a concrete domestic legal framework that governs the Indian Space Programme exclusively.[1].
WHO ARE SPACE LAWYERS?
Space law as a legal profession governs a wide range of legal services that support ambitions for future space ventures, developments of space technology, and privatization of space industries while ensuring legal norms are complied with and responsible and sustainable usage of space resources is ensured. Space lawyers provide legal advisory services to both the government and private industries while interpreting and applying relevant international or domestic provisions to draft efficient contracts that comply with all legal norms. Working closely with policymakers, and government officials, they can help them address legal issues related to space activities. In the private domain, they are concerned with handling IPR laws, negotiation of agreements, as well as navigation of license and safety standards while representing their clients in proceedings arising due to liabilities incurred from space activities[2]. In India, this field is relatively unexplored and under development but still, various law firms provide legal services regarding space-related matters and cater to the needs of the government and private space industries.
INDIA’S ACHIEVEMENTS IN SPACE
India began its space programme in the early 1960s, a time when all the major countries around the globe were carrying out their space programmes. Dr. Vikram Sarabhai is considered to be the founding father of India’s Space Programme. In 1969, in November, India’s Space Programme (ISRO) gathered an institutional shape, with the establishment of the Indian Space Research Organization. ISRO has launched numerous successful space missions starting with Aryabhatta, India’s first satellite. In 2008, India launched its first satellite to the moon, Chandrayaan-1 and carried out experiments to study the moon’s surface. In 2013, India scored a remarkable achievement by successfully sending a satellite (Mangalyaan) to Mars on its very first attempt. In 2019, India sent another satellite to the moon named Chandrayaan 2 and is now preparing itself for Gaganyaan, which is the mission that plans to take astronauts from India for the very first time to space. India has from time to time collaborated with foreign space agencies such as NASA in carrying out advancements in space research and technologies. Attempts to develop technologies for, much more advanced space development programs in future are being carried out. By providing for commercial satellite launch programmes ISRO aims to boost India’s space industry and economy.[3].
WHAT IS THE SCOPE AND NEED FOR SPACE LAWS IN INDIA?
The Space Activities Bill, of 2017[4] is primarily concerned with India’s Space activities. This bill provides the main framework to govern and authorize the various space activities conducted by the government and private corporations. It also regulates the various domains of space activities such as licensing, registrations, safety protocols, security measures and liabilities. The bill makes sure that all space ventures comply with national and international norms. Though India does not have a concrete domestic legal framework for space laws, it is a signatory to various international treaties and agreements that are related to space, namely the Outer Space Treaty (1967) which governs the peaceful use of outer space, international cooperation and preventing harmful contamination of space due to accumulation of space junk[5]. The Space Activities bill also contains provisions relevant to liabilities and insurance facilities to compensate for damages caused by space objects. Though the bill provides a foundation stone for the development of space laws in India, a more comprehensive and holistic development of space laws as a whole which includes further legal enactments, and complementary regulations is required. Space law covers under it a broad spectrum of legal-related issues which include issues of national security, protection of the environment, intellectual property rights international as well as ethical considerations. Certain areas of space activities such as dealing with space debris, effective utilization of space resources, and communications through satellites, would be governed better if they were treated as separate sectors under the broad umbrella of Space Laws as a whole and had separate acts or regulations governing each of them. Innovations made in the field of development of space technologies, very much require the protection of intellectual property rights to promote commercialization and development, thus specific laws need to be made that exclusively address the intellectual property rights associated with space activities. It goes without saying how critically important space assets are for national security, defence purposes and disaster management. Legal provisions need to be developed to protect and preserve sensitive technologies and data and make sure that militarization of space does not take place taking into consideration the probable strategic interests of countries to dominate outer space to further their national interests which might be detrimental on the international platform. Space ventures can raise environmental concerns, as often space junk falls back to earth, and damages the surroundings. Considering the very probable chances of failures in space missions creates the need to utilize resources on space programmes very carefully and come up with measures to deal with the mitigation of space debris. Dedicated laws need to be developed to address such concerns as well as to enhance India’s credibility and international collaboration and cooperation with foreign space agencies to participate in global initiatives. These laws would collectively contribute to a robust legal framework that supports India’s ever-increasing space ambitions and the associated responsibilities.
THE GLOBAL SCENARIO: UK, AND USA.
The Outer Space Treaty, of 1967 is considered the founding stone of international space law. It is an amalgamation of five international agreements on space law which consists of peaceful usage of outer space, preventing space from becoming militarized, liabilities arising from damages caused by space debris, etc. The Liability Convention 1972, the Registration Convention 1975, and the Rescue Agreement 1968 further elaborate on the provisions of the Outer Space Treaty[6]. The United Kingdom and the United States of America have well-established space laws governing their space ventures. In 1958, the USA passed the National Aeronautics and Space Act, through which, the National Aeronautics and Space Administration (NASA) to institutionalised and supervised its space activities. The Outer Space Act, passed in 1986 in the UK governs and regulates how the citizens and private sectors can engage in space activities.
BENEFITS OF DEVELOPING SPACE LAWS IN INDIA
It is essential to understand that this blog advocates for the need to develop a comprehensive domestic law on space activities. Such a step taken would ensure proper regulation of space exploration activities, satellite technology development and so on. This ensures the maintenance of order, safety, and prevention of misuse of space resources. A comprehensive set of laws exclusively governing space laws in the country would help India invite foreign partners for joint space ventures. It would indirectly strengthen India’s diplomatic relations with the rest of the world and also ensure the exchange of scientific knowledge. Clear-cut differences in regulations encourage more involvement on behalf of the private sector, and the development of space-related industries which may result in the formation space industry ecosystem which includes the manufacturing of satellites, space tourism, and more of the like. This would promote domestic industries related to space activities. Since “Laws” are made in the first place to protect individuals, space laws development can establish liability frameworks in cases of accidents or damages resulting from space activities. This enables parties to be held accountable and victims to be compensated. Space laws can define property rights and regulate the usage and extraction of space resources such as minerals or water. In the event of disasters, having a domestic set of space laws will facilitate rapid action and remedial measures as there would be no lengthy international formalities which may result in unnecessary delays.
CONCLUSION
As we look forward towards the future, the development and enforcement of a comprehensive set of domestic space laws will be important for achieving the full potential of space exploration which would ultimately result in the benefit of all humankind. This would enhance India’s sovereignty in the domain of space research and exploration as a whole.
Author(s) Name: Arno Dasgupta (Department of Law Calcutta University)
References:
[1] Abhishek Singh, ‘Space Laws – Indian Perspective’ (CyberPeace, 24 January 2023) < https://www.cyberpeace.org/resources/blogs/space-laws-indian-perspective> accessed 24 June 2024
[2] Michael Morales, ‘What Do Space Lawyers Do?’(Legal Career Path)<https://legalcareerpath.com/space-law/> accessed 24 June 2024
[3]‘ Important Missions Launched by ISRO’(BYJU’s Exam Prep, 13 September 2023)<https://byjusexamprep.com/state-psc/isro-missions> accessed 26 June 2024
[4] ‘Space Activities Bill: India’s great galactic leap’(Financial Express, 2 July 2019)<https://www.financialexpress.com/life/science-space-activities-bill-indias-great-galactic-leap> accessed 23 June 2024
[5] Kate Howells, ‘What is the Outer Space Treaty?’( The Planetary Society, 14 May 2024) <https://www.planetary.org/articles/what-is-the-outer-space-treaty> accessed 25 June 2024
[6] ‘Space Law and the Future of Space Exploration’(Drishti IAS, 8 April 2024) <https://www.drishtiias.com/blog/space-law-and-the-future-of-space-exploration> accessed 25 June 2024
