INTRODUCTION
Meanwhile, as humanity prepares to venture further into space, the law in space begins to change. In recent years, the twentieth century has witnessed the rapid rise of space exploration concerns, including not only governmental space agencies such as NASA and ESA but also the establishment of a new sector of business engaging in space exploration. However, this new frontier creates a variety of legal issues that must be addressed to ensure that space exploration is secure, viable, and equitable. The established agreements and rules that were historically employed in space activities are straining to keep up with the emergence of commercial use, multi-national cooperation, and new technology.
In this blog post, we will address the major issues and emerging developments in space law as we enter a new era of space exploration. The following subjects will be covered: Various space law statutes in India and around the world, as well as legal challenges against space law. We’ll explore at how the law is changing to accommodate the new era of space utilization and development. As we prepare for human exploration and exploitation of space beyond Earth, these legal considerations are crucial in ensuring that space exploitation by various countries, space corporations, and other entities is responsible and purposeful, serving the interests of all space-faring nations.
ORIGIN OF SPACE LAW
Space Law is a part of international law that governs members’ behaviour and operations in outer space above the Earth’s lower atmosphere.[1] The formation of space law began with US President Dwight D. Eisenhower’s proposal of the concept of space law to the United Nations in the latter part of 1957 about disarmament. The launch of Soviet satellite Sputnik 1 in 1957 signalled the start of the artificial satellite era, which was followed by the launch of US satellite Explorer 1 in 1958, prompting both the United States and the USSR to express a strong interest in building an international space policy. Thus, it was established that previous laws of sovereignty, which allow any nation to capture lands without peoples or civilizations, are impossible in space territories, and that nations cannot continue to extend the borders of their domains into the space areas above them. A permanent Outer Space Committee was founded in 1959 to monitor compliance with the United Nations Charter and other international space regulations, clearing the path for peaceful space exploration.
The signing of the Outer Space Treaty in 1967, which defined the basic concepts of space law, was a watershed moment. Following this convention, additional accords that helped build legal regimes in space included the Rescue Agreement (1968), the Liability Convention (1972), and the Registration Convention (1976). All of these treaties emphasize the non-use of celestial bodies, state accountability for space-related national activities, and collaboration. The Moon Agreement (1984) on the Moon and other celestial bodies expanded upon these ideas, requiring all states to protect the shared heritage of space resources. As space exploration developed, commercialization of space operations arose, and to deal with the new challenges, countries began enacting national space laws in addition to international agreements. Currently, authorities such as the United Nations Committee on the Peaceful Uses of Outer Space are working to define and revise the rules that govern human operations in space. What legal frameworks apply to any space-faring nation, where are they required, and how can they meet national claims to space resources while not harming the overall development of the space program?[2]
INTERNATIONAL SPACE LAW
International space law refers to the norms that govern operations and exploration beyond Earth’s atmosphere. The five treaties that the United Nations (UN) adopted through the Committee on the Peaceful Uses of Outer Space of the General Assembly serve as the main foundation for this legal system. The development of international space law has been greatly aided by UNCOPUOS.
SPACE LEGISLATIONS
The Outer Space Treaty
The Outer Space Treaty, originally the Treaty on Principles Governing States’ Activities in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, came into force in October 1967. Members of the Outer Space Treaty are held internationally accountable for their actions in outer space, which includes the moon and other celestial bodies, regardless of whether these operations are carried out by states or non-governmental organizations (NGOs).
The Rescue Agreement, 1968
The Agreement on the Rescue of Astronauts, the Return of Astronauts, and the Return of Objects Launched into Outer Space, officially known as the Rescue Agreement, is an international agreement outlining states’ responsibilities for the rescue of space workers.
The Liability Convention, 1972
Liability for damage related to space is defined by the Liability Convention, which came into effect on September 1, 1972. Notably, the state is held internationally liable by this convention rather than private persons. States are encouraged to enact national legislation to protect their interests during cooperative space exploration and to lessen liability in the event of damage. However, even if such legislation is not passed, the treaty’s duties still apply.[3]
Registration Convention (1976)
States have to register space objects with the United Nations Office for Outer Space Affairs (UNOOSA) to encourage accountability and transparency in space. The registration must include information about the object, its orbit, and the launch status.
Resolutions of the UN General Assembly
Some non-binding but influential resolutions include The forerunner of the Outer Space Treaty and the Declaration of Legal Principles (1963) laid forth the early legal foundation. The Remote Sensing Principles (1986), these guidelines control satellite-based Earth observation operations. The utilization of nuclear power sources in space is covered in Principles on Nuclear Power Sources (1992). The Space Benefits Declaration (1996) states that all nations, regardless of their level of space capability, should profit from space operations.[4]
Role of International Telecommunication Union
To maintain uninterrupted connections, the International Telecommunication Union (ITU) controls the worldwide usage of radio frequencies and satellite orbits. ITU oversees the coordination and registration of satellite networks, allows certain frequency bands for satellite services, and encourages fair access to both geostationary and non-geostationary orbits through its legally binding Radio Regulations. In addition to addressing new issues such as satellite mega-constellations, ITU helps reduce space debris by hosting World Radiocommunication Conferences and publishing recommendations.[5]
NATIONAL SPACE LAW OF INDIA
India’s domestic legislation in space law is still in a developing stage, and several policies govern India’s space activities. The Satellite Communications Policy (SATCOM Policy), formulated in 1997 has been restricting foreign satellites while paving way for the Indian Private players to use Indian satellites for Telecommunication and Broadcasting thus providing the entry point for commercial satellite systems in India. The Acquisition and Disposal of Remote Sensing Data Policy of 2011 caters for the acquisition and distribution of RS data while barring anyone from using this kind of data in a manner that is prejudicial to the nation’s security while also providing for loose usage of RS data for various usage. India cannot still boast of a complete code of law governing space activities, but the Space Activities Bill (Draft) of 2017 is a good starting point for governing the conduct of space activities by both governmental and non-governmental actors, treatment of issues of concern such as liability and safety and treaty compliance. Further, there are several policies and guidelines issued by the Indian Space Research Organisation (ISRO), which encapsulate rules and regulations regarding satellite launches, joint ventures with private players, and data usage. Although the Indian space industry is still in a hectic growth phase, there is a need to enhance the legal framework that can cope with the modern trends in the space business.[6]
LEGAL CHALLENGES IN THE WAY OF SPACE LAW
Global interactions in space activities are becoming increasingly diversified and sophisticated, creating a challenge for Space Law. There are few unifying principles of general international law that govern the various and ever-expanding debates in space. The Outer Space Treaty of 1967, often regarded as the cornerstone of space law, fails to fully address contemporary issues such as space tourism, asteroid mining, and a variety of private and commercial endeavours.
Other difficulties that are very complex include space debris, commonly known as space debris management. With existing and new nations and private enterprises putting satellites into space, the possibility of collisions and debris creation raises the problem of the space industry’s long-term viability. However, Conventions such as the Liability Convention are silent on debris mitigation or duties for debris management, which leads to conflict.
Another developing and problematic topic is the equal utilization of outer space. Third, it is acknowledged that current space law provides unfair benefits to spacefaring nations, posing obstacles for space-exploring underdeveloped countries. The distribution of orbital slots and frequency bands, as controlled by the International Telecommunication Union (ITU), demonstrates the necessity for pro-space laws that allow fair use of space assets.
Additionally, the topic of military usage of space raises a legal challenge. The militarization of space. While the 1967 Outer Space Treaty prohibits the employment of mass destruction weapons in space, it is unclear if conventional weapons or anti-satellite technologies are permitted, causing friction and potentially leading to future combat in outer space. These international legal disputes highlight flaws in the current treaties, as well as the necessity for new and extended treaties to adequately handle the demands of the new space era.[7]
CONCLUSION
With advancements in technology especially in the twenty-first century, space law cannot keep up with modern technological development. Current and emerging commercial space activities, the threat of space debris, and the militarization of outer space necessitate the upgrade of the existing international and domestic laws. The case presented at this stage makes it more pressing to develop clear-cut and fair global space laws that will support nations and entrepreneurs in their efforts to explore space while making sure space remains open for the common good of all people.
Author(s) Name : Purva Mehta (Dr. BR Ambedkar National Law University)
References:
[1] Space law, ‘Space law’ (Unoosaorg, June 19, 2024) https://www.unoosa.org. accessed 4 October 2024
[2] Editors of encyclopaedia britannica, ‘Space Law international treatises and agreements’ (Britannica, April 19, 2021) https://www.britannica.com accessed 4 October 2024
[3] Drishti ias, ‘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 4 October 2024
[4] Diplo, ‘Six resolutions related to outer space adopted at UNGA 78’ (Diplomacyedu, 15 January, 2024) https://www.diplomacy.edu/updates/six-resolutions-related-to-outer-space-adopted-at-unga-78/ accessed 4 October 2024
[5] Itu, ‘Space procedures’ (Ituint, 10 April, 2024) https://www.itu.int/itunews/ accessed 4 October 2024
[6] Mr abhishek singh, ‘Space laws: Indian Perspective’ (Cyberpeace, 24 January, 2023) https://www.cyberpeace.org/resources/blogs/space-laws-indian-perspective accessed 4 October 2024
[7] Raghav sharma, ‘Emergence Of Space Law And The Challenges In Space Law Domain’ (Legal Services India, 2024) https://www.legalserviceindia.com/legal/article-14997-emergence-of-space-law-and-the-challenges-in-space-law-domain/ accessed 4 October 2024
