Abstract
International Space law is a body of legal frameworks, rules, regulations, treaties, and principles that govern the activities of nations in outer space. The Outer Space Treaty of 1967 provides all nations equal rights to explore and utilize outer space peacefully and prohibits the use of weaponization, militarization, space debris, or resources that cause the mass destruction of outer space. It also declares that there are no claims on outer space by any nation or state.
The Liability Convention Act of 1972 provides the rule and procedure to decide the liability of the state which means if any state launches its space objects in outer space and fails or meets with an accident then the state will held responsible for the damages caused by its space objects in the outer space.
The Rescue Agreement of 1968 provides the legal framework for the activities which includes the rescue of astronauts, or any space-related objects where the authority has a responsibility to deliver the space objects and return them to the launching authority.
The registration convention of 1976 provided the legal framework that all the nations must register their space objects before launching and all the details are to be submitted to the UN.
Therefore, international space law is dynamic or ever-changes and critical and reflects humankind and responsibilities to explore and utilize outer space peacefully.
Space Law is generally regarded as a governing body of law that describes space-related activities. It mainly comprises a variety of international treaties, conventions, agreements, the United Nations General Assembly, and the rules and regulations of international organizations.
These cover a variety of regulations like peaceful use of outer space, environmental preservation in space and earth, liability for space-related damages, astronaut rescue operations and protocols, prevention of space militarization, management of space resources, space-related technologies, sharing of any information about any danger in outer space, and fostering international collaborations.
The Office offers guidance and information to governments, non-governmental organizations, and the general public upon request, aiming to enhance awareness, adoption, and implementation of international space law agreements established under the United Nations framework1.
SCOPE OF SPACE LAW
The scope of law is vast and continues to evolve, ensuring a wide range of principles, rules, regulations, and legal frameworks governing human activities to utilize and explore the outer space.
The following is the scope of the Space law2
- The Outer Space is not claimed by any states or territory as no one has a right over space.
- The exploration and utilization of space law ensures the sharing of scientific knowledge and information obtained through the exploration of outer space to avoid any conflicts and misunderstandings.
- It also provides a framework for the regulation of space missions by establishing guidelines for launching, operating, and decommissioning spacecraft.
- All the states are prohibited from deploying nuclear weapons or any other weapons of mass destruction in orbit, celestial bodies, or any other outer space.
- Astronauts are to be recognized as representatives of humanity.
- It serves the Dual-use Technologies that manage the legal implications of technology that can serve both military and civilian purposes.
- States shall be held responsible or accountable for conducting the space-related activities under their jurisdiction, whether, by governmental or non-governmental entities.
Importance of Space Law in Modern Context
- Space Law is significantly developed with the emerging technologies in the Modern Era. It addresses the legal framework of complexities related to space activities to ensure that these activities are performed with due safety, peacefully, and sustainability.
The following are the importance of space law in the modern era:
- Regulating Outer Space activities:
- Space law plays a crucial role in regulating the conduct of various activities that take place in space such as satellite operations, satellite launches, space exploration, or utilization and the commercialization of the space. It must be carried out for the interests of mankind, maintaining international peace and security to promote international cooperation and prevent no countries have any ownership over space or celestial bodies3.
- Commercialization and Private Sector Involvement:
- The role of space law in regulating private space exploration and commercialization has significantly increased with the rise of private companies like Space X, Blue Origin, and others emerging in the space industry.
- Under Article 2 of the Registration Convention 1975, each state must register all space objects under their jurisdiction before launching them into outer space to ensure that if any accident occurs, liability can be attributed to the launching state. The launching state should inform the Secretary-General of the United Nations about the establishment of its registry which ensures and maintains a centralized record of all registered space objects globally to ensure fair practices and prevents monopolies4.
- Space Debris and Environmental Protection:
- 'Space Debris' refers to man-made objects including fragments, and elements, in Outer Space as private firms and other nations develop Mega Constellations in Low Earth Orbit5.
- The so-called debris of sizes is bigger than one centimeter in Diameter. These pieces of debris are hazardous because no shielding is possible against them. Therefore, they can destroy large objects in space like satellites which makes it necessary to think about this problem.
- If any space objects cause accident or damage under their jurisdiction then it comes under The Liability Convention. Article 3 of the draft article's states that the state of origin shall take all appropriate measures to prevent significant transboundary harm or at any event to minimize the risks6.
- International Cooperation:
- Space exploration requires collaboration between nations and private entities, often exceeding national borders. The United Nations is the only multilateral forum that is responsible for all the discussions relating to space security issues7.
COMPARISON OF MAJOR INTERNATIONAL CORPORATION EFFORTS
|
Prevention of the Placement of weapons in outer space |
International Code of Conduct |
Group of Governmental Experts' Report on Transparency and Confidence-building Measures |
Long-Term Sustainability Working Group (Draft Guidelines) |
|
|
Proposing Entity |
Russia and China |
European Space Agency |
United Nations General Assembly |
UN Committee on the Peaceful Uses of Outer Space |
|
Legal Status |
Legally-binding Treaty |
Voluntary Agreement |
Voluntary Guidelines |
Voluntary Guidelines |
|
Conduct Guidelines |
. No weapons in outer space . No use of Force or threats against space objects |
. Implementing debris mitigation guidelines of the Inter-Agency Space Debris Coordinating Committee to minimise risk of collisions. |
It implements the other guidelines developed through the UN Committee on the Peaceful Use of Outer Space (COPUOS). |
. They have proper structure, and procedure with competencies of planning and conducting sustainability space activities. |
|
Transparency and confidence-building measures |
The Executive Organisations of the Treaty will gather and share any information submitted by the Parties, although the specified details of the information to be provided are not defined. |
. Notifications of launches, re-entries, Malfunctions, and collision risks. |
. Countries share information about policy, goals, registrations, ownership, military expenditures, and parameters of orbital space objects. |
. Countries share information by developing mechanisms, and procedures with proper planning for information exchange on space activities, debris, and space weather. |
|
Resolving grievances |
. States are worried about the violation of the policy, so they request firstly clarifications and then consultations. |
. States impacted by actions that violate the code may seek consultations to arrive at mutually agreeable solutions. |
Not Present |
Not Present |
|
Outreach and Support |
Not Present |
It is supported especially by developing countries. |
It is recommended and remarkably within the UN system. |
. These are the guidelines that raise public awareness relating to the sustainability of the Space. |
CONCLUSION
International space law is at a crucial juncture with increased private sector participation and technological advancements. While the Outer Space Treaty provides a foundational legal framework, it does not adequately address emerging challenges like space debris, environmental concerns, and militarization. There is an urgent need for clearer regulations, particularly concerning private sector involvement, liability, and licensing. Effective cooperation at national and international levels is essential to ensuring sustainable and peaceful space exploration for humanity's benefit
Footnotes
1 'Space Law' https://www.unoosa.org/oosa/en/ourwork/spacelaw/index.html> accessed 20 December 2024.
2 'The Outer Space Treaty' https://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties/introouterspacetreaty.html accessed 20 December 2024.
3 Mohammad Saiful Islam, 'The Sustainable Use of Outer Space: Complications and Legal Challenges to the Peaceful Uses and Benefit of Humankind' (2018) 9 Beijing Law Review 235.
4 Biswanath Gupta and Dr Raju Kd, 'COMMERCIALISATION OF OUTER SPACE ACTIVITIES: NEED FOR A LEGAL REGIME IN INDIA'.
5 'What's the Environmental Impact of Space Debris and How Can We Solve It?' (World Economic Forum, 13 July 2022) https://www.weforum.org/stories/2022/07/environmental-impact-space-debris-how-to-solve-it/ accessed 21 December 2024.
6 Stephan Hobe, 'ENVIRONMENTAL PROTECTION IN OUTER SPACE: WHERE WE STAND AND WHAT IS NEEDED TO MAKE PROGRESS WITH REGARD TO THE PROBLEM OF SPACE DEBRIS' 8.
7 'IV. INTERNATIONAL COOPERATION FOR SPACE SECURITY from Space Security for Europe on JSTOR' https://www.jstor.org/stable/resrep07091.8?seq=13 accessed 22 December 2024.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
