ANALYZING THE LEGAL ASPECTS OF SPACE EXPLORATION AND THE PRIVATIZATION OF OUTER SPACE

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This article is written by Parshvi Chopra of 2^nd Semester of PES’s Modern Law College, Pune

Abstract –

Past dew decades have witnessed a steep increase in humanity’s interest and interference in the outer space making it necessary to establish governing and regulatory laws regarding space exploration and exploitation.

Space Laws were the born in the cold war era after the launch of Sputnik-1 by the USSR in 1957 and an active race for exploring the outer space took between both the actors of the initial developers of space laws namely- USSR and United States of America started taking place.

The United Nations Committee on the Peaceful Uses of Outer Space was set up in 1959 to govern the exploitation and use of space for the benefit of humanity, peace, security and development[1]. The committee has two bodies: The Scientific and Technical Subcommittee and The Legal Subcommittee.

Keywords–

Exploration, Exploitation, Scientific and Technical, Legal.

The Committee was instrumental in drafting of five treaties of outer space. These are-

The Outer Space Treaty-

“Treaty on principles governing the activities of States in the exploration and use of outer space, including the Moon and other Celestial bodies”.[2] Accordingly to the treaty-

No nation can claim sovereignty over Space, the Moon, or any other body. Space exploration is for the benefit for all and any Nation can explore orbit or beyond. Use of weapon of mass destruction are forbidden and The Celestial bodies can only be used for peaceful purposes. Any astronaut is an “envoy of mankind” and signatory states (113 as of March 2023) must provide every possible assistance to them in need, including emergency landing in a foreign state or sea. The treaty also provides that each signatory state is responsible for their own space activities. Nations are themselves responsible for the damage caused by their space objects and must avoid contaminating the space and celestial bodies.

The Rescue Agreement –

“This is the agreement on rescue of astronaut, the rescue of astronaut and return of objects launched into outer space”. 2 The signatories agree to rescue and help astronaut and if applicable return them to the nation from which they were launched and also rescue and return sponsoring object that land on any other part outside the country from where they were launched.

The Moon Agreement –

“The agreement governing the activities of States on the Moon and Other Celestial bodies”.2 According to the agreement, celestial bodies can only be used for peaceful purposes.

Celestial bodies should only be used for peaceful purposes, they should not be contaminated and UN should be made aware of any station on any non-Earth body

The Liability Convention –

“The convention on International liability for damage caused by space objects”.2 Signatories are fully liable for any damage caused by their space objects and agree to standard procedure for adjudication of such damages claims.

The Registration Convention

“The Convention on registration of Objects launched into Outer space”

According to the convention the power is rested with the UN secretary general to maintain a register of all space objects.

Another prominent issue of space exploration is ‘Space Debris’. Space debris is the junk left by humans in the outer space. One such example is dead satellite which has failed or has been left in the orbit after the accomplishment of its mission. This is one such issue which as of now is not prominently dealt by any of the UN treaties or any other space law.

The issue of space resource utilization, including mining of asteroids and other celestial bodies, is a developing area of space law. The legal status of space resources is addressed in international discussions and initiatives, aiming to establish guidelines and frameworks for their exploitation.

‘Space Law’ has emerged as a new branch of law and will see continuous evolution in the forthcoming times owing to the constant new discoveries and developments being made relating to space and celestial bodies.

Privatization of Outer Space: –

After the interfere of private stakeholders like Jeff Bezos, Richard Branson, Elon Musk and Paul Allen at the helm of Companies like Blue Origin, Virgin Galactic, SpaceX and Stratolaunch Systems, Space Exploration does not remain a domain of public or government matter.

The privatization of space activities has opened up new opportunities and challenges in terms of legal aspects. Here are some key legal considerations related to the privatization of space:

Commercial Space Law: As private companies increasingly engage in space exploration and utilization; legal frameworks have evolved to accommodate commercial space activities. National laws and regulations are developed to address licensing and authorization of private space launches, satellite deployments, and other commercial space operations. These laws ensure safety, compliance, and protection of national interests while enabling private sector participation.

Liability and Insurance: Private space companies are required to assume liability for their activities, including damages caused by their space assets. Liability frameworks outline the responsibilities and obligations of private operators in case of accidents or collisions. Insurance coverage is often obtained by private companies to mitigate financial risks associated with space missions and potential liabilities.
Intellectual Property Rights: Private companies involved in space exploration often develop proprietary technologies, inventions, and innovations. Intellectual property rights, such as patents, trademarks, and copyrights, allow these companies to protect their investments and establish ownership over their intellectual assets.
Space Traffic Management: With an increasing number of satellites and spacecraft in orbit, the need for effective space traffic management has become crucial. The legal aspects related to space traffic management involve the development of regulations, guidelines, and best practices to ensure safe and efficient operations, collision avoidance, and coordination among various space actors.
Resource Utilization and Property Rights: The question of property rights and resource utilization in space is a complex and evolving legal issue. The privatization of space has raised discussions about the ownership and exploitation of space resources, such as asteroids and lunar materials. International discussions and initiatives are underway to establish legal frameworks and guidelines for resource utilization while considering the principles of equity and the common heritage of mankind.
Space Tourism Regulations: The emergence of space tourism has necessitated the development of specific regulations and safety standards. Governments are working on licensing and regulatory frameworks to ensure the safety of passengers, establish liability provisions, and address potential risks associated with space tourism activities.
Data Protection and Privacy: As space missions generate vast amounts of data, including imagery and communications, privacy and data protection become relevant concerns. Regulations are being developed to safeguard personal data collected and transmitted during space activities, ensuring compliance with relevant data protection laws.
International Collaboration and Coordination: The privatization of space has led to increased collaboration and partnerships between public and private entities at the national and international levels. Legal frameworks facilitate cooperation, information sharing, technology transfer, and coordination among different space actors to promote peaceful and responsible space exploration and utilization.
Licensing and Authorization: Governments play a crucial role in regulating private space activities by granting licenses and authorizations. Private entities seeking to engage in space exploration must comply with specific requirements and obtain the necessary approvals from relevant authorities. Licensing and authorization processes ensure safety, security, and compliance with international obligations.

It’s important to note that the legal aspects of privatization of space are continuously evolving as the industry grows and new challenges arise. Governments and international organizations are actively working to develop and update legal frameworks to address these aspects and promote a sustainable and inclusive space industry.

Recent Developments in Space Laws-

Some recent developments relating to space laws are as follows –

1.Artemis Accords: In 2020, the United States initiated the Artemis Accords, a set of principles aimed at guiding international cooperation for lunar exploration. The accords cover topics such as transparency, interoperability, and sustainable use of space resources.

2. Space Resource Utilization: Several countries and organizations have been exploring the legal framework for space resource utilization. The United States passed the Commercial Space Launch Competitiveness Act in 2015, stating that US citizens have the right to own and sell resources they obtain from celestial bodies. Luxembourg and the United Arab Emirates have also enacted laws supporting the commercial utilization of space resources.

3. Space Traffic Management: As space activities increase, concerns about space debris and collision risks have grown. Efforts are being made to establish a comprehensive framework for space traffic management to ensure the safe and sustainable use of outer space. Various countries and organizations are working on guidelines and best practices, including the United Nations Office for Outer Space Affairs (UNOOSA).

4. Small Satellite Regulations: Small satellites, often referred to as CubeSats or nanosatellites, have become increasingly popular due to their lower costs and easier deployment. However, their proliferation raises concerns about space congestion and interference. Regulatory bodies are working to establish guidelines for the responsible operation and management of small satellites.

5. National Space Legislation: Many countries are developing or revising their national space legislation to address the evolving needs of the space industry. These laws cover a wide range of aspects, including licensing, liability, spaceports, and commercial space activities.

Conclusion: –

As space exploration and technology advances there will be increase in competition and disputes over various matters among nations, and among private stakeholders which will raise questions of peace. Thus, Space Laws will also need to advance to keep up with the changing politics around space exploration.

References –