SPACE LAW & POLICY: CRITICAL STUDY OF INTERNATIONAL LEGAL REGULATION

This article is written by Muskan Kumari of 4^th Semester of Army Law College, Pune, an intern under Legal Vidhiya

Abstract

This article presents a thorough review of space law and policy with a particular emphasis on the analysis of international legal norms. It examines the changing nature of space activities, the difficulties presented by technology development, and the ramifications for international cooperation. The essay evaluates the efficacy of current legal frameworks in handling developing challenges such space debris, commercial exploitation, and military actions by looking at significant treaties, agreements, and case studies. The study aims to advance knowledge of the difficulties of space law and policy, emphasising the demand for flexible and cooperative strategies to ensure the peaceful and sustainable use of space.

Keywords

Space, Space Law, COPUOS, Satellite, Outer Space Treaty, Moon Agreement, ISS, Ratifying International Treaties

Introduction

The actions and conduct of nations, organisations, and people in space are governed by space law, a specialised area of international law. It includes a collection of laws, treaties, agreements, and rules that direct the investigation, utilisation, and exploitation of space resources. The need for a legal system to govern the constantly growing territory of space became clear as humanity expanded beyond our planet.

The significance of space law is seen in its function as a cornerstone for preserving harmony and collaboration in the study and use of space. There is a greater chance of conflicts and disagreements as more countries and private organisations conduct space activities. In addition to encouraging peaceful uses of space, protecting the environment, and ensuring equitable access to celestial bodies and resources, space law also works to avoid militarization of space.

In addition, space law deals with important concerns including responsibility for harm caused by space objects, tracking the ownership and route of space objects, and accountable use of space to reduce the production of dangerous space trash. The international cooperation in scientific research, interactions, forecasting the weather, navigation, and other areas is fostered by the legislative framework for space law.

The Importance of space law keeps expanding in a context of quickening technological development and rising business interest. It not only directs the action of nations but also that of commercial players, ensuring that the advantages and opportunities brought about by the exploration of space are balanced with the duties and commitments to uphold the security, sustainability, and safety of the space environment.

Historical Overview

The advancement of space laws has progressed in tandem with humankind’s discovery of the universe. Here are some significant events and agreements in the development of space law:

1. 1957 – 1960s : The first step in space exploration was the Soviet Union’s Sputnik 1 launch in 1957. The Committee on the Peaceful Uses of Outer Space (COPUOS), which was founded by the UN in 1959 to handle the legal and technical facets of space operations, was created in response.
2. 1967 – Outer Space Treaty : The Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, often known as the Outer Space Treaty, was established in 1967. It established guiding concepts including banning the deployment of nuclear weapons in orbit and establishing planetary sovereignty.
3. 1968 – Rescue Agreement : It was decided to establish the Agreement on the Rescue of personnel, the Return of Astronauts, and the Return of Objects Launched into Outer Space in order to guarantee the rapid return of personnel in need and the secure return of spacecraft to their launch state.
4. 1972 – [1]Liability Convention : The Liability Convention, also known as the Convention on International Liability for Damage Caused by Space Objects, established a liability system for damage caused by space objects and made launching governments responsible for harm done to other nations or their space assets.
5. 1984 – Moon Agreement : A complete legal framework for utilising and exploring heavenly bodies, including resource extraction, was sought by the Agreement Governing the Operations of States on the Moon and Other Cosmic Bodies. It has not, however, received widespread ratification and has little influence.
6. 1976 – Registration Convention : As part of increasing openness and accountability, governments are required by the Convention on Registration of Objects Released into Outer Space to provide information about the objects they launch into space to a UN registry.
7. 1998 – International Space Station (ISS) Agreement : A legal framework for the use and operation of the International Space Station is outlined in the ISS Agreement between multiple space agencies, addressing concerns including legal authority, accountability, and intellectual property.
8. 2008 – Space Debris Mitigation Guidelines : To lessen the production of space debris and support sustainable space activities, the United Nations Space Debris Mitigation Guidelines give guidelines.
9. 2015 – Commercial Space Launch Competitiveness Act : This U.S. law, which confers ownership rights to resources taken from celestial bodies despite not being an international treaty, has raised questions regarding the legality of private ownership of space resources.

These landmarks and agreements show how space law has evolved through time, adjusting to new technology, difficulties, and opportunities brought on by humanity’s continual space exploration.  

International Treaties and Agreements

Let’s examine the main conventions and accords that constitute the framework for international space law :-

1. [2]Outer Space Treaty (1967) : One of the most important pieces of space law is this historic convention, officially known as the convention on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies. It forbids the implantation of nuclear weapons and other WMDs in orbit or on heavenly bodies. Additionally, it places a strong emphasis on space exploration for peaceful purposes, forbids space acquisition by any government, and mandates that all space activities serve the interests of all nations.
2. [3]Rescue Agreement (1968) : The Rescue of Astronauts, Return of Astronauts, and Return of Objects Launched into Outer Space Agreement is concerned with the safe return of astronauts in crisis and the return of space objects to their launch state. According to this agreement, if an object or astronaut lands on another country’s soil, that nation is obligated to help them and return them safely.
3. Liability Convention (1972) : The principles of liability for harm caused by space objects are outlined in the Convention on International Accountability for harm Caused by Space Objects, sometimes known as the Liability Convention. It defines the launching states’ accountability for damage done to other nations’ or their own space objects by their space objects. This promotes responsibility and responsible space activity.
4. Registration Convention (1976) : Every space object that a country launches must be registered with a United Nations registry, according to the Convention on Registration of Objects Launched into Outer Space. The management of space traffic and the avoidance of collisions are made easier and more transparent as a result, which also helps with object identification.

Together, these treaties lay the groundwork for global cooperation, the peaceful use of space, safeguarding the environment, and liability management. They cover a variety of important topics associated to space activities, such as managing liability in the event that space debris or other objects cause damage as well as the prevention of military conflict in space. These legal documents have been significant in creating the standards and regulations that direct governments and other organisations in their investigation and use of space.

Principles of Space Law

Taking a closer look at the fundamentals of space law :-

1. Principle of Peaceful Use : Space law’s foundational tenet is the idea of peaceful use. It declares that only peaceful uses of weapons of mass destruction and other weapons of mass devastation are allowed in orbit or on celestial bodies, and forbids their deployment there. This principle promotes international cooperation and collaboration as well as the use of space for non-military purposes such as communication, exploration, and scientific study.
2. Principle of Non-Appropriation : According to the principle of non-appropriation, no state has the right to claim the Moon or any other celestial body as part of its sovereign territory. No country may claim ownership of any territory in space. This principle assures that space is a shared resource for the betterment of all people and precludes disputes over territorial claims.
3. Principle of Freedom of Exploration : The right of all states to freely explore and utilise space is guaranteed by the freedom of exploration principle. This idea supports unrestricted use of space for peaceful, commercial, and scientific objectives. It encourages a collaborative and inclusive technique for space exploration by outlawing any interference with other states’ exploration and activities in space.  

Together, these guiding principles seek to sustain a tranquil and cooperative atmosphere in space, avoid conflicts, and guarantee that the advantages of space research and utilisation are distributed fairly among all countries. They guide the evolution of international space law and influence the conduct and obligations of nations and other entities involved in space activities.

Space Activities and Regulation

Let’s examine diverse space activities and the laws that govern them under international law :-

1. Satellite Launches : The launch of satellites is a frequent space activity for scientific study, weather forecasting, communication, and navigation. Satellite launches are governed by international law, in particular the Outer Space Treaty, which places a strong emphasis on the idea of non-proliferation and forbids the deployment of WMD in orbit. Additionally, in accordance with the Registration Convention, States are required to register their deployed items with the UN registry. By registering, space objects are made more transparent, it is easier to follow them, and collisions are avoided.
2. Space Exploration : Sending satellites and probes to examine celestial bodies and acquire scientific data is known as space exploration. Space exploration collaboration is encouraged by international law. Even though there aren’t any treaties specifically covering exploration, the idea of peaceful use still holds true. International cooperation on initiatives like the International Space Station (ISS) and the exchange of scientific knowledge are encouraged. A lot of times, cooperative exploration expeditions are governed by bilateral and international agreements.
3. Commercial Ventures : Commercial space activities have grown in importance, including satellite communication, Earth monitoring, and space travel. To ensure that private parties cannot assert ownership of celestial bodies, the principles of non-appropriation and peaceful use still hold true. The responsibility Convention, which holds launching governments accountable for harm caused by their space objects, also addresses responsibility problems under international law. Commercial organisations must also abide by national space rules and regulations.
4. Resource Exploitation : There are difficulties when it comes to using space resources, such as mining the moon or asteroids. The Outer Space Treaty forbids the national acquisition of celestial bodies, although it makes no mention of resource extraction specifically. The Moon Agreement makes an effort to provide an outline for resource utilisation, but it hasn’t gained much support or influence. Resource extraction’s legal standing is still up for discussion and possibly future treaties.

In general, international law is essential in regulating different space operations since it fosters cooperation, averts conflicts, ensures responsible conduct, and safeguards the environment of space. To handle new difficulties and opportunities as the scenery of space operations changes, it will be crucial to modify and strengthen the legal framework.

Commercialization of Space

Due to the confluence of scientific breakthroughs, commercial interests, and international law, regulating commercial activity in space poses a special set of difficulties. The following are difficulties in policing commercial space activity:

1. Lack of Clear Legal Frameworks : The main purpose of the existing space treaties is to regulate operations between governments. The creation of clear legislative frameworks to regulate their activities has lagged behind the rise of private enterprises involved in mining, tourism, and satellite communication. Due to this, there is doubt regarding one’s obligations, rights, and culpability.
2. Property Rights and Resource Exploitation : Property rights for materials taken from heavenly bodies are a hotly debated topic. The Outer Space Treaty forbids the national acquisition of celestial bodies, although it makes no mention of resource extraction specifically. Legal structures for ownership and use must be established when businesses investigate the possibility of mining asteroids or extracting resources from the moon.
3. Space Tourism and Liability : As space tourism grows, concerns over liability and safety surface. Private space visitors might not be given the same legal safeguards as government astronauts. It is critical to create policies that handle potential liability concerns while ensuring the security of space travellers.
4. Space Traffic Management : The probability of collisions and the production of space debris increasing as there are more satellites and spacecraft in orbit. It becomes difficult to regulate and manage space transportation because no single worldwide authority is in charge of doing so. It is crucial to establish global standards for cooperation, information exchange, and collision avoidance.
5. Dual-Use Technologies : The distinction between peaceful and military use may be muddled by some technology created for commercial space activities. Careful caution is needed when regulating these dual-use technologies to prevent them from causing a space arms race.
6. Cross-Border Jurisdiction : Many nations are involved in commercial space activities, including satellite operators, launch sites, and ground stations. It might be difficult to determine who is responsible for what and how to comply with various national regulations, especially when there are disagreements.
7. Environmental Concerns : Space debris can be produced as a result of satellite deployment and resource exploitation, endangering other space assets. It can be difficult to ensure responsible behaviour in order to reduce the production of trash and its influence on the space environment.
8. Intellectual Property Rights : Issues relating to intellectual property rights, transfer of technology, and information exchange may come up as businesses create cutting-edge technologies for space activities. To promote innovation and cooperation, it is crucial to set up clear guidelines for the protection of intellectual property and the transfer of technology.

Collaboration between nations is essential to addressing these issues. In order to create modern legal structures, norms, and regulations that take into account the changing nature of commercial space activities while ensuring safety, sustainability, and equal access for all stakeholders, government agencies, the private sector, and international organisations must collaborate.

National Space Legislation

In order to comply with international rules and take into account each nation’s unique needs, capabilities, and interests, each nation creates its own national space laws. Here is how this procedure usually goes:

1. Ratifying International Treaties : Countries that have ratified international agreements governing space, such as the Outer Space Treaty and the Liability Convention, frequently enshrine these agreements’ guiding concepts and obligations in their own national legislation. This displays their dedication to respecting global standards.
2. Domestic Legislation : Different facets of space activities, such as spacecraft takes off space exploration, and commercial endeavours, are regulated by particular domestic laws that each country develops. The processes, specifications, and regulatory bodies for various activities are described in these statutes.
3. Regulatory Authorities : National space laws frequently create regulatory agencies that are in charge of issuing authorizations, licences, and permissions for space activity. These authorities oversee adherence to international agreements and deal with issues related to public health, the environment, and national security.
4. Liability and Insurance : According to international accords like the Liability Convention, countries define liability regimes. They create processes for handling losses brought on by space operations, stipulate insurance requirements, and limit responsibility.
5. Resource Exploitation : Countries may create laws outlining procedures for licencing, ownership, and resource extraction from celestial bodies in the context of prospective resource exploitation in space. These rules cover ownership and business-related issues while taking into account global standards.
6. Commercial Space Activities : Countries create legislation to regulate licencing, safety, responsibility, and property rights for commercial space activities such as satellite communication or tourism. While allowing for the expanding involvement of the private sector, they make sure that the regulatory structures adhere to international standards.
7. Environmental Protection : National space regulations increasingly take environmental protection and the reduction of space debris into consideration. To encourage ethical conduct and sustainability, these laws may combine principles from conventions or agreements with other nations.
8. International Cooperation : In their space laws, many nations emphasise global collaboration. They frequently contain clauses that support cooperation on joint missions, information sharing, and research, in keeping with the ideals of peaceful use and mutual benefit specified in international treaties.
9. Technology Transfer and Export Control : To guarantee that sensitive technologies created for space activities do not foster the proliferation of weapons, some countries incorporate rules relating to technology transfer and export control in their space laws.
10. Legal Enforcement : National space laws define enforcement procedures, as well as sanctions for non-compliance. They also describe the steps involved in resolving disputes, which may entail diplomatic discussions, arbitration, or other global mechanisms.

Globally speaking, international agreements and treaties have an impact on the creation of national space laws, which are then adapted to the specific political, technological, and economic circumstances of each nation. This procedure makes sure that although nations respect their duties to the world community, they may also control and support space operations that are consistent with their own national goals and interests.

Gaps and Challenges

To handle the changing panorama of space operations efficiently, a number of holes in current space law and policy must be filled. These gaps include, among others :-

1. Private Ownership of Celestial Bodies : The [4]Outer Space Treaty forbids sovereign takeover of celestial bodies, although it makes no mention of private ownership. There is a dearth of precise legal advice on how to manage claims of ownership by individuals as the possibility of extracting resources from celestial bodies increases. Regulations must be created that strike a balance between promoting business endeavours and avoiding ownership disputes.
2. Liability and Space Tourism : As space tourism grows, concerns about responsibility and safety regulations surface. It’s possible that the specific risks connected to commercial spaceflight are not fully covered by the current space law. To determine who is responsible for mishaps engaging space tourists and to make sure that there are sufficient safety precautions in place, clear regulations are required.
3. Resource Exploitation : Specific regulations for resource exploitation outside of Earth are missing from the legal system as it stands. A new set of regulations is required to protect property rights, environmental issues, and the equal distribution of profits as private firms investigate the prospect of mining asteroids or removing resources from the Moon.
4. Space Debris Mitigation : Although there are rules for reducing space debris, they are not legally binding. To enforce responsible behaviour and reduce debris generation, more restrictions are needed given the rising risk of crashes and space debris. Legal tools are required to encourage compliance and aid in debris clearance operations.
5. Space Traffic Management : Coordination of satellite launches, collision prediction, and orbital congestion management are made more difficult by the absence of a comprehensive worldwide space traffic management system. To create global standards for coordination, information sharing, and collision avoidance, updated legislation are required.
6. National Space Legislation and Commercial Space Companies : Concerns about regulatory control, responsibility, and adherence to domestic laws are brought on by the expansion of private space firms. To ensure safety and conformance to international standards while accommodating the special peculiarities of commercial space activities, several countries need to revise their national space legislation.
7. Environmental Protection : Protection of the environment in space is not adequately covered by the legal system as it is today. The possibility of environmental harm, such as planetary pollution or the production of dangerous space debris, increases as space activity increases. To protect the ecology in space, strict laws are needed.
8. Emerging Technologies : Mega-constellations of satellites, on-orbit maintenance, and autonomous spacecraft are only a few examples of the quickly developing technology that pose new problems that the space law may not fully address. To address the effects of these developing technologies on space operations, security, and sustainability, regulations must change.

Addressing these gaps requires international cooperation, dialogue among governments, private entities, and space agencies, and a willingness to update and adapt existing space law and policy frameworks. As space activities continue to evolve, regulatory bodies and international organizations must work together to ensure the responsible and sustainable use of outer space.

[5]Future Prospects 

In conclusion, while humanity strives to reach the stars, the development of space law is prepared to navigate new waters. Several potential future changes in space law emerge as technology develops and new frontiers await :

1. Space Tourism : A need for thorough laws that cover safety requirements, liability concerns, and passenger protection is brought on by the growth of space tourism. International standards could be established through new treaties to ensure the responsible and safe development of this expanding business.
2. Lunar Colonization and Resource Exploitation : Legal frameworks that strike a balance between the interests of countries, private businesses, and the global community are necessary in light of the possibility of lunar colonisation and resource extraction. Instructions for property rights, environmental preservation, and fair resource sharing could be outlined in new treaties.
3. Space Traffic Management : The requirement for a worldwide space traffic management system is urgent given the growing number of satellites and space activities. International treaties might make it easier to coordinate activities, avoid collisions, and share data—all things necessary to preserve a secure and long-lasting space environment. 
4. Emerging Technologies : To handle the legal ramifications of new technologies like autonomous spacecraft, mega-constellations of satellites, and on-orbit servicing, new treaties may be required. These agreements could make sure that technical breakthroughs follow the rules of responsible behaviour, liability, and peaceful use.
5. Space Debris Mitigation and Cleanup : As space debris becomes a greater hazard, the international community may create legally binding agreements to compel mitigation measures and encourage debris cleanup activities. These agreements would help ensure that space is sustained over the long run.
6. International Lunar Agreements : International agreements tailored to lunar exploration, study, and collaboration may be required as more nations and business organisations show interest in these activities. Such agreements would guarantee collaboration while averting disputes over lunar resource allocation.
7. Space Data Sharing and Open Access : Future agreements may promote the exchange of information, data, and research pertaining to space for the betterment of all countries. Open access to technical advancements and scientific knowledge may encourage innovation and improve international cooperation.
8. Environmental Protection in Space : New legal regulations could provide standards for ethical conduct and environmental protection in order to handle the potential environmental effects of space activities, such as heavenly body contamination and space trash.

A careful balance between supporting innovation, promoting economic growth, and upholding the ideals of humanitarian use, sustainability, and international collaboration will be necessary for the growth and advancement of space law over the coming decades. These prospective advances in space law will influence how we explore and use the last frontier as long as governments, businesses, and international organisations cooperate.

---

[1] Understanding International Space Law and the Liability Mechanism for Commercial Outer Space Activities – Unravelling the sources, Sage Journals, https://journals.sagepub.com/doi/10.1177/0974928419874553 , Last seen on 13 August 2023

[2] Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, Archived Content, https://2009-2017.state.gov/t/isn/5181.htm , last seen on 13 August 2023

[3] Resolution Adopted by the General Assembly, United Nations Office for Outer Space Affairs, https://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties/rescueagreement.html , last seen on 13 August 2023

[4] Current problems and Challenges in International Space Law: Legal Aspects, ResearchGate, https://www.researchgate.net/publication/341306594_Current_Problems_and_Challenges_in_International_Space_Law_Legal_Aspects , Last seen on 13 August 2023.

[5] Future legal issues and challenges of international space laws, IPleaders, https://blog.ipleaders.in/future-legal-issues-challenges-international-space-laws/ , Last seen on 13 August 2023.