Space law: Then, Now and Beyond

Introduction 

When we hear about space, we imagine vast amount of area in darkness filled with big celestial bodies floating around in endlessness. We see in the news that this country launched these many satellites in Space or some rich billionaire flew off to Space or there is a car floating somewhere around in Space but what we do not is the laws which govern all of this, how space law is the most recent emergence in law, if not the youngest of all law fields. Space law is somewhat the most challenging area as Space is not governed by one nation but is open to all as it is a public good. Nobody can claim ownership of Moon  or other celestial bodies but a peculiar case happened when a man named Dennis Hope started a company called Lunar embassy believing that he had found a loophole in the Outer Space Treaty, Hope started selling plots on the Moon for 25$ per acre. Since the 1980s, he claims he has sold more than 611 million acres of land on  the Moon.

Nations have gone to space for many reason and it has proved very beneficial to them as we today use  GPS which could not have happen if satellites were not launched in space or the set top box we use to watch all sort of programs, but the question arises can a foreign company has access to a Nation satellite to broadcast its program in local TV set top box, well the answer differ from country to country this is what makes Space Law unique as only a handful countries have domestic space laws. India does not any domestic law, there was only a draft law in 2017 which is long way away from becoming a law. The prime example of  Domestic Space Laws is of USA  they have  a robust law system relating  to Space Law. Now let’s take a look at the nitty-gritty of Space Law.

Evolution of space law

The start of space law can be traced back to 1957  when the Sputnik 1 , the first artificial Earth satellite was launched into an elliptical low Earth orbit by Soviet Union. It orbited for three weeks before its batteries ran out. Now let’s imagine the position USA was put in at that time, there was an object floating above their head from their  arch nemesis and they did not know how was that object being used, it sent USA in a state of panic, as they did not know how to tackle this problem. Naturally many nation states moved towards the UN to come up some sort regulation for peaceful use of outer space leading to the formation of United Nations Committee on the Peaceful Uses of Outer Space in 1961. The main purpose was to govern the exploration and use of space for the benefit of all humanity: for peace, security and development. The Committee was tasked with reviewing international cooperation in peaceful uses of outer space, studying space-related activities that could be undertaken by the United Nations, encouraging space research programmes, and studying legal problems arising from the exploration of outer space.

The committee has concluded five international treaties and five sets of principles on space-related activities. These five treaties deal with issues such as the non-appropriation of outer space by any one country, arms control, the freedom of exploration, liability for damage caused by space objects, the safety and rescue of spacecraft and astronauts, the prevention of harmful interference with space activities and the exploitation of natural resources in outer space and the settlement of disputes. Each of the treaties stresses the notion that outer space, the activities carried out in  outer space and whatever benefits might be accrued from outer space should be devoted  to enhancing the well-being of all countries and humankind, with an emphasis on promoting international cooperation.

The treaties commonly referred to as the ‘Five United nations Treaties on Outer Space’ are

• 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and other Celestial Bodies (The ‘Outer Space Treaty’)
• 1968 Agreement on the Rescue of Astronauts, the Return of Astronauts, and the Return of Objects Launched into Outer Space (The ‘Rescue Agreement’)
• 1972 Convention on international Liability for Damage Caused by Space Objects (The ‘Liability Convention’)
• 1974 Convention on the Registration of Objects launched into Outer Space (The ‘Registration Convention’)
• 1979 Agreement Governing the Activities of States on the Moon and other Celestial Bodies (The ‘Moon Agreement’)

The Five declarations and legal principles are :

• Declaration of Legal Principles Governing the Activities of States in the Exploration and Uses of Outer Space ,1962 ( The “Declaration of Legal Principles”)
• The Principles Governing the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting, 1982 (The “Broadcasting Principles”)
• The Principles Relating to Remote Sensing of the Earth from Outer Space , 1986 (The “Remote Sensing Principles”)
• The Principles relating to Relevant to the Use of Nuclear Power Sources in Outer Space, 1992 ( The “Nuclear Power Sources” Principles)
• The Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and in the Interest of All States, Taking into particular account the Needs of Developing Countries, 1996 (The “Benefits Declaration”)

The USA forged its own space agency call National aeronautics and space administration in response to early Soviet space achievements, now let’s see how different countries approach Space laws. Many countries have legislated on launch activities, e.g. Australia, Belgium, Kazakhstan, South Korea, the Netherlands, Mew Zealand, Norway, Russia, South Africa, Sweden, Ukraine , United Kingdom and United States. Luxembourg and the USA enacted specific legislation on space resource utilization. India did introduce a draft space law in 2017.

Uses of space exploration and research

Remote sensing

Remote sensing is the use of satellites to detect and classify objects on Earth based on signals. May involve visible light, infrared, or active radar. It has wide range of civilian and military uses. Began in the 1950s and 1960s with radiation detector and infrared cameras launched into space. There are now over 200 remote sensing satellites in orbit, ranging from low Earth orbit ( for imagery) and geostationary orbit( for meteorology). The international concern is that remote sensing imagery may be used by States for military , strategic, intelligence, subversion or even economic purposes that may be harmful to the sensed State.

The U.N General Assembly adopted the Principles Relaying to Remote Sensing of the Earth from outer Space (the Remote Sensing Principles) by resolution 41/65 , adopted without a vote on 3 December 1986. General Assembly declaration are “soft law” instruments in that, unlike treaties, they are not binding have no direct legal force. Scholars and commentators have debated the effect of such soft law instruments on the development of customary international law, which is binding , particularly when they General Assembly law making resolutions  and adopted unanimously or without a vote- universal opinio juris?

The Remote Sensing Principle affirm the freedoms under Article 1 of the Outer Space Treaty regarding exploration and use of outer space. There are provisions dealing with:

• Protection of Earth’s natural environment
• Mitigation of natural disasters (Principle XI); and
• Assistance to developing States (Principle XIII).

Principle XII, Remote Sensing Principles :

As soon as the primary data and the processed data and the processed data concerning the territory under its jurisdiction are produced, the sensed State shall have access to them on a non-discriminatory basis and on reasonable cost terms. The sensed State shall also have access to the available analysed information concerning the territory under its jurisdiction in the possession of any State participating in remote sensing activities on the same basis and terms, taking into account the needs and interests of developing countries.

Satellite Broadcasting

The global legal concern has been that direct broadcasting can have significant international political, economic, social, and cultural implications. The U.N. General Assembly adopted the Principles Governing the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting (the Television Principles) by resolution 37/92 by 107-13 on 10 December 1982.

Principle 5, Television Principles: Every State has an equal right to conduct activities in the field of international direct television broadcasting by satellite and to authorize such activities by persons and entities under its jurisdiction. All States and peoples are entitled to and should enjoy the benefits from such activities. Access to the technology in this field should be available to all States without discrimination on terms mutually agreed by all concerned.

There are a lot more uses which can be listed like GPS ,Satellite Communication, there are satellite now being used to provide Internet like Starlink by SpaceX .

The Future is Now

• Virgin Galactic, Blue Origin, and others are bringing space tourism and commercial passenger spaceflight closer to reality each passing day.
• Planetary Resources and Deep Space Resources are investing in space mining technology: and U.S. and Luxembourg have legislated on resource utilization
• The European Space Agency (ESA) have plans to use giant space 3D printers (seriously) to establish a Moon Village by 2030: other private venture exists.
• There are lot of Billionaire flaunting their money by going to space in their own “Space Company” . The first Billionaire being Richard Branson of Virgin Galactic. The company’s spacecraft VSS Unity launched above the skies of New Mexico, with two pilots guiding the vehicle carrying the billionaire founder and three Virgin Galactic employees.
• China is building its own Space Station called Tiangong(Palace in the Sky) space station in low Earth orbit.
• There are lot of New Space player emerging like The United Arab Emirates, which launched its own Space mission called The Emirates Mars Mission. The Hope Spacecraft launched successfully on July 19, 2020 aboard a Japanese rocket and arrived successfully in orbit around Mars on Feb 9,2021  making its  The Arab world’s first interplanetary mission.

Reference:

1. https://www.unoosa.org/oosa/en/ourwork/spacelaw/index.html
2. https://www.spacefoundation.org/space_brief/international-space-law/
3. https://www.britannica.com/topic/space-law
4. https://www.esa.int/About_Us/ECSL_-_European_Centre_for_Space_Law/About_space_law

Author: Shaurya Raj, 1st Year Law student, Army Institue of Law, Mohali