Introduction
The emergence of International space law has a connection with Russian, the first artificial space satellite called Sputnik, in the year 1957. It was noted to be an influencing factor or the initiation of space life that a man would not have thought of. Keeping that one aside, what was the exact reason behind legislating space law or International space law, and if so, why should man enact a law for an area where they would rarely visit as an individual? This article will be looking into those questions and would also find the stance of India because there are lots of works of literature that have insisted on the same.
What is space law?
What exactly is the subject matter that space law deals with? To know that exactly, we should take reference from International definitions and analysis. Space law is the body of law that basically deals with space-related activities. Now, the general question is what amounts to space-related activities?
It may include activities like what Soviet Russia did in the 1950s, which was later followed by many countries. Few of the noted matters that space law addresses consist of the preservations of the space and the environment of the earth, imposing liability for any damage that was caused by space objects, dispute settlements, using and regulating the space-related technologies, information sharing regarding the potential threat and also, of course, the co-operation among the International countries. We limit our understanding of space-related activities to sending of satellites and constituting space stations by the number of countries.
It has to be noted that similar to any general international law, and space law also contains the number of treaties, conventions, agreements, and the United Nations available assembly resolutions and rules and regulations of different international organizations across the world.
So, these rules and regulations mold the nature of space law in the International arena as well.
International Treaties and Principles of Space law:
Having noted that the space law is a law that addresses certain subject matters in space, it is now essential to know the law, rules, and principles regulating the same. As this is International law, it inevitably contains treaties and declarations.
Irrespective of enacted treaties and rules, few fundamental principles guide the conduct of space activities. It includes the notion of space as the region for all persons in humankind, freedom to explore and use such space for developmental purpose principle of non-appropriation of outer space and also, etc. Non-discrimination based on any ground is also included as a space law principle. These issues are dealt with by the five treaties that are in place.
All the rules and principles of international space law are governed by these five treaties, which have been developed by the United Nations Committee. This committee on the peaceful uses of outer space is the regulatory body that works for the development of international space law. It gives regular information and advice to all the governmental and non-governmental entities and also the public in order to make create awareness and understanding of International Space law agreements. Apart from these treaties and conventions, there are regular conventions that regulate or frame policy directions by the UN to countries across the world, in which India is also a signatory.
India and Space law:
Looking at the Indian perspective, it is to be noted that India is a signatory to the Moon Treaty 1979 and has also been known for its ratification of other four treaties. In addition, it has also ratified two more treaties, they are,
- Treaty Banning nuclear weapon tests in the Atmosphere, Outer space and even underwater,
- Secondly, the Convention on the prohibition of military use of the environmental modifications techniques.
Even though India has signed and ratified these treaties that regulate the Global countries in the protection and prevention of space as per the principles enshrined by the United Nations, there was no complete national space law and policy which govern the activities that are to be conducted in the space. Such activities may be undertaken by both private and public entities, and it is crucial to have such things in place.
In spite of no such comprehensive space law, few of the frameworks that deal with the space area are basically enabled by Satellite Communication Policy, 1997, secondly, the Remote sensing Data policy of 2011, Technology Transfer Policy of ISRO, and Indian Supreme law – Indian Constitution, 1950.
Need for an Enactment on Space law?
Various works of literature on the space law by scholars and researchers in India have been insisting on the need for the enactment of a new policy and legislation as well in the area of space law which would be an enabling law of what has been provided in the International law. It is to be noted that the policies that the union government undertakes are just a framework of what it desires to do and do not necessarily provide an obligation on them to regulate the same. India is in an extreme mode of attaining Digitalization and would continue to do so. But, the union government should also note that development would bring more legal issues into the picture and would require them to be more responsible. A similar problem may come up with respect to space law because of the developmental activities, and the obligations that the countries across the world will face should make India aware of the responsibility. Recently, there have been reports saying that the ISRO’s electronic ecosystem has been lacking. If India fails to instill the manufacturing and regulations of spacecraft etc, within the country, then the cost of importing such required electronics from outside countries would also increase. Thus, an active regulation in this area has been presumed to give investors a chance and would attract them to different new technologies.
