PROJЕCT SUBMITTЕD IN PARTIAL FULFILMЕNT OF

RЕQUIRЕMЕNTS B.B.A., LL.B. (Hons.)

TOPIC:

“International Space Law”

SUBMITTЕD BY:

AAYUSH DЕSAI

SY.BBA, LLB. (Hons.)

81002170054

SUBMITTЕD TO:

Prof. Afrin Khan

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Introduction:
“The body of international and national laws and customs that govern human activities in
outer space”, a definition of space law given by The American Bar Association. Commented [G1]: Inserted: B
Commented [G2]: Deleted:b
It was 4th of October 1957, when the Soviet Union launched the world’s first artificial
satellite in space, the Sputnik 1. It came out as a shocker, the US was left behind, in the second
position in the space race, something that made the Americans really sad. This came out to be Commented [G3]: Inserted: the
as a realization point towards the need and development of a common space law. Prior to the
launch of Sputnik, the legal status of outer space was undefined.

Thus in this age of countries getting rapidly into the space race, we require a uniform space
law, far better than what we have today. There was a time when we fought wars for territory
on Earth, there will be a time when we will do it all over again, not for Earth but for the other
bodies, the only difference would be the amount of destruction and weapons used, far more
deadly than ever witnessed by any human across the globe. So, for us, every single owner of Commented [G4]: Inserted: ed
this beautiful planet, is the time when we draft and adopt a universal law on the activities taking
place in the outer space which covers all the necessary aspects related to it.

Research Question:
1. What are the existing laws that govern the space activities?
2. Who has Legal Jurisdiction over crimes committed in space?

Literature Review:
1. V. S Mani, S. Bhatt, V. Balakista Reddy - Recent Trends in INTERNATIONAL
SPACE LAW AND POLICY, NALSAR University of Law, 2016.
A compilation of various research paper written on the topic related to the outer space
with special emphasis on the legal aspect. Foreword by Judge Weeramantry-
International Court of Justice make it a reliable source of gathering basic information
and data regarding the past and the recent trend in International Space Law and Policy. Commented [G5]: Inserted: the

2. Halket, Thomas D., et al. “BIBLIOGRAPHY OF THE LAW OF OUTER

SPACE.” Jurimetrics, vol. 22, no. 2, 1982, pp. 195–238, JSTOR.
An old but resourceful book that gave an insight into the opinion on the International Commented [G6]: Inserted: to
Space Law in 1982. This will further help in determining the future scope of Commented [G7]: Inserted: i
development of the International Space Law. The book was used as a reference to clear Commented [G10]: Deleted:o
doubts him making the same project.
Commented [G8]: Inserted: a
Commented [G9]: Inserted: The b
Commented [G11]: Deleted:B

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Chapters I - Existing Laws that Govern the Space Activities ………………4-5

Chapter II - Legal Jurisdiction in Outer Space……………………………….6-7

Chapter III - The Recent Trends in International Space Law and Policy………8

Conclusion……………………………………………………………………...9

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 Chapter I
Existing Laws that Govern the Space Activities
It was 1959 when the United Nations created the Committee on the Peaceful use of
Outer Space (COPUOS). Dividing the committee further into COPUOS Scientific and
Technical Subcommittee and the second one, the COPUOS Legal Subcommittee. It is the latter
one that monitors and helps facilitate discussions and conclusions on international agreements
in relation with the Outer Space.

There are a total of Five International Treaties that were negotiated in the Committee on the
Peaceful use of Outer Space:
1. The Treaty on Treaty on Principles Governing the Activities of States in the Exploration
and Use of Outer Space, including the Moon and Other Celestial Bodies, 1967:
This treaty forms a floor for the International Space Law. Also called the "Outer
Space Treaty", it puts a ban on the states from placing mass destruction weapons in the Commented [G12]: Inserted: T
planet’s orbit, or deploying them on the only natural satellite we have, the Moon or on Commented [G13]: Deleted:t
any other celestial bodies in the space, or otherwise deploying them elsewhere in the
outer space, no matter the purpose.
It also bars them from using Moon and other celestial bodies to perform weapon testing,
practicing military maneuvers or constructing any kind of military bases, fortifications,
and installations of defense and weaponry. The drawback being the inability of this Commented [G14]: Inserted: y
treaty to ban the deployment and use of conventional weapons in the outer pace, and so Commented [G15]: Inserted: s
the possibility of highly destructive attacks are possible to be carried out. It also strictly Commented [G16]: Inserted: ,
states that the exploration shall be done not for a single but for the benefit of everyone.
Commented [G17]: Inserted: r
It also prevents states from claiming any part or whole of any celestial body in the outer
Commented [G18]: Inserted: c
space. Also, if there is any destruction caused there, the country who caused the damage
Commented [G20]: Deleted:s
is liable for the same.
Commented [G21]: Deleted:o

2. The Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return Commented [G22]: Deleted:r

of Objects Launched into Outer Space, 1968: Commented [G23]: Deleted:c

According to this treaty if any state that receives any information on any human Commented [G24]: Deleted:ies
personnel of an aircraft is if, in any form of distress, the state must notify the same to Commented [G19]: Inserted: f
the launching authority as well as the Secretary-General of the UN. Also called as Commented [G25]: Deleted:r
“Rescue Agreement", it further states that a party to the treaty shall provide assistance
Commented [G26]: Inserted: is
for the rescue of that personnel in all possible manner, no matter the reason, if the
Commented [G27]: Inserted: ,
distress arises in an area that is outside the jurisdiction or reach of any nation, then the
Commented [G30]: Deleted:are,
state in position to do so shall extend all necessary assistance in the search and rescue
operation. Commented [G28]: Inserted: -
Commented [G29]: Inserted: at
Commented [G31]: Deleted:ose

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3. Convention on International Liability for Damage Caused by Space Objects, 1975.
If any party state launches any space object or procures the launching of a space object Commented [G32]: Deleted:,
of any other state, it is the former who is completely liable for any damage occurring
due to that particular space object.
If more than one state joins together for the launch of a space object, then they shall be
jointly and severally liable for the damages caused to the third party. This agreement is
also called the "Liability Convention." Commented [G33]: Deleted: as

4. Convention on Registration of Objects Launched into Outer Space, 1975.

A very basic convection which states that the launching state shall maintain a registry
that maintains the data of every space objects launched, such registry shall be Commented [G34]: Inserted: s
established and the information for the same to be communicated to the Secretary-
General of the United Nation. It is also known as the Registration Convection. Commented [G35]: Inserted: -

5. Agreement Governing the Activities of States on the Moon and Other Celestial Bodies,
1979.
Somewhat similar to the 1967 treaty, but fail to attract a large number of states as parties
for the same. It bans the military use and testing of weapons or the use of any celestial Commented [G36]: Inserted: the
bodies as a military base. Denies access to explore those celestial bodies without
approval, and only if it benefits other states. Also makes it mandatory to report it to the
UN Secretary-General of the launch activities and its discoveries. Making the samples Commented [G37]: Inserted: the
collected during that mission, available to all other member states for their research and Commented [G38]: Inserted: -
benefits. Bans the ownership of land on any extra-terrestrial by any organization or an Commented [G39]: Inserted: s
individual. There are other minor clauses too, but the lack of their ratification by
Commented [G40]: Inserted: z
countries contribution majorly to the space missions makes this “Moon Treaty” less
Commented [G41]: Deleted:s
important.

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 Chapter II
Legal Jurisdiction in Outer Space
It 1950 when the countries started chasing each other in the space race, it as the United Nation
that formed a committee and created a base for the debates on the introduction of law in the Commented [G44]: Deleted:a
outer space. The UNCOPUOS drafted the Outer Space Treaty, which is described in Chapter-
1 of this Research Paper. Though the states agree on the point that the outer space would be a Commented [G45]: Deleted:the
property of all mankind together, there are a set of laws required for proper conduct in the
extra-terrestrial area as well. No doubt there is UNCOPUOS, but it fails to lay down a detailed
set of rules towards the exercise of State Jurisdiction on the activities conducted in the Outer Commented [G42]: Inserted: s
Space. Commented [G43]: Inserted: the

Recently, Elon Musk, the CEO of Tesla an energy storage company, has now started
manufacturing space crafts, already floating right in the outer space. Which point towards an
upcoming era, soon where unique agreement between the individuals takes place, who may not
necessarily be state representatives, and thus the pace treaty won’t be applied to such Commented [G46]: Deleted: be
individual, something that the space treaty has not anticipated yet. The aspect of law should be
expanded to civil matters as well. Either it is a failure or a neglect in adopting fresh space treaty,
it was 1984 when the last space treaty was signed.

The main source of law in the outer space is nothing but International Law, local laws of a state
cannot prevail there due to lack of jurisdiction. It is 60 Mile or 100 km from the lowest point
in the sea where space starts. The state parties shall act in accordance with international law Commented [G48]: Deleted:the
in addition to the charter of the United Nations. If the space treaty fails, the General
International Law is applicable in such cases, as stated in the Law of The International Court Commented [G47]: Inserted: s
of Justice. The Statute states that the court in deciding disputes shall apply:

(a) International conventions, whether general or particular establishing rules

expressly recognized by the contesting States;
(b) International custom, as evidence of a general practice accepted as law;
(c) The general principles of law recognized by civilized nations; Commented [G49]: Inserted: z
Commented [G50]: Deleted:s
(d) Subject to the provisions of article 59, judicial decisions and the teachings of the
most highly qualified publicists of the various nations, as a subsidiary means for the
determination of the rules of law.1

Out of the four, only three of the statues are binding on the International Court. These are the
ones that can be relied upon and can be called a substantive law. This law provides a much
larger determination, especially when it has to deal with an indefinite space. A particular crime
like killing someone may be an illegal act in all the countries but the ingredient for the same
differs, so the middle most ground for developing further on the international principle of space
law from general principles of law would be a wise and fair decision. So, a substantive space Commented [G51]: Inserted: the

1
The statute of the International Court of Justice art. 38(1), June 26, 1945, T.S. 993.
available at http://www.icj-cij.org/documents/index.php?p1=4&p2=2&p3=0#CHAPTER

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law provides the mankind with a particular set of definition for the International Space Law
can be created.

For the basic question that one has regarding crime in pace would look like “What if I killed Commented [G52]: Inserted: s
someone in the Outer Space." The answer to such a question lies in The ‘Outer Space Treaty Commented [G53]: Inserted: s
Governing the Activities of States in the Exploration and Use of Outer Space, including the Commented [G54]: Inserted: a
Moon and Other Celestial Bodies’ states that:

"Each State which launches or procures the launching of an object into outer space, and each
State from whose territory or facility an object is launched, is internationally liable for damage
to a foreign State or to its natural or juridical persons by such object or its component parts on
the earth, in airspace, or in outer space." In other words, you'd be arrested and tried once you
get back home as if you had committed the crime on Earth. Commented [G55]: Deleted:,

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 Chapter III
The Recent Trends in International Space Law and Policy

Recently the United Nation’s Committee on Peaceful Uses of Outer Space adopted certain
guidelines towards the mitigation of the space Debris left by the artificial satellites in the outer Commented [G56]: Inserted: U
space. A new regulatory authority or regime is the need of the hour, and with this Space Debris Commented [G58]: Deleted:u
Mitigation Guidelines, it looks like we are a step further towards the development of the same.
This is not the end, still, some work is going on, by a workgroup, under the watch of the UN- Commented [G57]: Inserted: ,
COPUOS. While working towards the same, it is taking into consideration various issues like:

1. Sustainable Space Utilisation - supporting sustainable development on Earth

2. Space Debris - space operations and tools to support collaborative space situational
awareness
3. Space Weather - regulatory regimes and guidance for actors in the space arena.2

Though such agreements are made and law formed, but the legal problem that would
always prevail is its non-binding nature.
With growing privatization across the globe, with the entry of private parties in the Commented [G59]: Inserted: z
space race, Private International Law is the area where the workgroup shall look upon. Commented [G60]: Deleted:s
The Outer Space Treaty is only applicable to member states and not to private
companies. Adoption of Space Legislations by each nation locally seems to be an
efficient tool to help us solve the problem of commercialization of space in the absence
of substantive law.

2
Olga Volynskaya, Chief International Law Counsel, Future space is a challenge for international law
– Room, The Space Journal.

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Conclusion:
The innovation in space law always comes in waves, no matter the law of origin, it is always Commented [G61]: Inserted: f
in public interest. There were few instances in the previous century where an idea strikes Commented [G67]: Deleted:r
someone, something that attracts the imagination of everyone and inputs from learned people
tarts pouring in, until decades later when a new idea seeds in someone else’s brain. Meanwhile,
there's no looking forward to development in that aspect of law at all. Multiple silent decades Commented [G62]: Inserted: ,
passed before we entered this period of time where there can be seen a new excitement in space Commented [G63]: Inserted: t
law with the entry of private player in the race. With such advancement by private players in Commented [G68]: Deleted:f
the field, engaging into the highly complex mission at a competitive cost, it clearly points
Commented [G69]: Deleted:r
towards the point that the 6-7 decades old treaties would not suffice. In coming years we shall
Commented [G64]: Inserted: s
witness a development in the field of Space Law, but the only question that prevails is the
Commented [G65]: Inserted: the
capability of legislation across the globe to provide law, so substantive so as to prevent the
exploitation of the Outer Space a well. Commented [G66]: Inserted: s

Bibliography:
1. https://ezproxy.svkm.ac.in:2113/stable/29761778?Search=yes&resultItemClick=t
rue&searchText=international&searchText=space&searchText=law&searchUri
=%2Faction%2FdoBasicSearch%3FQuery%3Dinternational%2Bspace%2Blaw
&seq=3#metadata_info_tab_contents
2. https://culibraries.creighton.edu/c.php?g=163603&p=1073559
3. http://www.iislweb.org/docs/NewPerspectivesonSpaceLaw.pdf
4. http://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties/introouterspacetreaty.
html

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