“Space law is the law meant to regulate relations between States to determine their rights and duties resulting from all activities directed towards outer space and within it – and to do so in the interest of mankind as a whole to offer protection to life, terrestrial and non-terrestrial, wherever it may exist.”

– Lachs M., The law of outer space – An experience in contemporary law-making, 1972, p. 33

Space Law is the field of law that governs activities related to space. Satellites, space invasions, new outer- space discoveries, space exploration, use of weapons, rescue operations, environmental degradation etc, have all been given a legal connotation that’s called space law. It encompasses both domestic and international agreements but the main issue that arises under space law is that who will be the governing body when conflicts like these arise? Essential objectives of space law are to guarantee a sane, dependable way to deal with the exploration and utilization of space for the advantage and in the public interest for all mankind.

International space law evolved in parallel with the development of space technology and, as a result, remained insignificant until the start of the Space Race. Therefore, it consisted mainly of just suggestions, discussions, speculations, and the human imagination that had driven a passion for exploring the unknown.

Firstly, it is necessary to stress the importance of space science, which is still the “driving force” of everything connected with international space law. Without scientific discoveries there would be no need to regulate space affairs by law.

With the advancement of rocket science, questions about the legal regulation of aviation appeared on the world’s agenda. The swift development of international aviation attracted the attentions of lawyers and academics, as well as of government officials and military commanders. In 1910 Emile Laude noted that there special laws were needed for outer space as a region. In 1926 V. A. Zarzar of the Soviet Air Ministry indicated his view that there was an upper limit to a state’s sovereignty over its airspace, and that a separate legal regime would be required to deal with the arena beyond this ‘upper zone’. It is fascinating that already in 1928 Herman Potočnik (pseudonym Hermann Noordung December 22nd, 1892 – August 27th, 1929) the rocket engineer and pioneer of cosmonautics (astronautics) of Slovenian ethnicity published his book ‘The problem of space travel: The rocket motor’, in which he presented a plan for a breakthrough into space and the possible establishment of permanent human presence, i.e. long-term human habitation of space, by building a space station that would be positioned in the geostationary orbit. His speculation foresaw the possibility of using space stations for possible Earth observations. His work is especially acknowledged from a technical point of view although he did not address the legal issues of space in regard to international law.

The UN has been involved in outer space-related activities from its conception under the UN Charter for the progressive development of international law and through the Committee on the Peaceful Uses of Outer Space (hereafter UNCUPOUS), especially in terms of overseeing a legal framework regarding outer space through its Legal Subcommittee. It has introduced five international legal instruments governing space activities that have all entered into force – t.i. Corpus Iuris Spatialis Internationalis, and the General Assembly has adopted five sets of Principles governing activities in outer space, also known as Space Resolutions. Therefore, the UN instigated the basis for what has become a separate and distinct discipline within the field of international law, i.e. international space law. 

Furthermore, international law which applies to outer space is also included within the UN Charter and this obliges all UN members to settle disputes by peaceful means and prohibits the threat of or actual use of force against the territorial integrity or political independence of another state. The charter also recognises a state’s inherent right to act in individual or collective self-defence

Primarily, the United Nations Office for Outer Space Affairs commonly referred to as the UNOOSA is tasked with the mission of promoting international co- operation and the peaceful use of outer space. Under this UNOOSA, there are five more treaties- but to carefully note- it is only binding on the member states that have ratified it. While discussing these five more treaties, we’ll also be taking a look at the various space legislations enacted by different countries.

• The Moon Treaty- The Agreement Governing the Activities of States on the Moon and Other Celestial Bodies
• The Registration Convention- The Convention on Registration of Objects Launched into Outer Space
• The Liability Convention- The Convention on International Liability for Damage Caused by Space Objects
• The Rescue Agreement- The Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space
• The 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

Out of all these five treaties, the Outer Space Treaty is the most important one. It gives us a wholesome view of the space law regulations, and clearly lays down that the space is no one’s property. It can be used and explored by anyone, but anyone who wishes to operate in outer space, must do it peacefully, which means there cannot be any country who has the right to establish any military base in outer space. No member nation of the UNOOSA or for that matter, no country can own a land or any celestial or extra- terrestrial body. The moon and the stars are nobody’s and everybody’s- no country or body of organizations, not even the UNOOSA, can just plant their flag in outer space and claim that the particular property belongs to them. Representing their country as an astronaut, does not confer the right to ownership to that person, in outer space. An astronaut as soon as he steps out of his country’s space vessel, and steps on to the celestial body, cannot appropriate it to his own benefit. The celestial bodies are accessible to all without any discrimantion or unlawful intervention, but it must benefit everyone, and without any contamination caused to the environment, since space is an area without defined boundaries.

Following is an overview of some national space laws and national regulatory frameworks enacted by different countries-

United States- The National Aeronautics and Space Administration is the world leader when it comes to space exploration. While the NASA has left no stone unturned in being the dominator in outer space, it is the only federal agency of the USA who in consonance with the UNOOSA principles and conventions has adopted similar peacekeeping rules such as anti military measures, environmental preservation etc.
Russia- Russian space activities are governed under the statute- Law of the RUSSIAN FEDERATION “ABOUT SPACE ACTIVITY”, which is the constitution for the Russian Space Agency is further divided into chapters and articles which govern Russia’s actions in the outer space. Since Russia is a party to the UNOOSA, Article 26 of the above mentioned statute creates an obligation on the nation to ensure international cooperation as stated in the Outer Space Treaty.

India- Indian Space Research Organisation is the Indian space agency operating under the Government of India, which harnesses space technology and exploration for national development and international co- operation in the global community. It enacts its own legislations with the approval of UNOOSA.