The definition of Outer Space given in Cambridge Dictionary describes it as “the universe beyond the Earth’s Atmosphere”.1 Humanity is changing and developing. The most promising dimension of expansion is the boundless Outer Space. Technological advancements in the early days of spaceflight, did not recognized the legal and ethical problems involved with it. As the formation of various Space Agencies have taken place in order to explore Outer Space for resources and to strengthen military space programmes for their country, there was a much need to make laws to govern the Outer Space at an International Level. The Era of Space began after the launch of the first Artificial Satellite Sputnik I by the Soviet Union in 1957.

‘Space Law’ is that body of law which governs the activity related to outer space. It is a part of the Public International Law and comprises of various Treaties, Conventions and UN General Assembly Resolutions including the rules made by the International Space Organizations2. After the start of the Space Age, United Nations in its through its Resolution 1348(XIII)3 formed an ad-hoc Committee on the Peaceful Uses of Outer Space (COPUOS) which was later converted to a permanent body via Resolution 1472 (XIV)4, serving as a focal point for international cooperation in the peaceful exploration and use of the Outer Space. COPUOS is assisted by two sub-committees namely Scientific and Technical Sub-Committee and Legal Sub-Committee5.

So, in the year 1963, a UN Declaration on Outer Space 6was passed which gave certain principles relating to International Co-Operation in the Peaceful Use of the Outer Space. There are other Treaties and Conventions as well which were entered by various member nations in order to protect the Outer Space and to use the resources of Outer Space for the

benefit of mankind without claiming individual rights on the Outer Space. Some of the Treaties and Conventions are (1) Treaty on the Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the moon and other Celestial Bodies, which is also called ‘Treaty on Outer Space’, (2) Rescue Agreement, 1968, (3) Liability Convention, 1972, (4) Registration Convention, 1975, and (5) Moon Agreement, 1979.

Now we will be discussing these treaties in detail and we will focus on UN Programme on Space Applications, Treaty Banning Nuclear Weapon Tests in the Atmosphere, Outer Space and Water, and the Security of Space.

International Space Law: Treaties and Conventions

There are various Treaties and Conventions related to Space Law which were formed on the principles of the UN Declaration on Outer Space, 1963 such as:

1. Outer Space Treaty, 1967- This treaty is the primary and basic legislation governing the laws of Outer Space. This treaty has opened great prospectus for mankind to explore and use the Outer Space for the benefit of mankind and for peaceful purposes. This treaty has been ratified by 109 Countries and 23 countries are signatory to the treaty since its creation. The treaty lays down certain principles which include:

· The freedom of exploration, scientific investigation, and use of Outer Space including Moon and other Celestial Bodies by every nation without discrimination. Such exploration and use of Outer Space will be for the benefit of mankind and for peaceful purposes.

· No State can claim Sovereignty over the Moon and other Celestial Bodies.

· Space Activities are to be done under the ambit of International law and under the UN Charter in order to promote peace and security.

· States are strictly prohibited to carry or place any kind of Nuclear weapons of mass destruction or install it on the moon or other celestial bodies in the Outer Space. Outer Space be used only for peaceful purposes. The use of Military personnel for scientific research or for any other peaceful purposes shall not be prohibited.

· The States shall provide any assistance to the Astronauts in the event of an accident, distress, or emergency landing on the territory of another State or on the high seas and should safely be returned to the State of registry of their Space Vehicle. State parties shall also inform the other State parties and the Secretary-General of UN for any phenomena they discover in the Outer Space, which could render their lives or health in vain.

· The States will bear International Responsibility for the activities carried out by them in the Outer Space and to ensure that those activities are carried out in conformity of the provisions of this treaty.

· State parties are internationally liable for causing any damage to other States by any object which was used for the Outer Space Mission.

· States on whose registry the object was launched into the Outer Space shall retain the jurisdiction and control over the object and over any personnel thereof while in outer space or on any celestial body or moon, including the objects landing on earth.7

2. Rescue Agreement, 1968- The Agreement on the rescue and return of Astronauts and return of objects launched into Outer Space, which is also referred to as the Rescue Agreement, 1968, is an international agreement which forms a part of Article V of the Outer Space Treaty8 and which calls the States to provide every assistance to Astronauts in the event of distress, accident or emergency landing for their rescue and return and for the objects returning from the Outer Space. As of date, 98 countries have ratified the Rescue Agreement since its conception9. The Agreement talks about the assistance of Astronauts by the States in the ‘territories under’ and ‘beyond the jurisdiction of Space Parties’, but they do not address the issue of the assistance of astronauts in the Outer Space at their own expense. This Agreement provides immunity to the astronauts and establishes rescue procedures in the case of an accident10.

3. Liability Convention, 1972- Liability Convention expands on the rules of liability of the States for the damage caused by the Space Objects created and launched into the Outer Space by them. It found its origin from Article 6 and Article 7 of the Outer Space

Treaty, 1967. Since its conception 109 countries have ratified the convention and 23 countries are signatory to this convention to date. It provides for the system for claiming compensation for damage caused by the Space Objects. It has been divided into two parts. Firstly, the State is held absolutely responsible for the damage caused by its space objects to the territory of a State on the surface of the earth or damage to the Aircraft in Flight. Secondly, the State can be held responsible for the damage of the Outer Space by its activities if it can be proved.

This Convention will not apply if the Space Object causes damage to the State who launched the object or to the foreign State who was involved in its programme. 11

4. Registration Convention, 1975- The Convention on the Registration of Launched Objects into Outer Space which is also known as the Registration Convention, 1975, is a convention that specifically paves its way through Article VIII of the Outer Space Treaty, 1967. This Convention provides for the maintenance of a central register of objects launched into Outer Space on a mandatory basis by the Secretary-General of the United Nations. It establishes the procedures to be followed by the member States to assist
in the identification of the space objects and provides for a mandatory system of registering the objects launched into the outer space. It helps in the identification of State who launched the object into the outer space so that the State can be held liable to pay compensation if the object causes any damage. It also helps in minimalizing the possibility of weapons of mass destruction being furtively put into the Orbit. Since its conception, 69 countries have ratified the Convention. UNOOSA maintains the register which includes the Name of the Launching State, An appropriate designator of the space object or its registration number, date and territory of launch, basic orbital parameters, and general function of the space object12.

5. Moon Agreement, 1979- It is an International Treaty which gives the jurisdiction over the moon to the international community as Moon has become an area of international conflict. As the Moon is the natural satellite of Earth, it has an important role to play in the exploration of Outer Space. Since its conception, it has been ratified by 5 countries and it has 11 countries as signatories. This treaty has been the most controversial treaty and has failed in its object after the starting of the manned space missions.

Article III of the Agreement, speaks that all State Parties can exclusively use the surface of Moon for peaceful purposes and any hostile act or an attempt of a hostile act (including the deployment of weapons of mass destruction) on the surface of the moon which can pose a threat to Earth, Moon, personnel on Spacecraft or any other space object, is strictly prohibited. It provides that the use of military personnel for scientific research or for any other peaceful purpose shall not be prohibited13. Article IV of the Agreement gives freedom to all nations for exploration and use of the moon and other celestial bodies without discrimination for the purpose of scientific research in the interest of mankind.

The Agreement also provides for measures to be taken by States to prevent the disruption of the existing balance of the lunar environment. It also says that the minerals present on Moon are the common heritage of mankind and no state can claim sovereignty over the moon and its resources. It also provides that the States can claim jurisdiction over the space objects which they launched on the surface of the moon14.

UN Programme on Space Applications

In the following decades, the activity is Space has expanded abruptly and has demonstrated its usefulness by making crucial contributions in the Social and Economic Development of the World. The use of Space Science and Technology has expanded and has been useful in various areas like maritime, aviation, land transportation, urbanization, mapping and surveying of natural resources, disaster risk management, food security, and environmental monitoring.

In 1971, the UN Programme on Space Applications was established which was a part of the United Nations Outer Space Division. In 1982, UNISPACE 82, broadened the mandate of the programme and set up five regional centers for space science and technology education, which was affiliated to the United Nations. UNISPACE III held in 1999, further increased the benefits derived from space technology and its applications. It led to the establishment of

UN-SPIDER and the International Committee on Global Navigation Satellite Systems (ICG) and provided for user communities of Global Navigation Satellite Systems (GNSS). 15

Various Initiatives of the programme on Space Applications are:

· Basic Space Science- The Programme on Space Applications launched a long-term initiative for the development of basic space science and for international and regional cooperation in this field. Workshops will be conducted on astrophysics and astronomy for college students and they will also be provided with educational materials. These workshops helped in the coordination of activities that were related to International Helio-physical Year (2007) and International Year of Astronomy (2009). 16

· Basic Space Technology- Many countries are working towards making them self-reliable and capable to enhance themselves in the development and use of basic Space Technology so that they can effectively make use of space applications. Universities and Space Related Organizations of these nations are working together in mastering the development of small satellites which are expected to play an important role in a wide range of operations. The Objective of BSTI is to address the increasing role of small nanosatellites for education and basic space science and to promote international cooperation and information exchange in capacity building in basic space technology17.

· Human Space Technology- Human space flight began in 1961 when Yuri Gagarin was the first human to travel to space. In 1969, Neil Armstrong became the first human to step on Moon. In 1999, UNISPACE III encouraged the international community for us of International Space Station, which is a remarkable achievement, which helps in the exploration of space. HSTI aims at promoting international cooperation in human space flight and activities related to space exploration. It also created awareness among the member States of the benefits of using human space technology. It organizes various symposiums and workshops in order to disseminate information on human space technology. HSTI also distributes experimental instruments to various universities and research institutions that simulate microgravity on the ground18.

Areas of work:

· Global Navigation Satellite Systems- UNOOSA serves as an Executive Secretariat to the International Committee on Global Navigation Satellite Systems, which helps in

coordinating and improving overall GNSS service around the world. To build capacity related Satellite navigation and location-based services in the developing nations, the programme organizes workshops and training courses on a variety of uses of GNSS on the land, sea, and civil aviation and how it can be used for Geo-Study, geophysics, space whether and meteorology19.

· Disaster Risk Reduction and Emergency Response- The international COSPAS-SARSAT satellite system provides distress alert and location information to search and rescue teams throughout the world, for maritime, civil aviation and land users in distress. The system comprises emergency beacons that send distress alert signals to rescue teams. More than 1 million beacons have been installed on maritime vessels, air vessels, and land moving vehicles. UN-SPIDER is a web-based centralized system that stores information and solutions to support disaster risk management and emergency response20.

· Natural Resources Management and Environmental Monitoring- Remote Sensing through satellites helps in the management and finding of natural resources and for monitoring the environment. The data received from space helps in studying hydrology, geology, mountain ecological studies, mineralogy, etc. The Programme on Space Applications organizes workshops and meetings to assist developing countries with the use of remotely sensed data for managing the minerals and natural resources. Regional Centers also provide training to use such technology. Workshops are being arranged for further enhancement of these space applications21.

· Climate Change- Climate Change threatens economic and social growth as well as the survival of all human beings, plants, and animal species. IPCC projects that if the emissions rise at the current pace then, it would create serious impacts on sea-l
evel rise, shifts in growing seasons, earthquakes, storms, floods, droughts, and temperature increase. As a global array of networks of system monitor climate change, satellites also provide important observations of the changing climate system. Satellites monitor the effects of greenhouse gases, changing of ice in polar caps, increasing sea level, increasing temperature, etc. The Programme on Space

Applications conduct a variety of awareness, training, and capacity-building programs to access and use of satellites-based data information in support of sustainable development22.

· Space Technology Applications and Health- There are around 1400 infectious diseases due to which millions of people die every year. In order to combat these epidemics information derived from Earth Observation and meteorological satellites in combination with GGNS and GIS helps in the study of disease epidemiology, enabling greater use of spatial analysis to identify the ecological, environmental and other factors that contribute to the spread of vector-borne diseases, by locating hot spots, monitoring disease patterns and defining the areas that require disease control planning. The Programme on Space Applications coordinates with WHO and ESA which takes initiatives to identify the needs of the developing countries for telehealth and tele-epidemiology23.

· Space Technology and Socio-Economic Benefits- In 2010, the Programme on Space Applications started a workshop to promote the use of Space Technology for Socio-Economic benefits, particularly in developing countries as there has been a decrease in the cost of space products and ancillary equipment’s.

Space 4 Sustainable Development Goals

There are 17 Sustainable Development Goals which must be achieved by the United Nations with the help of Space Technology and Law until 2030. These 17 SDG’s are:

1. No Poverty

2. Zero Hunger

3. Good Health and Well-Being

4. Quality Education

5. Gender Equality

6. Clean Water and Sanitation

7. Affordable and Clean Energy

8. Decent Work and Economic Growth

9. Industry, Innovation and Infrastructure

10. Reduced Inequalities

11. Sustainable Cities and Communities

12. Responsible Consumption and Production

13. Climate Action

14. Life below Water

15. Life on Land

16. Peace, Justice and Strong Institutions

17. Partnerships for the Goal

Militarizing Outer Space and its Threat to Mankind

The Legal order for outer space that exists today is closely related to the international community’s efforts to prevent the arms race in space between the USA and Russia. As we discussed above that, UN formed COPUOS to promote international peace and harmony in the exploration and use of outer space, there has also been a resolution passed by the UN General Assembly known as the Outer Space Treaty, in which Article IV stated that no State shall carry nuclear weapons or any other kind of weapons of mass destruction into space and install them on the moon or any other celestial body in outer space in any manner. In order to stop testing and deploying nuclear weapons into outer space, UN General Assembly passed a treaty on Banning Nuclear Weapon Tests in the Atmosphere, Outer Space, and Water, which was signed in Moscow on 5th August, 196324. As of now, 125 UN members have ratified this Treaty.

According to the Stockholm International Peace Research Institute, during the 1970’s 60% percent of the satellites were launched for military purposes. As the International Community opposed the use of satellites for military purposes, but now the community has agreed the Passive Use of Satellites for military purposes rather than Active Use. Passive uses can be defined as the use of satellite for military communication purposes, keeping an eye on the border activities, assisting counter-terrorism operations, and connecting the command center with the armed forces bases at different remote locations with no connectivity. Active uses can be defined as using satellites for electronic warfare system, deploying nuclear weapons or weapons of mass destruction or ICBM’s and ASAT missiles, or disrupting the signals of satellites of other nations with kinetic energy, orbital threats, direct energy threats.

Today, space has become a seamless part of many military and civilian activities. USA, Russia, China, Iran, and North Korea are improving their technological capabilities to prepare for a war that might be fought future in Outer Space. Developments of ICBM’s and ASAT’s, pose a threat to the very existence of mankind and nations are also developing countermeasures to prevent these attacks.

Conclusion

In my opinion, as the Commercialization and Militarization of Outer Space is increasing day by day, and after seeing the on-going problems between the USA, China, Russia and India, it seems that there is not much time left when there will be a war in Outer Space also. So, in order to prevent these war-like situations, the UN should intervene in between and stop the conflict, otherwise, there will be a huge loss of mankind as all the countries are developing ICBMs, ASAT, and other missile systems. We have also seen that Government as well as Private Companies are launching various Space Programmes such as SpaceX program, Asgardia the Space Nation 25etc. to take the Space Technology and creativity at another milestone. This will help us to face the future challenges such as scarcity of resources and place to live. NASA has also found water and ice on Mars. In the coming future, we will see another planet in the milky way galaxy having human civilization.

Author: Shrey Mohan, Legal Intern at Legal Desire (June 2020)

Currently, I am a 3rd Year Law Student studying at Bennett University (TOI Group), Greater Noida, and also pursuing my CS Executive. After joining the Law School, I came across various branches of law and I found Intellectual Property Rights and Corporate Law very promising and wanted to pursue my career in this field of law. I want to pursue LLM in the field of International Intellectual Property Rights.