Author: Sara Singh, Law Centre-II, University of Delhi
Abstract
The commercialization and militarization of outer space have severely compromised the capacity of framework of international space law.Draftedduring the cold war, the Uniter Nations space treaties are inadequate for addressing present day paradoxes. This article analyzes the growing gap between modern space industry and outdated classic corpus juris spatialis.
To The Point
The main problem in space exploration is that technology has overpowered global space governance. The older treaties didn’t even assumedthat nations other than superpose will ever reach space yet, today private institutions are leading in space. Without updated, unform international legislation, the global community risks a tragedy of commons as today corporations are deploying tens of thousands of dynamic satellite constellations and this leads the danger of collisions and orbital overcrowding.
Use Of Legal Jagron
The treaties are based on doctrine of res communis, means the outer space has no ownership and is common to all is accessible to all as per Article I of the Outer Space Treaty of 1967 “province of all mankind’’. However, under Article VI, states have the responsibility for national activities in outer space, which means they have to supervise and authorize of non government body
This framework creates conflict when weighed alongside fault- based liability in orbit. The 1972 Liability Convention shifts to a fault-based standard for damage sustained elsewhere than on the surface of the Earth, whereas the 1972 Liability Convention imposes absolute liability on a launching state for damage caused by its space object to aircraft in flight or the Earth’s surface. Proving proximate causation and legal “fault” for a collision caused by untrackable, millimeter-sized debris shards remains a nearly unattainable evidentiary hurdle under public international law.
The Proof
The surge in space operations is a direct evidence of this legal strain. The commercial launches, has shifted the payload baseline . As per data maintained bye Uniter Nations Office for Outer Space Affairs (UNOOSA), the large amount of registered trackable satellites is evidence of the crowded earth orbit which could lead to a dangerous disaster.
The reality of crowded environment is documented by space situational awareness networks, which track over 30,000 pieces of debris larger than a softball, travelling at a speed more than 27,000 km per hour. This evidences the risk of Kessler syndrome- a cascading chain reaction of satellite collisions generating autonomous fields of debris.
Case Laws
* THE COSMOS 954 INCIDENT (1978)
Application of liability convention
Soviet nuclear pwered satellite crashed into Canadian territory . Canada invoked the Liability Convention, forcing diplomatic settlement where USSR paid millions for clean-up expenses.
* CC/DevasV. Republic of india (2016-20)
Investment protection for space infrastructure and spectrum assets
Foreign investors filed claims under BilaeralInvestment Treaties (BIT) after India’s state-backed space entity canceled a satellite spectrum lease. International tribunals ruled that electromagnetic spectrym and orbital positions constitute protected “investment”, creating precedent for corporate protection against state regulatory actions.
CONCLUSION
The international legal order governing outer isfacing a make or a break turning point in history where it has to fundamentally change or it will break down completely. The classica treaty is originated from cold-war state of diplomacy, which is inadequate for multi constellation commercial architectures and aggressive space exploration program. Revolving these issues requires a codified enforceable statute targeting space traffic management, mandatory debris cleanup protocols and a framework for even resource distribution. To keep the space peaceful our legal structure must evolve as fast as our rockets do.
FAQs
Q1 CAN PRIVATE COMPANY LEGALLY OWN AND ON THE MOON?
A1 NO , while the Artemis Accords allow extraction and commercial use of lunar space resources, as per Article II of Oter Space Treaty nation appropriation of celestial bodies is prohibited.
Q2WEAPONS ARE ALLOWED IN OUTER SPACE UNDER CURRENT LAWS?
A2 It depends on weapon type. The Article IV of Outer Space Treaty prohibits nuclear weapons or any other mass destruction weapn in Earth’s orbit or celestial bodies however conventional weapons like missiles are not mentioned in it.
