Dr.

Ram Manohar Lohiya National Law

University, Lucknow

B.A. L.L.B. (Hons.), Semester I

(2018-2023)

BASICS OF CASE LAW

FINAL DRAFT

Topic: The effect and scope of the Outer space treaty in India

Under the supervision of: Submitted By:

Mr. Abdullah Nasir Aayaksh Chadha

Assistant Professor Roll. No. – 1

Enrolment number - 180101003

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 PREFACE
As a part of Basics of Case Law curriculum and in order to obtain knowledge in the field of law, I have
chosen the above mention topic as per my area of research. The main aim of my project is to
highlight the need for a more proactive space law in India and the world.

During my research I also took reference and help from the internet and read space journals as well
as magazines.

I would like to thank Mr. Abdullah Nasir for giving me this opportunity as well providing his able
guidance from time to time.

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 CONTENTS

Preface Page 2

Introduction Page 4

India’s current position in space law Page 5

Need for a better space law Page 7

Conclusion Page 9

Bibliography Page 10

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INTRODUCTION
The outer space treaty, officially the Treaty on Principles Governing the Activities of States
in The Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies.

This treaty forms the basis of the international space law and acts as its basic legal
framework. Among its principles the most important are the ban of placing of weapons in
space or on any other celestial body. This treaty also forbids any government to claim any
other celestial body for its own purposes. Article II of the treaty states that "outer space,
including the Moon and other celestial bodies, is not subject to national appropriation by
claim of sovereignty, by means of use or occupation, or by any other means." However, the
State that launches a space object retains jurisdiction and control over that object. The State
is also liable for damages caused by its space object.

Even though this treaty limits the use of celestial bodies for peaceful purposes and prohibits
their use for testing weapons of any kind, conducting military manoeuvres, creation of
military bases, installations or fortifications of any kind. Even though this treaty bans the use
of weapons of mass destruction, it says nothing about the use of conventional weapons in
space and that still poses a sizeable threat to the treaty.

This treaty also aims to promote exploration of outer space for the benefit of all countries
and that space should be open for exploration by all countries.

This treaty is most important as it keeps space from becoming the fourth dimension of
warfare.

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India current and future position in space administration
India’s space agency ISRO has made significant advancements in space technologies over
the last couple of years and has even made India come at par with Russia and the US. The
use of indigenous technologies in the process has made the process quite affordable.
Multiple countries now launch their satellites by Indian rockets and only last year India
made headlines by launching 104 satellites in one go.

The government of India should consider giving a renewed focus to the diplomacy
surrounding the use of space. India has lacked initiative in the efforts going on in the world
to update the outer space treaty. It has not supported the European Union’s proposal for a
Code of Conduct for Outer Space Activities, and it also watched silently while China and
Russia joined efforts to issue a draft for a treaty on the prevention of the placement of
weapons in outer space. However, if India aims for greater recognition in the international
scenario, it is about time to take a more proactive stance on the creation of new norms and
rules in global governance.

The existing international space regime includes several outdated treaties – mainly the
Outer Space Treaty from 1967 and the Moon Treaty from 1979. These documents do not
deal with urgent issues for today’s space exploration, including the prohibition of non-
nuclear weapons tests in space and the creation of risky debris from the destruction of old
satellites. The entrance of new actors, specifically in the space communications industry,
makes it increasingly difficult to coordinate the positioning of new satellites in an already
overcrowded orbit. Moreover, it is still unknown how those new actors – including China
and India – will behave in space: whether they will choose to follow the peaceful use of
space, or whether militarization will be their path.

It is also imperative to act now in the national security but also because it needs to cement
its position as an agenda setter in the wake of vacuum created by the slow growth of USA
and Russia and by the rapid rise of China in the space industry. India’s use of indigenous
materials has made it a leader in this very industry but in can also act an economic stimulant
and also create new partnerships with other countries while also enhancing its cooperation
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with other countries like the US and China.

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India can promote the creation of a more comprehensive regime for the use of outer space
in a variety of ways. It is possible, for example, to start discussions within organizations like
the BRICS (Brazil, Russia, India, China, and South Africa), IBSA (India, Brazil, South Africa),
and the Shanghai Cooperation Organization. India can also actively engage with existing
forums, such as the UN Committee on the Peaceful Use of Outer Space and ongoing
discussions held by the European Union on the creation of a code of conduct.

The Outer Space Treaty will be celebrating its 50th anniversary this year; 2017 might be a
good year for India to start an active campaign for an upgrade in the space regime. It might
be difficult for India to build a new international institution or create legally binding treaties,
but it can work on the promotion and creation of new conventions, cooperation
agreements, and consensual norms.

India can use this opportunity to enhance its image in the area of international relations and
shift the future of space research in the hands of Asia as it is in other spheres of global
governance.

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Need for a better space law

In India, only government entities have a hold over the space sector, the Indian Space
Research Organisation (ISRO). Outsourcing only involves a certain degree of supply and
manufacture of components by some commercial industries. Recently, a pleasant surprise
poured in when ISRO, in promoting the ‘Make in India’ campaign, outsourced satellite
manufacturing to a private sector enterprise for the first time. Last year, ISRO signed a
contract with an Indian start-up to launch a spacecraft, which will attempt to land on the
Moon. These are indicative steps towards the creation of a private space industry ecosystem
that will lead to greater transitional, bilateral and multilateral activity. Outsourcing would
ultimately help reduce ISRO’s time spent on satellite and launch vehicle building and let it
focus on avant-garde research to enhance India’s sorties in outer space. A cogent and user-
friendly framework would ensure smooth functioning of these interfaces, avoid conflict
amongst them and protect the operator and the government when any liability arises in the
case of damage.

India’s move from dependency to self-sufficiency in terms of its launching adeptness could
make it the world’s launch pad. The cost-effective space programmes have attracted other
nations and multinational units to enter into formal agreements with India to support them
in their respective space projects and carry out satellite launches for them. The advent of
commercialisation, thus, calls for revising of domestic laws, such as, the laws of contract,
transfer of property, stamp duty, registration, insurance and most importantly, intellectual
property rights, to contemplate space related issues.

The growing worldwide concern over space debris has reached the home turf too. India
finds itself at the centre of an international dispute over the fall of debris from an Indian
satellite on a Japanese village, which was retracing back to Earth. As signatory to the
Convention on International Liability for Damage Caused by Space Objects, 1972, India has
an absolute liability to pay compensation for damage caused by its space object on the
surface of the Earth or to aircraft in flight. However, with no national space law and policy, it
is tough for India to determine the quantum of damages owed. Additionally, legislation
would also help to assess and decide responsibility in the event of space debris collision with
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objects suspended in outer space, damage being unavoidable.

Space debris leads to ‘space junk’. Whether ‘polluter pays’ principle applies or not, warrants
consideration. Also, there is wastage of the launch systems that fall back to Earth after
propelling the payload into orbit, adding to ecological perils. It’s about time domestic laws
are geared towards regulating the reuse of launch systems and that of ‘space junk’.

For better or for worse, ‘space’ has become integral to 21st century warfare. An Indian
space law would go a long way towards serving the military craft a solid space-war strategy
and security plan. Further, China’s highly charged-up showcase of military prowess in space,
for example, the anti-satellite tests, makes the need for a domestic law and a military
stratagem all the more essential.

Finally, for India to be at the vanguard of an innovation and technology-driven new

international order, apart from leading the way on space research and development
programmes, there is an urgent need to create accurate laws encompassing the ‘space
dimension’, as extensively as we have covered the land, air and water dimensions.

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Conclusion
‘Space’ should not remain restricted to the concerns and expertise of science, technology,
defence and security of the nation. It must be interpreted as important for the ordinary
citizen whose life will be augmented by its enormous positive potential. In pursuance of this
objective, a national space policy and a legal regime is a necessity. President John F.
Kennedy once said, "We set sail on this new sea because there is new knowledge to be
gained, and new rights to be won, and they must be won and used for the progress of all
people. For space science, like nuclear science and all technology has no conscience of its
own… I do say that space can be explored and mastered without feeding the fires of war,
without repeating the mistakes that man has made in extending his writ around this globe
of ours."

Even though the speed of our progress is commendable we must still pursue towards better
measures in the form of a more proactive space law. Today, there are 22 nations that have
domestic space laws, of which Australia, Japan and South Korea are the only Asia-Pacific
regions that have implemented international conventions through national laws. India must
also strive for it as This will be a catalyst to further boost India’s space activities and regulate
them to be in sync with dynamics of global space activities. Therefore, a robust space
regime is absolutely crucial. Its absence can hinder India’s growth in future. We must take
proactive measures to ensure its formulation and implementation.

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Bibliography
1. Definition of Space Law, Encyclopaedia Britannica Online: Academic Edition
2011 available at http://www.britannica.com/EBchecked/topic/557401/space-law
2. https://www.thehindu.com/news/national/ISRO-launches-104-satellites-in-one-go-
creates-history/article17305373.ece
3. https://thediplomat.com/2017/03/why-india-should-help-shape-norms-for-outer-
space-activities/
4. https://spacenews.com/op-ed-keep-space-code-of-conduct-moving-forward/
5. https://www.livemint.com/Science/6uxgbhcNcRfBtbWyq63wTO/US-lawmakers-
seek-review-of-Outer-Space-Treaty-amid-competit.html
6. https://www.insightsonindia.com/wp-content/uploads/2017/08/Outer-Space-
Treaty-OST.pdf
7. https://www.civilsdaily.com/the-strategic-importance-of-space-law-for-india/
8. https://www.thehindu.com/opinion/open-page/why-india-needs-a-space-
law/article19094453.ece

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