Space treaties play a pivotal role in governing human activities beyond Earth’s atmosphere, ensuring responsible exploration and utilization of outer space while maintaining peace and security among nations. Among these treaties, the Outer Space Treaty stands as a cornerstone, drafted in 1967 to establish fundamental principles governing the exploration and use of outer space. Over the years, as technology advanced and commercial interests in space grew, nations have sought to update and supplement these frameworks. One such example is the Space Activities Bill of 2017, which aimed to regulate space activities and promote safe and sustainable practices in accordance with international law. These treaties and legislative measures reflect the global community’s commitment to collaborative and peaceful exploration of the cosmos while addressing emerging challenges and opportunities in the space domain.
Outer Space:
Outer space refers to the vast expanse beyond a planet’s atmosphere, extending approximately 100 kilometers (62 miles) above sea level for Earth. The boundary separating the atmosphere from outer space is known as the Karman line.
Recent recommendations presented in a UN policy brief titled ‘For All Humanity – The Future of Outer Space Governance’ precede the upcoming UN Summit of the Future. This summit aims to foster multilateral solutions for global governance and envision a better future.
The Proposal for a New Outer Space Treaty:
Rationale:
In recent years, significant transformations have unfolded in outer space, including the weaponization of space and a surge in satellite launches. For instance, satellite launches escalated from 210 in 2013 to 2,470 in 2022, propelled by increased private sector involvement. Furthermore, outer space holds vast reserves of valuable metals like platinum, nickel, and cobalt, prompting governments to consider space resource exploitation.
Challenges like space debris, comprising over 130 million fragments smaller than one centimeter, underscore the pressing need for international cooperation. Without a shared framework governing space resource exploration, exploitation, and utilization, conflicts may arise, posing risks of environmental degradation and cultural loss.
The proposed treaty aims to establish international norms, rules, and principles to govern outer space effectively, foster innovation, and mitigate risks.
Provisions of the Outer Space Treaty, 1967:
- Basic Framework: The treaty establishes the fundamental principles of international space law.
- Benefit of All Mankind: Outer space exploration and use are to benefit and serve the interests of all nations and humanity as a whole.
- Free Exploration: Outer space is open for exploration and use by all countries.
- No National Appropriation: Outer space cannot be claimed by any nation as sovereign territory, nor can it be occupied or used for national gain.
- Ban on Weapons: The placement of nuclear weapons or any other weapons of mass destruction in orbit or on celestial bodies is prohibited.
- Peaceful Use of Celestial Bodies: The Moon and other celestial bodies are to be used exclusively for peaceful purposes.
- Status of Astronauts: Astronauts are considered as representatives of humanity.
- Responsibility for Space Activities: States are responsible for all space activities conducted by governmental or non-governmental entities within their jurisdiction.
- Liability for Damage: States are liable for any damage caused by their space objects.
- Prevention of Harmful Contamination: States must take measures to prevent harmful contamination of outer space and celestial bodies.
Existing Treaties:
Historically, efforts to regulate outer space activities include the establishment of the Committee on the Peaceful Uses of Outer Space by the UN in 1959. Subsequently, in 1963, nations agreed to ban nuclear weapons testing in outer space. The 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, prohibits weapons of mass destruction but not conventional weapons.
In 2022, UN members endorsed guidelines addressing space debris mitigation, nuclear power source safety, sustainability of outer space activities, and transparency measures.
Key Features of the Recommended Treaty:
The proposed treaty integrates both binding and non-binding norms to address emerging risks to outer space security, safety, and sustainability. It will deliberate crucial legal issues such as jurisdiction, control, liability, and environmental pollution responsibility across generations.
Additionally, the treaty seeks to prevent armed conflict in outer space and forestall its weaponization. It advocates for effective coordination of space situational awareness, object maneuvers, and events. Furthermore, the treaty envisions a framework for sustainable exploration, exploitation, and utilization of the Moon and other celestial bodies for the collective benefit of humanity.
Other Space Treaties:
The United Nations Committee on the Peaceful Uses of Outer Space (COPUOS) functions as the principal body tasked with the development of International Space Law, culminating in the establishment of five key international treaties:
- The “Moon Agreement”: Designed to govern the activities of states on the moon.
- The “Liability Convention”: Establishes international liability for damages caused by space objects.
- The “Outer Space Treaty”: Regulates the activities of states in outer space.
- The “Rescue Agreement”: Facilitates the return and rescue of astronauts and objects launched into outer space.
- The “Registration Convention”: Mandates the registration of objects launched into outer space.
The United Nations Office for Outer Space Affairs (UNOOSA) acts as the secretariat for COPUOS, responsible for implementing the Secretary-General’s duties under international space law, including maintaining the United Nations register of objects launched into outer space.
The Asia-Pacific Space Cooperation Organization (APSCO) operates as an intergovernmental organization with full international legal status, headquartered in Beijing, China. Member states include Bangladesh, China, Iran, Mongolia, Pakistan, Turkey, Peru, and Thailand, while Mexico holds observer status and Indonesia is a signatory. A primary objective of APSCO is to foster collaboration among member states by facilitating data sharing, space object tracking, and the establishment of a space communication network.
The Space Activities Bill, 2017:
The burgeoning interest of the private sector coupled with the imperative need for structured growth in the space domain necessitates the establishment of a robust legal framework. Recognizing this imperative, the Space Activities Bill, 2017, aims to regulate and promote India’s space endeavors while encouraging the active participation of non-governmental and private sector entities.
Objectives:
The primary objective of the Space Activities Bill is to foster and regulate India’s space activities by facilitating the involvement of non-governmental and private sector agencies under the guidance and authorization of the government, administered through the Department of Space.
Legal Framework:
At the international level, outer space activities are governed by treaties and principles formulated by the UN Committee on Peaceful Uses of Outer Space (UNCOPUOS). India, as a signatory to the Outer Space Treaty of 1967, upholds its commitments. The Constitution of India empowers the implementation of international treaty obligations through Articles 51 and 253, while granting Parliament residual legislative powers over unenumerated matters.
Background:
The absence of a structured framework has hindered independent private participation in space activities, creating challenges related to transparency, licensing timelines, and continuous supervision mechanisms. Addressing these issues is imperative to bolster initiatives like ‘Make in India’ and encourage Foreign Direct Investment (FDI) in the space sector.
Salient Features:
- Applicability: The Space Activities Bill extends to all citizens of India and sectors engaged in space activities within or outside the country.
- Licensing: The Central Government shall issue non-transferable licenses for commercial space activities, ensuring adherence to eligibility criteria and prescribed fees.
- Registry Maintenance: A register of space objects launched or intended for launch around the Earth shall be maintained, with the Central Government formulating mechanisms for licensing and registration.
- Regulatory Oversight: The Bill mandates the provision of professional and technical support for commercial space activities, along with regulating conduct, operation, and safety standards.
- Incident Investigation: It empowers authorities to investigate incidents or accidents related to space activities, ensuring adherence to safety protocols.
- Technology Sharing: Details regarding pricing of products derived from space activities and related technologies shall be shared with prescribed entities.
- Enforcement: Unauthorized commercial space activities shall attract penalties, including imprisonment and fines exceeding ₹1 crore, to deter non-compliance.
- Intellectual Property Rights (IPR) Protection: Provisions for safeguarding IPR arising from space activities are enshrined within the Bill.
The Space Activities Bill, 2017, thus embodies a comprehensive legal framework designed to facilitate responsible, transparent, and orderly growth in India’s space sector, while safeguarding national interests and promoting innovation and collaboration.
FAQs
1. What is the Outer Space Treaty?
- The Outer Space Treaty, adopted by the United Nations in 1967, is a foundational document governing activities in outer space. It outlines principles such as the peaceful use of outer space, prohibition of placing weapons of mass destruction in orbit, and the responsibility of states for national space activities.
2. How does the Outer Space Treaty promote international cooperation?
- The treaty encourages international cooperation by emphasizing the exploration and use of outer space for peaceful purposes. It promotes the exchange of scientific information and collaboration on space missions among nations, fostering a spirit of mutual benefit and advancement in space exploration.
3. What is the significance of the Space Activities Bill, 2017?
- The Space Activities Bill, enacted in 2017 by certain countries, serves as domestic legislation to regulate space activities conducted by private entities within their jurisdictions. It outlines licensing procedures, safety measures, and liability frameworks to govern commercial space ventures, ensuring responsible and orderly conduct in the burgeoning space industry.
4. How does the Space Activities Bill balance innovation and safety?
- The Space Activities Bill establishes regulatory frameworks to encourage innovation while prioritizing safety and environmental protection. By requiring licenses for space activities, it enables governments to assess and mitigate potential risks associated with launches, satellite deployments, and other space operations, fostering a sustainable and secure space environment.
5. Does the Outer Space Treaty address contemporary space challenges?
- While the Outer Space Treaty remains a cornerstone of space law, some argue that it needs updates to address modern challenges such as space debris, commercial exploitation of space resources, and military activities in space. International discussions continue on how to adapt existing frameworks or develop new agreements to address these evolving concerns while upholding the principles of peaceful and cooperative use of outer space.
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