Aayush Desai Crime Project.docx

PROJЕCT SUBMITTЕD IN PARTIAL FULFILMЕNT OF RЕQUIRЕMЕNTS B.B.A., LL.B. (Hons.)

TOPIC: “International Space Law”

SUBMITTЕD BY: AAYUSH DЕSAI SY.BBA, LLB. (Hons.) 81002170054

SUBMITTЕD TO: Prof. Afrin Khan

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Introduction: “The body of international and national laws and customs that govern human activities in outer space”, a definition of space law given by The American Bar Association. It was 4th of October 1957, when the Soviet Union launched the world’s first artificial satellite in space, the Sputnik 1. It came out as a shocker, the US was left behind, in the second position in the space race, something that made the Americans really sad. This came out to be as a realization point towards the need and development of a common space law. Prior to the launch of Sputnik, the legal status of outer space was undefined. Thus in this age of countries getting rapidly into the space race, we require a uniform space law, far better than what we have today. There was a time when we fought wars for territory on Earth, there will be a time when we will do it all over again, not for Earth but for the other bodies, the only difference would be the amount of destruction and weapons used, far more deadly than ever witnessed by any human across the globe. So, for us, every single owner of this beautiful planet, is the time when we draft and adopt a universal law on the activities taking place in the outer space which covers all the necessary aspects related to it.

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Research Question: 1. What are the existing laws that govern the space activities? 2. Who has Legal Jurisdiction over crimes committed in space?

Literature Review: 1. V. S Mani, S. Bhatt, V. Balakista Reddy - Recent Trends in INTERNATIONAL SPACE LAW AND POLICY, NALSAR University of Law, 2016. A compilation of various research paper written on the topic related to the outer space with special emphasis on the legal aspect. Foreword by Judge WeeramantryInternational Court of Justice make it a reliable source of gathering basic information and data regarding the past and the recent trend in International Space Law and Policy. 2. Halket, Thomas D., et al. “BIBLIOGRAPHY OF THE LAW OF OUTER SPACE.” Jurimetrics, vol. 22, no. 2, 1982, pp. 195–238, JSTOR. An old but resourceful book that gave an insight into the opinion on the International Space Law in 1982. This will further help in determining the future scope of development of the International Space Law. The book was used as a reference to clear doubts him making the same project.

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Chapters I - Existing Laws that Govern the Space Activities ………………4-5

Chapter II - Legal Jurisdiction in Outer Space……………………………….6-7

Chapter III - The Recent Trends in International Space Law and Policy………8

Conclusion……………………………………………………………………...9

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Chapter I Existing Laws that Govern the Space Activities It was 1959 when the United Nations created the Committee on the Peaceful use of Outer Space (COPUOS). Dividing the committee further into COPUOS Scientific and Technical Subcommittee and the second one, the COPUOS Legal Subcommittee. It is the latter one that monitors and helps facilitate discussions and conclusions on international agreements in relation with the Outer Space.

There are a total of Five International Treaties that were negotiated in the Committee on the Peaceful use of Outer Space: 1. The Treaty on Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, 1967: This treaty forms a floor for the International Space Law. Also called the "Outer Space Treaty", it puts a ban on the states from placing mass destruction weapons in the planet’s orbit, or deploying them on the only natural satellite we have, the Moon or on any other celestial bodies in the space, or otherwise deploying them elsewhere in the outer space, no matter the purpose. It also bars them from using Moon and other celestial bodies to perform weapon testing, practicing military maneuvers or constructing any kind of military bases, fortifications, and installations of defense and weaponry. The drawback being the inability of this treaty to ban the deployment and use of conventional weapons in the outer pace, and so the possibility of highly destructive attacks are possible to be carried out. It also strictly states that the exploration shall be done not for a single but for the benefit of everyone. It also prevents states from claiming any part or whole of any celestial body in the outer space. Also, if there is any destruction caused there, the country who caused the damage is liable for the same. 2. The Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, 1968: According to this treaty if any state that receives any information on any human personnel of an aircraft is if, in any form of distress, the state must notify the same to the launching authority as well as the Secretary-General of the UN. Also called as “Rescue Agreement", it further states that a party to the treaty shall provide assistance for the rescue of that personnel in all possible manner, no matter the reason, if the distress arises in an area that is outside the jurisdiction or reach of any nation, then the state in position to do so shall extend all necessary assistance in the search and rescue operation.

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3. Convention on International Liability for Damage Caused by Space Objects, 1975. If any party state launches any space object or procures the launching of a space object of any other state, it is the former who is completely liable for any damage occurring due to that particular space object. If more than one state joins together for the launch of a space object, then they shall be jointly and severally liable for the damages caused to the third party. This agreement is also called the "Liability Convention." 4. Convention on Registration of Objects Launched into Outer Space, 1975. A very basic convection which states that the launching state shall maintain a registry that maintains the data of every space objects launched, such registry shall be established and the information for the same to be communicated to the SecretaryGeneral of the United Nation. It is also known as the Registration Convection.

5. Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, 1979. Somewhat similar to the 1967 treaty, but fail to attract a large number of states as parties for the same. It bans the military use and testing of weapons or the use of any celestial bodies as a military base. Denies access to explore those celestial bodies without approval, and only if it benefits other states. Also makes it mandatory to report it to the UN Secretary-General of the launch activities and its discoveries. Making the samples collected during that mission, available to all other member states for their research and benefits. Bans the ownership of land on any extra-terrestrial by any organization or an individual. There are other minor clauses too, but the lack of their ratification by countries contribution majorly to the space missions makes this “Moon Treaty” less important.

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Chapter II Legal Jurisdiction in Outer Space It 1950 when the countries started chasing each other in the space race, it as the United Nation that formed a committee and created a base for the debates on the introduction of law in the outer space. The UNCOPUOS drafted the Outer Space Treaty, which is described in Chapter1 of this Research Paper. Though the states agree on the point that the outer space would be a property of all mankind together, there are a set of laws required for proper conduct in the extra-terrestrial area as well. No doubt there is UNCOPUOS, but it fails to lay down a detailed set of rules towards the exercise of State Jurisdiction on the activities conducted in the Outer Space. Recently, Elon Musk, the CEO of Tesla an energy storage company, has now started manufacturing space crafts, already floating right in the outer space. Which point towards an upcoming era, soon where unique agreement between the individuals takes place, who may not necessarily be state representatives, and thus the pace treaty won’t be applied to such individual, something that the space treaty has not anticipated yet. The aspect of law should be expanded to civil matters as well. Either it is a failure or a neglect in adopting fresh space treaty, it was 1984 when the last space treaty was signed. The main source of law in the outer space is nothing but International Law, local laws of a state cannot prevail there due to lack of jurisdiction. It is 60 Mile or 100 km from the lowest point in the sea where space starts. The state parties shall act in accordance with international law in addition to the charter of the United Nations. If the space treaty fails, the General International Law is applicable in such cases, as stated in the Law of The International Court of Justice. The Statute states that the court in deciding disputes shall apply:

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(a) International conventions, whether general or particular establishing rules expressly recognized by the contesting States; (b) International custom, as evidence of a general practice accepted as law; Commented [G49]: Inserted: z

(c) The general principles of law recognized by civilized nations; (d) Subject to the provisions of article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as a subsidiary means for the determination of the rules of law.1 Out of the four, only three of the statues are binding on the International Court. These are the ones that can be relied upon and can be called a substantive law. This law provides a much larger determination, especially when it has to deal with an indefinite space. A particular crime like killing someone may be an illegal act in all the countries but the ingredient for the same differs, so the middle most ground for developing further on the international principle of space law from general principles of law would be a wise and fair decision. So, a substantive space

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The statute of the International Court of Justice art. 38(1), June 26, 1945, T.S. 993. available at http://www.icj-cij.org/documents/index.php?p1=4&p2=2&p3=0#CHAPTER

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law provides the mankind with a particular set of definition for the International Space Law can be created. For the basic question that one has regarding crime in pace would look like “What if I killed someone in the Outer Space." The answer to such a question lies in The ‘Outer Space Treaty Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies’ states that:

"Each State which launches or procures the launching of an object into outer space, and each State from whose territory or facility an object is launched, is internationally liable for damage to a foreign State or to its natural or juridical persons by such object or its component parts on the earth, in airspace, or in outer space." In other words, you'd be arrested and tried once you get back home as if you had committed the crime on Earth.

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Chapter III The Recent Trends in International Space Law and Policy

Recently the United Nation’s Committee on Peaceful Uses of Outer Space adopted certain guidelines towards the mitigation of the space Debris left by the artificial satellites in the outer space. A new regulatory authority or regime is the need of the hour, and with this Space Debris Mitigation Guidelines, it looks like we are a step further towards the development of the same. This is not the end, still, some work is going on, by a workgroup, under the watch of the UNCOPUOS. While working towards the same, it is taking into consideration various issues like:

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1. Sustainable Space Utilisation - supporting sustainable development on Earth 2. Space Debris - space operations and tools to support collaborative space situational awareness 3. Space Weather - regulatory regimes and guidance for actors in the space arena.2

Though such agreements are made and law formed, but the legal problem that would always prevail is its non-binding nature. With growing privatization across the globe, with the entry of private parties in the space race, Private International Law is the area where the workgroup shall look upon. The Outer Space Treaty is only applicable to member states and not to private companies. Adoption of Space Legislations by each nation locally seems to be an efficient tool to help us solve the problem of commercialization of space in the absence of substantive law.

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Olga Volynskaya, Chief International Law Counsel, Future space is a challenge for international law – Room, The Space Journal. 8|Page

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Conclusion: The innovation in space law always comes in waves, no matter the law of origin, it is always in public interest. There were few instances in the previous century where an idea strikes someone, something that attracts the imagination of everyone and inputs from learned people tarts pouring in, until decades later when a new idea seeds in someone else’s brain. Meanwhile, there's no looking forward to development in that aspect of law at all. Multiple silent decades passed before we entered this period of time where there can be seen a new excitement in space law with the entry of private player in the race. With such advancement by private players in the field, engaging into the highly complex mission at a competitive cost, it clearly points towards the point that the 6-7 decades old treaties would not suffice. In coming years we shall witness a development in the field of Space Law, but the only question that prevails is the capability of legislation across the globe to provide law, so substantive so as to prevent the exploitation of the Outer Space a well.

Bibliography: 1. https://ezproxy.svkm.ac.in:2113/stable/29761778?Search=yes&resultItemClick=t rue&searchText=international&searchText=space&searchText=law&searchUri =%2Faction%2FdoBasicSearch%3FQuery%3Dinternational%2Bspace%2Blaw &seq=3#metadata_info_tab_contents 2. https://culibraries.creighton.edu/c.php?g=163603&p=1073559 3. http://www.iislweb.org/docs/NewPerspectivesonSpaceLaw.pdf 4. http://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties/introouterspacetreaty. html

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