SPACE LAW

DR. RAJU KD

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EARLY DEVELOPMENTS

 USSR launched the first earth satellite Sputnik in October 1957.

 Roman Law Principle: “he who owns the land owns it up to the sky”.
 The Committee on the Peaceful Uses of Outer Space was set up by the UN General
Assembly in 1958 with 18 members.
 Now it has 69 Members
 Soviet jurists like Korovin and Zhukov declared that space was res comunis –
common property of mankind.
 Not res nullius – belonged to no one.
 Wilfred Jenks, ICLQ 1957, 99

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UN INITIATIVES

 Delimitation 50 to 100 miles – air space – space

 A.1 of UN Charter: responsibility for lawmaking to maintain international peace
and security.
 1959 – GA-R. 1472 – International Co-operation in Peaceful Uses of Outer Space.
 ITU, WMO, ICAO, UNESCO
 The UN appointed an ad hoc Committee on the Peaceful Uses of Outer Space
(COPUOS) under GA Resolution 1348 and 1721 of 1961.
 It declared that outer space and celestial bodies were free for exploration and
use by all states in conformity with the international law.

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1962
 UN – GA Resolution – 1962- Xvii Adopted in 1963.
 Declaration of Legal Principles Governing the Activities of States in the
Exploration and Use of Outer Space.
 It provided for: use of space for the benefit of al mankind
 Freedom of exploration in accordance with international law.
 Prohibition of national appropriation of space
 International responsibility of states in outer space
 International liability of states for damage and assistance to
astronauts.

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OUTER SPACE TREATY,
1967

 On June 16, 1966, both the United States and the Soviet Union
submitted draft treaties.
 1967 – Treaty on Principles Governing the Activities of States in
the Exploration and Use of Outer Space, including the Moon and
Other Celestial Bodies.
 98 ratifications
 India signed and ratified
 A.1 – freedom of outer space on the basis of equality.

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OUTER SPACE TREATY

 A.II - 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.
 Prohibition of WMD – A.IV – prohibits the placing of nuclear
weapons in an orbit around the earth.
 The Moon and other celestial bodies shall be used by all States
Parties to the Treaty exclusively for peaceful purposes.

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OUTER SPACE TREATY

 A.V – stipulates that astronauts as envoys of mankind in outer

space and shall render to them all possible assistance in the event
of accident, distress, or emergency landing on the territory of
another State Party or on the high seas.
 A.VI – liability
 States Parties to the Treaty shall bear international responsibility
for national activities in outer space, including the Moon and other
celestial bodies, whether such activities are carried on by
governmental agencies or by non-governmental entities

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OUTER SPACE TREATY

 A.VII – liability of launching state

 Each State Party to the Treaty that launches or procures the
launching of an object into outer space, including the Moon and
other celestial bodies, and each State Party from whose territory or
facility an object is launched, is internationally liable for damage to
another State Party.
 A.IX – states shall seek cooperation and assistance from other
states and conduct activities with due regard to the interest of
other states.

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OUTER SPACE TREATY

 A.X – observation of space programmes on the basis of equality.

 A.XI – obliges states to keep the UN informed of the type of activity
they undertake in space.
 A.XII – Installation in space shall be open to inspection.
 A.XIII – space treaty to inter-governmental organizations and groups
of states.

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SHORT COMINGS

 The treaty does not provide an international agency like ICAO.

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RETURN OF
ASTRONAUTS

 Agreement on the Rescue of Astronauts, the Return of Astronauts an

d the Return of Objects Launched into Outer Space
(the "Rescue Agreement", adopted by the General Assembly in its
resolution 2345 (XXII)), opened for signature on 22 April 1968,
entered into force on 3 December 1968, 90 ratifications, 24
signatures, and 1 acceptance of rights and obligations (as of 1
January 2008);
 A.1 – any state receives information about personnel of a spacecraft
have suffered accident or are experiencing conditions of distress or
have made an emergency or unintended landing in territory should
immediately report to the launching authority.
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RETURN OF
ASTRONAUTS

 A.2 – states shall render all assistance to astronauts in distress.

 A.3 – enjoins states to cooperate and help astronauts in difficulty
over the high seas.
 A.4 – astronauts found in any state owing to an accident shall be
returned to the launching state.
 The state should notify the Secretary-General of the United Nations.

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LIABILITY
CONVENTION

 Convention on International Liability for Damage Caused by Space

Objects
(the "Liability Convention", adopted by the General Assembly in its
resolution 2777 (XXVI)), opened for signature on 29 March 1972,
entered into force on 1 September 1972, 86 ratifications, 24
signatures, and 3 acceptances of rights and obligations (as of 1
January 2008);
 liability for damage caused by space objects and to ensure, in
particular, the prompt payment under the terms of this Convention
of a full and equitable measure of compensation to victims of such
damage.
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LIABILITY
CONVENTION

 States (countries) bear international responsibility for all space

objects that are launched within their territory.
 This means that regardless of who launches the space object, if it
was launched from State A’s territory, or from State A’s facility, or if
State A caused the launch to happen, then State A is fully liable for
damages that result from that space object.
 Full liability to the extent of damage.

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LIABILITY
CONVENTION

 Joint Launches:
 A.V - If two states work together to launch a space object, then
both of those states are jointly and severally liable for the damage
that object causes.
 This means that the injured party can sue either of the two states
for the full amount of damage.

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LIABILITY
CONVENTION

 A.XII - The compensation which the launching State shall be liable

to pay for damage under this Convention shall be determined in
accordance with international law and the principles of justice and
equity.
 A.XIV – if the parties are not settling the claims through diplomatic
negotiations, both parties may constitute a claim commission.

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COSMOS 954

 However, in 1978, the crash of the nuclear-powered Soviet satellite

Cosmos 954 in Canadian territory nearly led to a claim under the
Convention.
 For these recovery efforts, the Canadian Government billed the
Soviet Union $6,041,174.70 for actual expenses and additional
compensation for future unpredicted expenses; the U.S.S.R.
eventually paid the sum of three million Canadian dollars.

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SKYLAB

 Launched in 1973
 Skylab crashed in Western Australia the following year, and while
there were no deaths, injuries, or significant damage, the shire of
Esperance, Western Australia did fine the
Government of the United States $400 for littering as a result of
Skylab crashing to earth over Australia.

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USA 193

 USA 193, also known as NRO launch 21 (NROL-21 or simply L-

21), was an American military spy satellite launched on
December 14, 2006.
 The satellite malfunctioned shortly after deployment, and was
intentionally destroyed 14 months later on February 21, 2008.

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REGISTRATION
CONVENTION

 Convention on Registration of Objects Launched into Outer Space

(the "Registration Convention", adopted by the General Assembly
in its resolution 3235 (XXIX)), opened for signature on 14 January
1975, entered into force on 15 September 1976, 51 ratifications, 4
signatures, and 2 acceptances of rights and obligations (as of 1
January 2008);
 mandatory system of registering objects launched into outer
space.

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REGISTRATION

 Each launching State shall maintain a registry for registration of all

space launches and inform the Secretary-General of the United
Nations of the establishment of such a registry.
 Mandatory reporting to the UN Secretary General

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MOON TREATY

 Agreement Governing the Activities of States on the Moon and Other Celesti
al Bodies
(the "Moon Agreement", adopted by the General Assembly in its
resolution 34/68), opened for signature on 18 December 1979, entered into
force on 11 July 1984, 13 ratifications and 4 signatures (as of 1 January 2008).
 Australia, Austria, Belgium, Chile, Kazakhstan, Lebanon, Mexico, Morocco,
Netherlands, Pakistan, Peru, Philippines, and Uruguay, have ratified it. France
, Guatemala, India and Romania have signed but have not ratified it.
 As it is non-ratified by any major space-faring powers and unsigned by most
of them, it is of no direct relevance to current space activities.
 India signed not ratified.

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MOON TREATY

 The treaty makes a declaration that the Moon

(which the treaty notes includes all celestial bodies
for the purposes of language) should be used for the
benefit of all states and all peoples of the
international community.
 It also expresses a desire to prevent the Moon from
becoming a source of international conflict. To those
ends the treaty:
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MOON TREATY

 Bans any military use of celestial bodies, including weapon testing or as

military bases.
 Bans all exploration and uses of celestial bodies without the approval or
benefit of other states.
 Requires that the Secretary-General must be notified of all celestial
activities.
 Declares all states have an equal right to conduct research on celestial
bodies.
 Declares that for any samples obtained during research activities, the state
that obtained them must consider making part of it available to all
countries/scientific communities for research.

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MOON TREATY

 Bans altering the environment of celestial bodies and requires that

states must take measures to prevent accidental contamination.
 Bans any state from claiming sovereignty over any territory of
celestial bodies.
 Requires all resource extraction and allocation be made by an
international regime for exploitation of natural resources.
 A.11 – the moon and its natural resources are the common heritage
of mankind.

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DTB

 Direct Television Broadcasting

 The UN drafted some principles according to GA Res. 2916 of
1972.
 India put up a working draft – 1981
 Application of international law to DTB
 Copyright and neighbouring rights.

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REMOTE SENSING

 Argentina put up first proposal in 1970

 1975 – COPUOS formed principles – serious differences
 Principles adopted in 1986
 Declaration of Principles Regarding the Remote Sensing of Earth from
Space, 1986.
 Remote Sensing: the sensing of the Earth's surface from space by making
use of the properties of electromagnetic waves emitted, reflected or
diffracted by the sensed objects, for the purpose of improving natural
resources management, land use and the protection of the environment.

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REMOTE SENSING

 The term "primary data" means the raw data that are
acquired by remote sensors borne by a space object and that
are transmitted or delivered to the ground.
 The term "processed data" means the products resulting from
the processing of the primary data.
 Principle II - Remote sensing activities shall be carried out for
the benefit and in the interests of all countries, irrespective of
their degree of economic, social or scientific and
technological development.

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REMOTE SENSING

 P.III - Remote sensing activities shall be conducted in accordance

with international law,
 including the Charter of the United Nations, the Treaty on Principles
Governing the Activities of States in the Exploration and Use of
Outer Space, including the Moon and Other Celestial Bodies etc.
 P.IV - These activities shall be conducted on the basis of respect for
the principle of full and permanent sovereignty of all States and
peoples over their own wealth and natural resources, with due
regard to the rights and interests, in accordance with international
law, of other States and entities under their jurisdiction.

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REMOTE SENSING

 P.V – International Co-operation

 P.VII - States participating in remote sensing activities shall make
available technical assistance to other interested States on mutually
agreed terms.
 P.XI - Remote sensing shall promote the protection of mankind from
natural disasters.
 P. XII - As soon as the primary data and the processed data
concerning the territory under its jurisdiction are produced, the
sensed State shall have access to them on a non-discriminatory basis
and on reasonable cost terms.

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SHARING OF ORBIT

 Geostationary orbit - 22,400 miles (36,000 KM) above equator.

 Space debris issue?

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THANK YOU

RGSOIPL, IIT Kharagpur

KDR/IIT KGP/RGSOIPL/-2008