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SAP ID

UNIVERSITY OF PETROLEUM AND ENERGY STUDIES

Mid Semester Examination, October 2020
Open Book – Through Blackboard Learning Management System

Course: Aviation, Air & Space Law (CLCC4010) Semester: 7

Programme: BALLB Energy

Time: 02 hrs. Max. Marks: 50

Instructions:
As this examination is in open-book format, the students are expected to demonstrate a very high degree of
Academic Integrity and not copy contents from resources referred. Instructors would look for
understanding of the concept by the students and any similarity found from resources online/ offline shall
be penalized in terms of deduction of marks and even cancellation of paper in requisite cases. The online
examination committee of the School would also look for similarity of two answer scripts and if answer
scripts of two or more students are found similar, both the answer scripts shall be treated as copied and
lead to cancellation of the paper. In view of the aforesaid points, the students are warned that they should
desist from using any unfair means.

All Questions are Compulsory

Answer each question in not more than 500 words

S. No. Marks CO
st
1 Republic of Stator is a country, which has made much progress in space in the 21 15 3
Century. The SSRO (Stator Space Research Organisation) has researched a lot in the
field of space. In April 2019 Stator launched ASAT missiles in space which was
announced by the Prime Minister of Stator.

2 weeks later, it was reported that the ASAT missiles has caused huge space debris
and the space debris has wrecked the parts of Cino Space Station. Cino is a
neighboring country of Stator. Cino alleged that Stator has misused Space Law
provisions, as there is no such permission to launch ASAT missiles in the space.
Moreover, the space debris causing damage to Cino Space Station has made India
liable absolutely.

Bengalistan another neighbouring country of Cino accused Cino of causing damage

to Bengalistan property as parts of Space Station Debris fell in Bengalistan. There
was a complete failure of diplomatic discussions as Stator and Cino couldn’t reach a
 conclusion among themselves. Bengalistan moved ICJ against Cino and claimed
damages under Liability Convention. Cino on the other hand blamed Stator for the
damages and submitted to ICJ that Stator is liable to both Cino & Bengalistan.
Now decide the dispute on two grounds.

A. Nature of Liablitlty.
B. Who is liable to pay to Bengalistan.
C. Whether no expression bar on ASAT satellite launch means a permission to
launch the same.
Apply the provisions of International Law, Space Law and Rational arguments to
decide the issues. All 3 nations are parties to the all Space Conventions. (200-250
words approx.).
Ans.

2 Prussia & Domand are both parties to all the major space conventions. Prussia is an 4
advanced space nation and has made significant contribution in the field of space.
Domand is a developing country trying to make inroads in space field in the recent
years.

The Prussian government launched 2 spacecrafts, one manned and the other
unmanned in April 2019. After a week’s operation, the manned spacecraft faced a
technical glitch and crashed in the territorial waters of Domand. The Unmanned
spacecraft, which was dependent on the manned spacecraft, also crashed in the
terrestrial area of Domand. 15

Domand government immediately informed UN Secretary General of the crash of

the unmanned spacecraft but refused to clean the debris of the spacecraft alleging
that the spacecraft contained Nuclear elements. The astronaut in the manned
spacecraft somehow made it to the shores of Domand and was arrested by Domand
government.

The Domand President made a statement that since the unmanned spacecraft
contained Nuclear elements, the manned spacecraft is also under scrutiny and hence
for security of the nation, the astronaut has to be interrogated and cannot be given a
 safe passage. Prussia moved to ICJ where Domand also submitted its cause. Now
decide the case as per the provisions of International Law & Space Law. (200-250
words approx.)

Ans.
3 Hogwarts is a nation on west Atlantic coast and is one of the flag bearers of Space 3
Exploration. Since 1970 it has sent manned mission to moon & mars and in 2000 it
sent a manned mission to Neptune to study about it. It landed in Neptune in 2018 &
the astronauts started making a space station for housing its 6 astronauts.

The Registration Convention was followed and Hogwarts registered by giving

information that the object of the mission was to “study the soil of Neptune”
Hogwarts made an elated announcement to the international community about the
progress of humankind and how it will shape the future. Meanwhile in between
2018-2020 there was not much news heard about the developments in Neptune.

In 2020 a spacecraft of another country called Angaraland planned to send a manned

20
mission to Neptune. Hogwarts objected to this development and claimed that
Angaraland can send mission, however it should stay away from the area of the
Hogwarts space station as Hogwarts controls the area. This news fumed the entire
international community. Further developments happened when a NASA
observatory noticed that the surface of Neptune where Hogwarts space station was
located showed significant change in the colour and nature of the soil. It seemed that
there was a mining activity going on.

Hogwarts claimed that no space convention restricts mining. Angaraland on the other
hand claimed that such mining is illegal and hiding such facts are inconsistent with
international space law. Moreover UNCOPUOS made a statement that the objective
of establishing space station can only be research and any malafide intention defeats
that right, though UNCOPUOS didn’t clarify if Hogwarts indeed was doing anything
 illegal. Angaraland moved to ICJ against Hogwarts and claimed that Hogwarts
should be held liable for breaching space law as it had lied in the registration process
as well since “mining” is not similar to “studying the soil”. Moreover, Angaraland
accused Hogwarts of violating the provisions of Moon Treaty as well. Decide the
issue. (200-250 words approx.)

Ans.

I, ……………………………………………., understand that submitting work that isn’t

my own may result in failure in this paper and I may also be subject to Disciplinary
Proceedings as per the Academic Integrity policy of the University.