Roll No.

R450217075
SAP ID 500060941

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
1 Republic of Stator is a country, which has made much progress in space in the 21 st
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. A. First of All, taking into consideration that all three nations are parties to the
all space conventions, the application is based on Liability convention, 1971.

 Article IV of Liability conventions specifies that If a spacecraft of launching

state collides with spacecraft of other launching state and the resulting impact
leads to damage to a third state, in that matter Both the Launching states are
Absolutely liable.
 Article III of Liability convention mentions that If space object of one
launching state damages the space object of Another launching state with
personal or property onboard. Hereby, making the former state liable to the
latter for the damage. The Former state is at Fault liability.
 According to Article IV, both the states Stator and Cino are absolutely liable
to bangalistan as both the states led to the event which caused loss to
Bangalistan.
 According to Article III, Stator would be at fault liability to Cino for
rupturing its spacecraft.

B. Clause (2) of the same Article provides that the compensation to the third
state has to be made by both launching states in apportion to their Fault.

As Per Article IV of liability convention, as both the states have caused damage to
bangalistan, i.e. Stator and Cino, therefore both the states are absolutely liable, as the
damage in hand is known that Stator had major wrongdoing therefore it would be
contributing majority of compensation while cino will also have to contribute to the
compensation to be given to bangalistan.

C. As per Article IV of Outer space treaty, it prohibits those spacecrafts which

carry nuclear weapons or weapons of mass destruction to be placed in the
orbit.

 It does not specifically mentions ASAT as a spacecraft banned to be placed in

orbit or to be sent to outer space, But does Mentions about spacecraft’s
 carrying weapons of mass destruction.
 Hereby, ASAT carrying Missiles into Outer space is in violation of Article IV
of Outer space treaty and hence, it was not permitted to Stator to send such
space object into Outer Space.
2 Prussia & Domand are both parties to all the major space conventions. Prussia is an
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.

Domand government immediately informed UN Secretary General of the crash of

15 4
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. According to article 2 of the liability convention Prussia is in strict or absolute

liability because according to this article A launching state shall be absolutely liable
to pay damage caused by its space object on the surface. The launching state has no
defense available in this case and full damage has to be paid. Prussia has no defence
regarding this matter and has to pay the full compensation to Domand Country.
 Domand country is in the safe place while detaining the astronauts of Prussia country
as the space ship contains hazardous substance of radioactive nature which is against
the security of Domand state. Article5(4) of rescue agreement says that a contracting
party which has reason to believe that a space object or its component parts
discovered in territory under its jurisdiction or recovered by it elsewhere, is of a
hazardous nature shall inform the launching authority to take immediate step to
eliminate possible danger.

3 Hogwarts is a nation on west Atlantic coast and is one of the flag bearers of Space 20 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

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. In the Article 2 or 4 in registration convention a space object is launched into Earth
orbit or beyond, the launching State shall register the space object by means of an
entry in an appropriate registry which it shall maintain. Each launching State shall
inform the Secretary-General of the United Nations of the establishment of such a
registry.
Where there are two or more launching States in respect of any such space object,
bearing in mind the provisions of article VIII of the Treaty on Principles Governing
the Activities of States in the Exploration and Use of Outer Space, including the
Moon and Other Celestial Bodies, and without prejudice to appropriate agreements
concluded or to be concluded among the launching States on jurisdiction and control
over the space object and over any personnel thereof. The contents of each registry
and the conditions under which it is maintained shall be determined by the State of
registry concerned.

In the Article 11 of moon agreement it tends to be concluded that the right to space
mining however here in this inquiry the intention is against the an Article 11 and the
reason for their was to investigate and furthermore Violate Registration Convention.

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 Univtersity.