Origin & Development of Space Law

INTRODUCTION
• History of space law had its roots from various academics points of view.
As the need for a new law was first mentioned in a journal in 1910, but
space law was an idea without shape or substance for more than two
decades after it was first mentioned.
• In 1932 the first comprehensive monograph appeared by presenting the
important and fundamental concepts of the space law. Brief commentaries
appeared in the 1930s and 1940s.
• The first doctoral dissertation dealing with the space law appeared in
1953.
• By 1954 many international exchanges had taken place among various
jurists and commentators concerned about the need for clarification and
definition of law anticipating human activity in outer space.
 First Space Activities
• Since when Russia launched its first man-made satellite Sputnik 1 on
October 4th, 1957 a new world was opened to man. The quest for
knowledge in man to know what is beyond the earth is a driving
force for such explorations.
• After the American astronaut Neil Armstrong became the first
person to walk on the moon, questions regarding whether a man
can walk on the moon and build houses as he is on earth were
further answered.
• Over time, the amount of the amount of knowledge obtained and
collated on the outer space has been vast and has demonstrated
our capacity to embark on the discovery of the outer space
environment.
• Based on the discovery, it must be added that the pace of space
exploration has developed at an ever increasing rate.
Slide Title

FIRST ANIMAL IN SPACE FIRST MAN IN SPACE

LAIKA in SPUTNIK 2, 1957 YURI GAGARIN, 1961
FIRST MAN ON MOON, NEIL ARMSTRONG, 1969
First Indian in Space 1984
COLD WAR ACTIVITIES
USA-USSR COMPETITION
• During this period Space Programs pursued political
objectives an mirrored and implemented political priorities.

• From 1957-1980 the space arena was dominated by USA &

USSR until China, India and European powers entered the
arena.

• Space technologies were mostly developed to fulfill military

goals.

• Space also became a tool for foreign policy.

• In Soviet Union the development of ballistic missiles
capable of delivering nuclear weapons which as meant to
reduce the gap with the United States was used for space
programs.

• After launch of Sputnik 1 by Russia there was an urgency in

USA and USA responded immediately by planning manned
mission to the moon.

• The rocket used to launch Sputnik 1 could also be used to

carry nuclear weapons to USA and this was the reason of
development of rokcetry in USA
Four stages of development of Space
Law
• Stage 1 (Late 1950s-Mid 1960s)
• Stage 2 (Late 1960s-Early 1980s)
• Stage 3 (Mid 1980s-Mid 1990s)
• Stage 4 (Mid 1990s-Present Times)
 Stage 1 (Late 1950s-Mid 1960s)

• Also called prepatory stage.Foundations of the legal framework managing

outer space activities were laid down.

• The initial approach of the states were to establish a corpus of general non-
binding principles and then to incorporate them into a binding treaty.

• In 1958 an ad hoc committee was installed by UNGA to deal with space

activities. In 1959 this body was named as UNCOPUOS (United Nations’
Committee on Peaceful uses of Outer Space)

• Pursuant to this approach the UNGA adopted 2 resolutions in 1961 & 1963
which established some fundamental principles related to human principle in
space.
Stage 2 (Late 1960s-Early 1980s)

• Also called the “law making era”

• Five UN Treaties were negotiated around this time.
• 1967 Outer Space Treaty dealt with fundamental space
principles.
• 1968 Rescue Agreement dealt with the status of astronauts.
• The 1972 Liability Convention covered the liability for
damage caused by space objects.
• The 1975 Registration Convention addressed the issue of
registration of “space objects”
• The 1979 Moon Treaty focused on legal issues concerning
Moon and other celestial bodies.
 Stage 3 (Mid 1980s-Mid 1990s)

• This stage is also called “soft law” stage.

• The term is used because a lot of documents, declarations, guidelines

and code of conducts were laid down which were non-binding.

• 4 non binding resolutions were adopted by the UNGA, viz. 1982

Direct Television Broadcast Principles, 1986 Remote Sensing
Principles, 1992 Nuclear Power Sources Principles & 1996 Space
Benefits Declarations.

• By the beginning of 1980 the international co-operation was minimal

and UN could only enforce non binding instruments unlike Stage 2.
 Stage 4 (Mid 1990s-Present Times)
• It is characterized by the assessment of existing legal regime and
formulation of documents based on the 5 space treaties.

• The UNCOPUOS Legal Sub-Committee is undertaking efforts to

broaden the acceptance of the U.N. space treaties and to evaluate
their implementations.

• 2 new resolutions were drafted namely the identification of

“launching state” and “registration of space objects.” These
resolutions have been adopted by UNGA.

• India joined the bandwagon of space activities by launching

Chandrayan and Mangalyan.
MANGALYAAN, LAUNCHED IN 2013
CHANDRAYAAN 1 , 2008
CHANDRAYAAN 2, (2019 April)