GLOBAL SPACE GOVERNANCE

By GSS Neeharika, 22LLM019

Title and significance:

The title is the global space governance that arose on the research problem, which is “what should be the format
and substance of global space governance in order to achieve effectively the goal of sustainable use of space for
the peaceful purposes and for the benefit of all humankind?” The significance of the topic is that it focuses on how
there is requirement of the international regulatory mechanisms for enforcement of the international treaties in
space to ensure peaceful exploration of the space. There is misuse of treaty which has led to exploitation of the
space resources, despite the prohibition under the outer space treaty. The appropriation of the space resources
against the outer space treaty, here the UNCOPUOS identifies that the moon agreement has itself not prohibited the
appropriation in itself1. The moon agreement provisions are not really in consonance with the outer space treaty. It
also focuses on how the private commercial players are now major stakeholders in the space and how is that
adversely affecting the space, because there are state government players and the private commercial players who
are playing a major role in the space exploration and exploitation, for example the SpaceX by Elon musk, the
private players are not covered under the treaties and the treaties have not been updated with the time. There is
requirement for new treaties and new intergovernmental regulatory organizations to prevent the exploitation of the
space. There is also focus on the militarization of the space, satellite surveillance with the advancement of the new
military technology as well, which is the blatant violation of the outer space treaty. There is focus on the Artemis
accord that is in violation of some provisions of the outer space treaty. The loopholes in the existing international
outer space treaties such the outer space treaty , moon agreement , etc have to be identified for the furtherance of
the sustainable use of the space as there is feasibility for the private commercial players involvement that will
increase by ten folds in the near future. The term “common heritage of the mankind or the global common” is quite
vague and creates ambiguity in the minds of the people; this vagueness is taken advantage of by the private
commercial players. The liability is another issue as the governments in power are easily getting off without any
compensation being paid to the other smaller countries. For example, a Russian satellite has deviated from its
orbital path and collided with a small nation satellite that is stationed at one point, also there are ASAT’s taking
place in the space , for example , India has also done ASAT quite recently, which is adversely affecting the space
and shows the signs of the outer space becoming the war zone in the near future. The sanctions must be imposed
according to the outer space treaty which prohibits the militarization of space, using of the nuclear weapons in
space, ASAT technology is one such example., so that the space can be protected. The term “launch state” is quite
unclear as various underdeveloped nations are using the launch pads of the developed nations as such and there

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Irmgard morboe, “what , if any , relevance does the moon agreement have to activities in space today?”, THE NEW SPACE
AGE:BEYOND GLOBAL ORDER|FALL 2021 , Penn University (2021)
comes the issue of the launching state. The UNOOSA has less importance as compared to other major UN organs,
it must be equal to that of the ICAO that is the specialized agency under the UN which coordinates in the
international air navigation and is a regulatory body. The same powers as ICAO must be given to the UNOOSA,
which can act as the regulatory body for the outer space affairs, giving significance to its title, for space traffic
management and for the overcrowding of the space with the satellites and space objects of various state
governments and of the private players etc. The space traffic management is the preliminary issue , due to the
increase in the technology the satellites are increasing in number and defunct satellites which cannot be moved
from one place to another are being the main cause of the concern because the collusions are taking place due to
them. The space junk, that is the debris created due to the defunct satellites or the collusions caused in the space
due to the space objects or the extra terrestrial objects, the collusion of the satellites or the space vehicles, is
contaminating the space ecology2. The emergence of the term interplanetary species, with the long sustainable
future in space highlights the requirement for the protection of the space ecology. The self sustainability of the eco
systems for the long term space settlement is a major concern. The UNSpider and its importance under the
UNOOSA, which helps in the using of the space based information for the protection of the world from the disaster
and risk management., the technologies used in the space are advancing and perhaps it can be called as the vital
organ for the world peace which is contributing towards the reducing of the loss of the life and property. It is also
acting as the connection between the disaster management and space communities. The space technology is both
boon and a bane, the boon cause it helps in the infrastructure equipment such as the weather satellites , UNSpider,
in-space propulsion, remote sensing, satellite navigation systems, satellite televisions etc that help the nations and
the people , but the ASAT technology etc are all leading to creation of the space debris and contaminating the
space environment. Then there are some space debris removal strategies, which help clean the space environment
by pulling out the space debris or the space junk from the outer space, but they are pricey which cannot be afforded
by the underdeveloped nations. The importance of the international association for the advancement of space safety
is most important organ that has been setup with the view of the furthering international cooperation and scientific
advancement in the space systems safety, must be given its own importance.

Research Objectives:

The following are the research objectives-

1. To examine the changing global economic, political and social conditions and space infrastructure
dependence
2. To identify and assess all known space threats and risks.
3. To examine the space opportunities and the need for the sustainable and peaceful use of the outer space and
the exploration & exploitation of the space for the benefit of the all humankind.
 4. To identify safety, technical and operational gaps to be filled,
5. To recommend appropriate space governance arrangements, regulations, standards, appropriate institutional
mechanisms, innovations and practices that are relevant to current and emerging space activities.3

Type of study:

The researcher wants to adopt the method of doctrinal research method for analyzing the global space governance
with respect to the understanding of the legal framework and the institutional framework that is available with the
help of various literature resources such as the books on the space law, articles on the outer space and various other
online sources.

Literature Review:

1. Global space governance: an international study by Ram S. Jakhu and Joseph N Pelton4, The book focuses
on the interdisciplinary study of the civil government, private commercial players and the
intergovernmental organizations activities in the space. The book is based on the findings, conclusions and
recommendations of the Global Space Governance study that has been commissioned by the 2014 Montreal
declaration. The book helps in the examination of the drivers of the space regulations, standards, key
regulatory problems and the possible improvements that are required for the global space governance. The
book also identified the areas for the priority actions that were to be presented to the UN Committee on the
peaceful uses of the outer space (UNCOPUOS).The book covers a lot aspects but does not cover the aspects
of the space militarization, use of the nuclear weapons in the space and how it is in discordance with the
existing outer space treaty and the moon agreement. The book also doesn’t focus on the aspect of the
appropriation of the resources in the outer space and how the exploitation of the resources is carried out by
the private commercialization.
2. Handbook on Space law by Frans Von der dunk with Fabio Tronchetti5. This book focuses on the legal and
regulatory aspects of the activities in the outer space and major space applications. It addresses the
dichotomy between the state-orientated character of the international space law and the increasing
commercialization and the privatization of the space activities. The book focuses on the international space
law includes UN based space treaties and the international customary space law, specialised regimes
applicable to the international satellite organizations, international space stations, the international trade and
security sensitive aspects of the space technology exports, financing of the space ventures and
environmental concerns. Despite highlighting the various space technologies the book doesn’t throw light
on the adverse effects of the space technology. The book also doesn’t talk about the space debris removal

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Structure of global space governance study, INSTITUTE PROJECTS , Institute of air and space law
4
Ram S. Jakhu & Joseph pelton, GLOBAL SPACE GOVERNANCE (Springer 2017)
5
FRANS VON DER DUNK & FABIO TRONCHETTI, HANDBOOK ON SPACE LAW (Edward Elgar , 2015)
 which is a fairly new advancement. In spite of the two gaps, it is a totally exhaustive book covering all the
requirements for the completion of the study on the global space governance.
3. Routledge handbook of space law by Ram S. Jakhu & Paul Stephen6, with the space law changing and
expanding at the fast space especially at the fast pace especially at the national level. With more laws and
regulations are being adopted by the space-faring nations, while more countries are adapting the space laws
and regulations related activities in the outer space. The national laws in the perspective of the outer space
and the intergovernmental organizations involvement in the peaceful use of the outer space is discussed.
The more are the regulatory bodies being created the more is the regulatory diversity (from public law to
private law) is being instituted as the increasing and innovative activities are undertaken by private entities
which employ new technologies and business initiatives. At the international level, the space law is
expanding in certain areas, especially in the satellite broadcasting and telecommunications. It also
summarizes the existing state of knowledge on the comprehensive range of the topics aspires to set the
future international research agenda by indicating gaps and the inconsistencies in the existing law and
highlighting emerging legal issues. Unlike other books on the subject, it addresses major international and
national legal aspects of particular space activities and issues, rather than providing commentary on or
explanations about a particular space law treaty or national regulation. The book also includes the
regulations of developed space faring nations but not the smaller space faring nations.
4. China in space: Ambitions and Possible conflict by Namrata Goswami7. Major Powers like china are
viewing the space less concerned with “securing the high ground” for espionage and nuclear deterrence and
more for the access to the vast material and energy resources of the inner solar system. China aims to
establish a manned space station by 2020-22 and the space based solar power station by 2050 to meet its
burgeoning economic and energy needs, develop space science and technology, and explore the outer
space, land on the mars. The article examines the China’s vision and the end it foresees for its
contemporary space activities (grand vision) , which might lead to the and determine the imagined shape of
governance in space. It identifies the strains of the nationalism and internationalism and specifically
discusses Chinese policy attitudes and aspirations related to space based solar power, lunar and asteroid
mining, space settlement and planetary defence.
5. Space law, liability, and insurable risks by S.Neil hosenball8, shortly after the launch of the sputnikI in 1958
and within a month after the NASA coming existence, the debate on the peaceful uses of the outer space
started in the UNGA. Now after many years of the space activities it is interesting to compare and predict to
what has happened and what will happen in the outer space. The formulation of the legal norms governing
the carrying out of the space activities with special emphasis on the liability and insurable risks as in
application with commercialization application of the space.

6
RAM S. JAKHU & PAUL STEPHEN, Routledge HANDBOOK ON SPACE LAW ( Routledge 2016)
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Namrata Goswami, China in Space : Ambitions and Possible Conflict,12,SSQ,74,74-97(2018)
8
S.Neil,Space Law , liability , and insurable risks,12,The Forum(ABA), 141, 141-154(1976)
 6. Space arms control: A Hybrid Approach by Brian G. Chow9. Space arms control proposals such as the
prevention of the placement of the weapon in the outer space have failed to become treaties in spite of the
countless efforts over the past 50 years. These proposals will not work in the merging space proximity –
operations era. This article proposes a hybrid approach to the space arms control based on the restrictions
on the locations in space of some potential space weapons while banning the other types of the space
weapons outright. The core of any such treaty should prohibit the satellites, whether for anti-satellite
(ASAT) or peaceful purposes, from positioning too close to more than an innocuous threshold number of
another country’s satellites and authorize pre-emptive self-defence as a last resort counter measure. This
article also proposes a comprehensive list of space arms control measures, which can be added to the core
proposal to more effectively manage both traditional and emerging space weapons.

Research questions:

The following are the research questions:

1. How do we achieve a fair, equitable, and practical balance between space activities involving national
governmental activities on one hand and private commercial space ventures on the other? And, how is that balance
achieved and administered under an international regulatory authority and via enforcement mechanisms?
2. How do we go about clarifying the concept of a “Global Commons” when applied to outer space?
3. What principles and rules of international law can be logically and practically extended from Earthbound
activities to the realm of outer space?
4. Do we need separate regulatory processes, practices, and enforcement procedures with regard to military
operations, civil governmental activities, and private commercial space activities?
5. What about significant new technological trends and legal issues they give rise to in terms of regulating outer
space activities?
6. Do International Specialized Agencies of the United Nations as well as International Intergovernmental
Organizations around the world need enhanced authorities to cope with the new era of space commercialization
and expanded off-world industries and commerce?
7. Will military and strategic considerations involving the primary space powers become the determining factor in
developing international regulatory processes for outer space activities?10

9
Brian G.Chow, Space arms control: A Hybrid Approach, 12,SSQ, 107, 107-132(2018)
10
RAM S. JAKHU & JOSEPH N.PELTON , GLOBAL SPACE GOVERNANCE (Springer 2017)
Research Hypotheses:

1. Implications and risks related to the space activities cannot be governed at the national level.
2. The emerging and existing “customary law” regimes influencing the global space governance.
3. Alternative mechanisms or model national laws or standards aiding in the development of the
internationally acceptable form of global governance in outer space.
4. Exponential expansion of the space applications benefitting the daily lives of the people.
5. Global space safety and security issues creating negative implications on the peaceful use of the outer space
by all nations.
6. Militarization of space and use of the ASAT leading to increased possibilities of conflicts in space.
“NewSpace” activities such as the orbit robotics and active debris removal help in the cleaning of LEO and
for the mining and utilization of the space natural resources.11

Division of the chapters and title of chapters:

The work has been divided into 15 chapters, which are the following:

1. Introduction and overview of the existing mechanisms under the global space governance
2. Global space governance –national space policies and laws
3. Private commercial Space enterprises , state governments & the global space governance
4. Emerging space technologies – both boon and a bane.
5. Satellite telecommunications- broadcasting, remote sensing, earth observation and meteorological satellites
6. Space launch services vis`-a-vis` human space flight
7. Global space governance and space security
8. Space traffic management and space debris removal
9. Space mining and appropriation of the space natural resources
10. Space environmental issues- cosmic hazards and planetary defence
11. Space migration and space colonization- effect on space ecology
12. Extension of the benefits of the space to all humankind
13. International Intergovernmental organs and the requirement of the regulatory mechanisms.
14. Suggestions and recommendations
15. Conclusion

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RAM S. JAKHU & JOSEPH N.PELTON , GLOBAL SPACE GOVERNANCE (Springer 2017)