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A BRIEF OVERSIGHT OF ORGANISATIONS DEALING IN SPACE GOVERNANCE BY :- MS. SANTOSH .J. DADHICH
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A BRIEF OVERSIGHT OF ORGANISATIONS
DEALING IN SPACE GOVERNANCE
AUTHORED BY
:- MS. SANTOSH .J. DADHICH
Class-
L.L.M 1st YEAR
SEMESTER 2
Roll No. 11
PROGRESSIVE
EDUCATION SOCIETY’S MODERN LAW COLLEGE, PUNE
ABSTRACT
The author of this paper has made an
effort to discuss about the basic concepts like space law, outer space, global
governance, the origin and development of space law. It is an integral aspect
and branch of the public international law. This proposition has been accepted
and declared in the United Nations Charter and several other principles of
international law dealing with space and outer space.
The author has discussed about
Regional and National agencies, International and Intergovernmental agencies
and has precisely explained the domain and working of each agency.
The author has made an in depth
discussion about UNOPUOS, as it was the first intergovernmental agency laying
foundation for further development of other agencies and organisations dealing
with matters related to space and outer space. Many principles that form an
integral part of the international principles in space exploration, were
devised, interpreted in the conferences conducted on the inception of this
Committee.
The space law is drafted with the
basic aim of promoting peaceful activities related to space along with
conducting researches that benefit the mankind in totality.
Keywords- Space law, Space exploration, International organisations and
agencies, UNOPUS, international principles
I.INTRODUCTION
‘Space law’
is a term that includes various interpretations. It is a special branch of
general international law. In a narrow sense, it might be interpreted as a set
of legal rules which specifically deal with outer space as an area along with
the comprehensive set of activities which can be undertaken by humans with
respect to that area. According to this perspective, space law essentially
deals with both international customary law and national space related
legislation which are a result of treaties and resolutions as entered upon by
States and other subjects of the international law.
In a
broader sense, space law may be interpreted as encompassing ‘all legal rules
directly relevant for any one or more kinds of human activities involving outer
space.’ This is a comprehensive and a holistic approach of understanding the
concept of space law.
Space law
is a special sub-area within the wider area of public international law in
general. Under fundamental principles of international law as well as Article
38 (1) of the Statute of international Court of Justice, public international
law is predominantly created by States. The set of complex rules, mutual rights
and obligations forming public international law, is primarily either derived
from treaties that are established, signed and ratified by various States or
from customary law. Customary law is the behaviour of states and state
authorities as per the certain identifiable patterns in certain related events
or situations.
Other
sources of international law include the principle of Jus Cogens, general
principles of law, jurisprudential precedent and authoritative doctrines[1].
The outer
space, often referred to as space, consists of relatively empty regions of the
universe outside the atmosphere of celestial bodies. Outer space helps in
distinguishing it from airspace and terrestrial locations. As the altitude
increases, density of the atmosphere gradually decreases, thereby leaving no
clear demarcation boundary between the atmosphere of the Earth and space. The
term outer space was recorded for the first time by H.C. Wells in his novel
First Men in the Moon in 1901. The shorter term space is older and earlier was
referred to the region beyond Earth’s sky as mentioned in John Milton’s
Paradise Lost in 1667[2].
The outer space is the closest natural approximation of a perfect vacuum,
effectively having no friction, thereby allowing stars, planets and moon to
move freely along ideal gravitational trajectories.
Global
governance refers to the complex of institutions, relationships, mechanisms
between and among states, non state actors, citizens and organisations that
enable in articulating collective interests on the global plane, establishing
rights and obligations as well as mediation in differences[3].
II.MEANING OF SPACE GOVERNANCE AND SOURCES
Global
governance is a purposeful order emerging from institutions, norms, processes, formal
agreements and informal mechanisms regulating action for a common good. It
encompasses activities at international, transnational and regional levels
along with referring to activities in the public and private sectors that
transcend national boundaries. Methods of global governance include
harmonization of laws among subjects of international law, global policy issue
networks, international regimes, hybrid institutions that amalgamate functions
of sate agencies and private sector organisations[4].
The
regulatory framework for space activities is made up of treaties, international
space resolutions, principles of international law, rules of organisations and
national governments.
Under
Article III of the Outer Space Treaty (OST), the parties to the Treaty are
mandated to perform activities in the exploration and use of outer space
inclusive of Moon and other celestial bodies, in accordance with international
law along with the Charter of the United Nations.
At the
national level, the legal instruments that are adopted under their
constitutions are referred to for governing the space activities. Thus, the
integration and compatibility between international and national space rules is
an integral aspect of overall working and applicability of international rules
into the outer space. The municipal and international instruments are
legislated together in aspects of core principles and objects but each
instrument has its significant impact into the outer space law[5].
Some
important source of the space law include-
i.Space Treaties
The adoption of first international instrument
incorporating directives for regulation of space activities was the Declaration
of Legal Principles Governing the Activities of Space in Exploration and Use of
the Outer Space in 1963. The adoption was followed by five treaties that are
referred as ‘ heart of international space law.’ the five treaties are
inclusive in nature comprising
a)
Outer Space Treaty, 1967(OST)
b)
The Moon Agreement- governing activities of States on
the Moon and the other celestial bodies, 1979
c)
The Rescue Agreement, 1968
d)
The Liability Convention, 1972
e)
The Registration Convention, 1975
ii.Non Binding Rules
Though
these are voluntary in nature, they have a considerable impact upon the
development of outer space law. These may become a part of establishment of
customary rules of international law or a part of international negotiations
upon formation or implementation of treaties.
iii.National Laws
The
legislative and policy instruments of the states form an important source for
regulating outer space activities. According to Lyall and Larsen, a major part
of practical space law develops within various municipal legal systems of the
world, specifically those states that are active in space. By enacting national
laws, States fulfil their objectives and obligations that are assigned to them
based upon the treaties they become signatories to, thereby fulfilling the
responsibility of compliance and adoption of rules of international space law,
upon the State.
iv.Principles of the United Nations
The United
Nations declared and adopted several principles in relation to the outer space
in the 2022. It recognised the common interests of mankind as the exploration
would progress along with the use of outer space for peaceful purposes. Certain
principles adopted include
a)
Exploration and use of outer space shall be for
benefit and interests of all mankind.
b)
Outer space and celestial bodies can be explored by
all States, in accordance with international law, Charter of UN, international
peace and security along with international cooperation and understanding.
c)
Outer space and celestial bodies are not subject to
national appropriation, and many other principles[6].
III.INTERNATIONAL AND INTERGOVERNMENTAL ORGANISATIONS IN
SPACE GOVERNANCE
While few countries
have formal domestic laws dealing with outer space and space related
activities, majority of the countries have adopted existing international
treaties on outer space activities, mainly through international organisations
like the United Nations, International Telecommunication Union, and other such
organisations. By their nature, space activities cannot be subjected to
sovereignty of States, mandating the main legal regulations must have their
origin in an international consensus[7].
The initial
space explorations occurred in the cold war era for nearly two decades thereby
was intensely dominated rivalry between the United States and the Soviet Union.
The greater degree of international cooperation and emergence of private sector
actors are the dominant characteristics of the modern day space exploration.
The emergence and growth of space exploration laid foundation to the
establishment of many international, intergovernmental and regional space
agencies across the globe, thereby widening the scope of space law. It is
through these organisations that virtually every nation is now involved in some
way in the creation of international space law.
i.
United Nations Committee on the Peaceful Uses of Outer
Space (COPUOS)
It was
established by the UN General Assembly in 1958, immediately after the Soviet
Union launched Sputnik, i.e the first
artificial earth satellite. COPUOS was instrumental in drafting the five
treaties that establish the foundations for legislations into space law. It
provides a global platform for establishing and promoting international
cooperation in space exploration, development and advancements into the space
technologies, addressing the problem of near- Earth asteroids and other
potential threats from outer space.
ii.
United Nations Office for Outer Space Affairs (UNOOSA)
UNOOSA is
the secretariat for the UN Committee on Peaceful Uses of Outer Space. It
composition includes civil servants who are responsible for conducting the
day-to-day operations along with maintaining the record of the Committee. It
deals with international cooperation in peaceful uses of outer space,
monitoring and discussing developments relating to exploration and use of outer
space as well as the technical advancements in space exploration, geopolitical
changes and the evolving use of space science along with technology for
sustainable development[8].
iii.
International Telecommunications Union (ITU)
It is the
specialised agency of UN facilitating international cooperation in the development
and operation of telecommunications networks. The ITU’s Space Service
Department allocates the geostationary orbits that are used by
telecommunication satellites and radio frequencies that are utilised for
satellite broadcasting. ITU though operates under the UN, it is a separate
legal entity having its own membership and funding.
Ø
Non- Governmental Organisations-
i.
Centre for Research in Air and Space Law
It is the
principle research and educational outreach wing of the Institute for Air and
Space Law at McGill University, Canada. It conducts interdisciplinary research
on air and space law and policy, sponsors conferences, workshops, seminars and
webinars.
ii.
European Centre for Space Law
It was
established in 1989 by the European Space Agency, provides a platform for
interdisciplinary dialogue and exchange of ideas in aspect of space law among
legal practitioners, civil servants, scholars and students.
iii.
London Institute of Space Policy and Law
It is a
non-profit think tank conducting independent research upon topics and aspects
related to space law and policy as well as research commissioned by governments
and private entities.
iv.
Secure World Foundation
It is a
private foundation established in 2002, facilitating cooperation at both
international and national levels in development of sustainable space policies
and laws that govern the exploration and use of outer space[9].
Ø
National and Regional Space Agencies[10]-
i.
Brazilian Space Agency (AEB)
It is
situated in Portugal. The most advance space program of Latin America is of
Brazil and is inclusive of a rocket launch facility and a spaceport.
ii.
China National Space Administration (CNSA)
CNSA is the
space agency of China headquartered in Beijing. China initiated its own human
space program in 1992 and CNSA was formed in 1993. It has emerged as a strong
contributor in space exploration in both lunar landing an human spaceflight
capacity.
iii.
European Space Agency (ESA)
It was
established in 1975 with the aim of facilitating cooperation among European
states in space research and exploration.22 member states of the European Union
are its member states. Its main activities include exploration to other
planets, human spaceflight, earth observation and others.
iv.
Indian Space Research Organisation (ISRO)
The space
research activities were initiated in India during the early decade of 1960.
ISRO was established in 1969. The Indian space program has three distinct
elements including satellites for communication and remote sensing, space
transportation system and application programmes[11].
v.
National Aeronautics and Space Administration (NASA)
It was
established in 1958 as an independent agency of the U.S. federal government. It
carries out aeronautical and space research along with making significant
developments into the U.S. civilian program. Since inception, it has pushed
boundaries of scientific and technical limits for exploring the unknown for all
citizens of the planet. [12]
vi.
Russian Federal Space Agency (Roscosmos)
It stands
as the successor of the space program of the former Soviet Union, founded in
1992, headquartered at Moscow. It is responsible for space science program of
Russia and aero-space research[13].
IV.ORIGIN, COMPOSITION AND CONTRIBUTIONS OF COPUOS
The
immediate period after the launch of Russian satellite, a number of NGOs
realised the need of specifically designed legal norms for space. The UN also
considered the necessity of the legal framework, thereby established COPUOUS.
The United
Nations Committee on Peaceful Uses of Outer Space (COPUOS) was constituted on
December 13, 1958 as an adhoc intergovernmental committee by the UN General
Assembly, immediately after the first artificial satellite named Sputnik was
launched in 1957. In the 1961 meeting, the General Assembly unanimously adopted
the first proposal from the committee, ‘International Cooperation in the
Peaceful Uses of Outer Space.’ It was the first formal expression by an
intergovernmental organisation, declaring the application of international law
including the UN Charter, upon the outer space[14].
It emphasized upon the peaceful exploration of the space, thereby encouraging
the expansion of research into outer space and exploring related legal problems
independently[15].
India was
among the 18 founding members of the Committee.
The United
Nations considered providing a focal point for international cooperation for
peaceful exploration and use of outer space, requested the Committee to
cooperate and utilise the resources and functions of the Secretariat for
maintaining close relations with governmental and non -governmental
organisations that deal with or are related to outer space matters, for
exchange of information in the concerned aspects.
The current
membership of COPUOS is 95 members, making it one of the largest committee of
the UN.
Ø
Composition of the Committee-
The
Committee has a plenary committee which meets annually in Vienna. It has two
subcommittees, namely- The Scientific and Technical Subcommittee (STSC) and The
Legal Committee.
The
Committee and its subcommittees meet once a year for consideration of the
questions presented by the UN General Assembly, reports submitted by them and
to resolve the issues raised by the Member States.
The
Committee and its subcommittees work upon consensus amongst them,
recommendations to the General Assembly and publishing annual reports upon
their activities.
Ø
Office of Outer Space Affairs-
The
secretariat of COPUOS is provided by United Nations Office for Outer Space
Affairs (UNOOSA), is a part of the UN Secretariat General.
It
comprises of two divisions- Space Applications Sections, i.e a division in
charge of application of space technology in the practical sense.
Committee
Services and Research Section, i.e it is responsible for international
cooperation and the activities performed by the Committee.
Ø
India and UNCOPUOS-
India is a
founding member of UNCOPUOS, having significant contributions in its work.
Dr.Vikram K
Sarabhai, father of Indian space programme, was the Vice-President and
Scientific Chairman of the first United Nations Conference on the Exploration
and Peaceful Uses of Outer Space (UNISPACE-1) in 1968. Many Indian scientists
have leaded other conferences in outer space.
In 2021,
India was unanimously elected as the Chair for new Working Group on the
Long-term Sustainability of Outer Space.
There is
evident proactive participation of the Indian delegation in forms of technical
presentations, highlighting the progress of Indian space activities, proposing
ideas and topics for discussion and policy formulations, considering interests
of India and other developing countries. India also makes continuous efforts
upon capacity building through UN Centre for Space Science and Technology
Education in Asia and Pacific along with Indian Institute of Remote Sensing[16].
V.CONCLUSION
International
laws regarding outer space and space related activities are recognised
throughout the world by majority of the nations through international
organisations like UN and its General Assembly, COPUOUS and others.
Space laws
deal with broad principles that attain wide acceptance and recognition, further
form the framework upon which international interpretations and clarifications
evolve, sufficing the need and requirement of the matter under consideration.
Thus, space
law is the next legal frontier on both the international and national level.
The laws pertaining to outer space and space activities must keep up with the rapidly
expanding technology in this broad area.
VI.SUGGESTIONS
Ø
A strong need is being felt for legislating
regulations for governing the space environment with a view of preventing
further harmful pollution by debris and radioactive substances.
Ø
The developed nations shall encourage and aid the
developing nations by providing them technology and any other essential
requirement so as to support them in carrying space explorations, the effective
sharing of the collected data with a view of providing assistance in any
national aspects.
Ø
Legislating modern international principles and
regulations to promote space sustainability along with exploration and
preservation of space and practise its effective implementation.
[1] Frans Von der Dunk, International Organisations as Creators of
Space Law: A Few Genera Remarks, Space, Cyber and Telecommunications Law
Program Faculty Publications, University of Nebraska- Lincoln (1999)
[2] Outer
Space- New World Encyclopedia,
available at https://www.newworldencyclopedia.org/entry/Outer_space#cite_note-entymonline-1 , last visited on 17/01/24
[3]K. Benedict,
Global governance, available at
https://www.sciencedirect.com/topics/social-sciences/global-governance ,last visited on 17/01/24
[5] Deepa
Kansara, Space Law< Public
International Law, available at https://www.researchgate.net/publication/361988424_Space_Law_Public_International_Law , last visited on 17/01/24
[7] Joseph Bosco, International Law Regarding Outer space- An Overview, Journal of
Air Law and Commerce, Volume 55 Issue 3 (1990)
[8]
United Nations Office of Outer Space Affairs, available at https://www.unoosa.org/oosa/en/ourwork/index.html
, last visited on 18/01/24
[9] Georgetown Law Library, Space Law: The Law of Outer Space,
available at https://guides.II.georgetown.edu/c.php?g=1037047&p=7518562 , last visited on 18/01/24
[10] World Space Agencies Webpage,
available at https://www.unoosa.org/oosa/en/ourwork/space-agencies.html ,last visited on 18/0/24
[11]Genesis, ISRO Timeline, available
at https://www.isro.gov.in/genesis.html ,last visited on 18/01/24
[13] Space
Agencies in the World,
available at https://ebooks.inflibnet.ac.in/esp06/chapter/space-agencies-in-world/,
last visited on 18/01/24
[14] Jeffrey Prevost, Law of Outer Space- Summarised,
Cleveland State Law Review, Volume 19 Issue 3 (1970)
[15]
UNGA Res. 1802 (XVII) 1962; UNGA Res. 1963 (XVIII) 1963
[16] UNCUPUOS, available at https://eoi.gov.in/eoisearch/MyPrint.php?8872?001/0029#:~:text=The%20United%20Nations%20Committee%20on,18%20founding%20members%20including%20India., last visited on 18/01/24
Article Information
A BRIEF OVERSIGHT OF ORGANISATIONS DEALING IN SPACE GOVERNANCE BY :- MS. SANTOSH .J. DADHICH
Authors: MS. SANTOSH .J. DADHICH
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/04/04
- Issue 7
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International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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