SPACE LAWS

INTRODUCTION

It has been aptly pointed out :1”We live on the shores of this tiny world, the third panel of
nine, circling an average star, the sun. This star is just among billions in a great city of stars,
the milky way, itself just one among a billion other stellar cities stretching on perhaps
forever. This Universe is more vast than all imagining, and filled with wonders more than we
can dream, is a heritage for all mankind.”

So far as the question of air space is concerned it has been made clear earlier that the state
concerned exercised complete control over it. The other states can get some rights over it
only through some agreements or treaties. There is no customary rule of international law in
regard to giving innocent passage through the territorial air space. As aptly pointed out be
Edward Collins, 2“States have complete legal control over the airspace over their territory,
other states have only rights in it as are acquired of treaty. There is no customary right of
innocent passage through territorial airspace.....”

The first U.N Conference on Outer Space ( i.e. UNISPACE-1) was held in August, 1968 and
was attended by 78 states.

The Committee on the Peaceful Uses of Outer Space is concerned with questions such as
remote sensing, nuclear power sources, geostationary orbit, definition and delimitation of
outer space, arms race in outer space. These matters were discussed in its sub-committees-

1. The Scientific and Technical Committee from 13th to 24th February, 1894 in Newyork
and
2. The legal Sub-committee from 19th March to 6th April in Geneva.

Legal Status of Outer Space

1. The Outer Space Treaty

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The Outer Space Treaty of 1967 defined nation’s rights to the Moon and other celestial
bodies, before anyone travelled beyond Low Earth Orbit (LEO). It was adopted by the

1
UN chronicle, vol XXIX, No 4(December , 1992 ), p49
2
Edward Collins, International Law in Changing World,p.173
3
Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including
the Moon and Other Celestial Bodies, Jan. 27, 1967, 18 U.S.T. 2410, 610 U.N.T.S. 205
General Assembly in its 2222th resolution during its XXI session on 27th January 1967, and
was entered into force on 10th October 1967. The Moon Treaty as it was thereon referred as,
was the first treaty that was ratified in the ambit of Space Law.

The basic objective of the Moon Treaty was to provide a basic guideline for exploration, the
wording of the treaty is such, and the exploration and use of outer space shall be carried out
in interest and benefit of all countries and shall be the province of all mankind. The focus
therefore was on peaceful agreement and cooperation between the countries in order for
peaceful exploration.

This treaty is a landmark event in this connection. Some of the important provisions of the
outer space treaty of 1967 are as follows-

 4
Outer Space, including the moon and other celestial bodies, shall be free fo
exploration and use by all states without discrimination of any kind on a basis of
equality and in accordance with international law, there shall be free access to all
areas of celestial bodies. There shall be freedom of scientific investigation in outer
space.
 5
Outer Space, including by the moon and other celestial bodies, is not subject to
national appropriation by claim of sovereignty, by means of use or occupation, or by
any other means.
 6
State Parties to the treaty shall bear international responsibility for national activities
in outer space.

Several of the provisions, particularly Nos 5 to 8 impose limitation on the national

2. The agreement on the rescue of Astronauts, the return of Astronauts and the
return of Objects launched into outer space, 1967

4
Article 1 of Outer Space Treaty of 1966
5
Article 2 of Outer Space Treaty of 1966
6
Article VI
Yet another landmark in the development of space law is the agreement on the Resue of
Astronauts.The Return of Astronauts and the Return of Objects Launched into outer space
which was commended upon by the General Assembly on December 10, 1967. The
agreement entered into force in December, 1968. As of May 2013, 92 countries have ratified
the Agreement and 24 others have signed. The Agreement provides that each contracting
parties which receives in formation of discovers that the personnel of a space craft have
suffered accident or are experiencing conditions of distress or have made an emergency, or
unintended landing in territory under its jurisdiction or on the high seas or in any other place
not under the jurisdiction of any state shall immediately,

(a) Notify the launching authority or, if it cannot identify and immediately communicate
with the launching authority, immediately make a public announcement by all
appropriate means of communication at its disposal;
(b) 7Notify the Secretary- General of the United Nations, who should disseminate the
information would delay by all appropriate means of communication at his disposal.

3. The convention on international liability for damage caused by Space Objects,

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The third great landmark in the development of international space law is the Convention on
International Liability for Damage caused by Space Objects, which was agreed on and
commended by the General Assembly on November 29, 1971.The convention entered into
force in September , 1972.9The convention provides that a launching State shall be absolutely
liable to pay compensation for damage caused by the space object on the surface of the earth
or to aircraft or to aircraft in flight.10In the event of damage being caused elsewhere than on
the surface of the earth to a space object of one launching State or to persons or property on
board such a space object of another launching state, the latter shall be liable only if the
damage is due to its fault or the fault of persons for whom it is responsible.

4. The Convention on Registration of Objects Launched into Outer Space, 1974

7
Article 1 of the agreement
8
See General Assembly Resolution 2777(XXVI)
9
Article II of the convention
10
Article V
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The fourth landmark is Convention on Registration of objects Launched into Outer Space
which was adopted by U>N General Assembly on 12 November, 1974 as an annex to
Resolution 3235 (XXIX).Article 2 of the convention provides that when 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 U>N> of the establishment of such a registry.
Under Article IV each or registry is under an obligation to furnish certain information
concerning each space object carried on its registry to the Secretary-General of the U.N.

5. The agreement Governing the Activities of States on the MOON and other
Celestial Bodies, 1979.

This is the fifth landmark which was adopted by the General Assembly on 5th December,
1979 as an annex of Resolution 34/68.The Agreement entered into force on 11th July,
1994.The agreement elaborates upon the provisions of the Outer Space Treaty also it asserts
on the fact that the Moon and its natural resources are the common heritage of the mankind
and that an international procedure should be established to curb its exploitation.

6. Vienna Convention on the Exploration and Peaceful Uses of Outer Space

The UNISPACE-82 was held at Vienna from August 9 to August 22, 1982, with 94 states
participants and 45 observers. The conference reviews the developments in the field of outer
space taking place since 1968. The conference appealed the states not to increase arm race
beyond earth. This appeal was specifically directed to states having nuclear capability. A
report adopted by consensus asked the states to follow outer space treaty, 1967which has
prohibited the use of weapons of mass destruction in outer space.

7. UNISPACE-III

The peaceful Uses of outer space in its 37th Session held from 6th to 16th June, 1994 proposed
the convening of the Third U. N conference on the Exploration and peaceful Uses of Outer
Space by the end of this century. The key objectives of the conference was to create a
blueprint for the peaceful uses of outer space in the 21st century. It considered the following
subjects:-

a. Future of exploration of planets

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I.J.I.L., Vol 14(1974).p.446-449
 b. Use of micro-wave system or micro satellites in the exploration of outer space
c. Security of future outer space programmes in respect of debris of outer space
d. Maintenanace and supervision of outer space based environment and
e. Use of Mobile Satellite Communication

CONCLUSION

To conclude there is a need for a global policy for the Space Age. This need has arisen,
especially in recent years, on account of the common destiny and common survival of
mankind. For carrying out the programs of a united policy there is a need for an international
organisation.