|

|
 Y
|
|

Air Space of a State is the responsibility of that State alone and other States can get control over
it only by means of some treaties. Socrates, one of the world¶s greatest Greek philosopher had
once remarked saying that ³Man must rise above the earth ± to the top of the atmosphere and
beyond-for only thus will he fully understand the world in which he lives´. There are various
views on about the definition and delimitation of air and outer space and it is but obvious that
there is a practical and legal necessity to define the legal boundaries between them both.

Space law is an area of the law that encompasses national and international law governing
activities in outer space. International lawyers worldwide have been unable to see eye to eye on a
uniform definition of the term "outer space´. Most lawyers agree that outer space generally
begins at the lowest altitude above sea level at which objects can orbit the Earth, approximately
100 km (62 mi).

Outer space, the Moon, and other celestial bodies are not subject to appropriation by claim of
sovereignty, use or occupation, or any other means. In 1976 eight equatorial countries claimed
sovereignty over the geostationary orbital arc above their territory. Most other countries,
including all major space powers, rejected the claim.

Outer space is free for use by all countries. This principle is related to the nonappropriation
principle and is analogous to the right of innocent passage on the high seas.

Outer space will be used for peaceful purposes only. Most Western nations, including the US,
equate peaceful purposes with nonaggressive ones. Consequently, all nonaggressive military use
of space is permitted, except for certain activities, noted elsewhere in this section, that are
specifically prohibited.

Objects launched into space must be registered with the UN.A country retains jurisdiction and
control over its registered space objects. This rule applies regardless of the condition of the
objects. A country is responsible for regulating, and is ultimately liable for, the outer space
activities of its citizens.
Ëor some time it was believed that the States exercised unlimited sovereignty over its outer
space. The inception of the field of space law began with the launch of the world's first artificial
satellite by the Soviet Union in October 1957 named Y
 . The satellite was launched as
part of the International Geophysical Year. Since that time, space law has evolved and assumed
more importance as humankind has increasingly come to use and rely on space-based resources.

 |
 |

Aeginning in 1957, nations began discussing systems to ensure the peaceful use of outer
space. Ailateral discussions between the United States and USSR in 1958 resulted in the
presentation of issues to the UN for debate. In 1959 the UN created the Committee on the
Peaceful Uses of Outer Space (COPUOS). The Committee on the Peaceful Uses of Outer Space
is the only international forum for the development of international space law. This committee is
concerned with questions such as remote sensing, nuclear power resources, geostationary orbits,
definition and delimitation of outer space and arms race in outer space. COPUOS in turn created
two subcommittees, the Scientific and Technical Subcommittee and the Legal Subcommittee.
The COPUOS Legal Subcommittee has been a primary forum for discussion and negotiation of
international agreements relating to outer space.

The first UN conference on Outer Space i.e. UNISPACE-1 was held in August, 1968 and was
attended by 78 states.

 |

Ëive international treaties have been negotiated and drafted in the COPUOS:

| Y|  - The Outer Space Treaty is the most widely-adopted treaty, with 98
parties. The Rescue Agreement, the Liability Convention and the Registration Convention all
elaborate on provisions of the Outer Space Treaty. Its inception was in 1967 and is a landmark in
this connection. Some important provisions of this Treaty are :

| Outer Space including the moon and other celestial bodies are free for
exploration and can be used by all States without discrimination of any kind.
There shall be freedom of scientific investigation to outer space.

| Outer Space including the moon and other celestial bodies is not subject to
national appropriation by claim of soveregnity, by means of use or occupation
or by any other means.

| The establishment of military bases, installations and fortifications, the testing
of any type weapons and military maneouvres on celestial bodies shall be
forbidden.

| Astronauts shall be regarded as envoys of mankind in outer space and every
State shall render them all help when necessary in times of distress. When
astronauts make a landing they will promptly be returned to their State of
registry.

| Each State that launches an object into outer space is internationally liable to
damage to another State or to its natural or juridical persons by such an object
or its component parts on earth.

'| | |
 | | | |
 |  | | | | !"|  |
 ||Y|#$|
%$- It was signed in 1968. It calls for rendering of all
possible assistance to astronauts in the event of distress , accident or emergency and prompt
return of astronauts and space objects to the launching State. The State recievinf information
shall take care of the astronaut. The expenses for such work shall be bourne by the launching
state.

&)| '('|   | |  | ! |  |

%|  | ! | Y| !"|
#$! |   $)| | This ensures that for space activities States are liable for damage
caused in space or Earth by space objects. Article 1 defines damages. Article II provides for
absolute liability on the earth for damage caused to flight or aircrafts. Article III refers to damage
caused by the State launching space object to the space object of another country. Article IV
provides for damage caused to a third State by two independently launching States, which would
be jointly liable.The Liability Convention establishes a just mode of compensation in the event
of damage being caused by establishing a Claims Commission to settle disputes of claims.

*| | '(+|   | | % | | !"|  |  | | Y| #|
$% |  $)|This is the fourth landmark. Each launching State has to inform
Secretary-General of UN and register the space object by means of an appropriate registry. On
January 1st,2006 45 states have ratified this convention.

+|'('|
%|, %||
| |Y| ||- | |||
. |#|$- | $)U.N. delegates apparently intended that the Moon Treaty serve as
a new comprehensive treaty which would supersede or supplement the Outer Space Treaty, most
notably by elaborating upon the Outer Space Treaty's provisions regarding resource
appropriation and prohibition of territorial sovereignty. The Moon Treaty has only 13 parties,
and many consider it to be a failed treaty due to its limited acceptance. India is the only nation
that has both signed the Moon Treaty and declared itself interested in going to the moon. India
has not ratified the treaty; an analysis of India's treaty law is required to understand how this
affects India legally.|

The international legal principles in these five treaties provide for non-appropriation of outer
space by any one country, arms control, the freedom of exploration, liability for damage caused
by space objects, the safety and rescue of spacecraft and astronauts, the prevention of harmful
interference with space activities and the environment, the notification and registration of space
activities, scientific investigation and the exploitation of natural resources in outer space and the
settlement of disputes. Each of the treaties lays great stress on the notion that the domain of outer
space, the activities carried out therein and whatever benefits might accrue there from should be
devoted to enhancing the well-being of all countries and humankind, and each includes elements
elaborating the common idea of promoting international cooperation in outer space activities.

The five sets of legal principles adopted by the United Nations General Assembly provide for the
application of international law and promotion of international cooperation and understanding in
space activities, the dissemination and exchange of information through transnational direct
television broadcasting via satellites and remote satellite observations of Earth and general
standards regulating the safe use of nuclear power sources necessary for the exploration and use
of outer space.
 | |

In addition, the 1963 Treaty Aanning Nuclear Weapon Tests in the Atmosphere, in Outer Space,
and Under Water i.e."Partial Test Aan Treaty" banned the testing of nuclear weapons in outer
space.

Nuclear weapons tests and other nuclear explosions in outer space are prohibited. In 1958, before
this prohibition, the US exploded three small nuclear devices in outer space over the course of
two weeks in Project Argus. Such an experiment would be prohibited today.

Nuclear weapons and other weapons of mass destruction (such as chemical and biological
weapons) may not be placed into orbit, installed on celestial bodies, or stationed in space in any
other manner.

A country may not test any kind of weapon; establish military bases, installations, or
fortifications; or conduct military maneuvers on celestial bodies. The use of military personnel
for scientific research or other peaceful purposes is permitted.

The development, testing, or deployment of space-based antiballistic missile (AAM) systems or

components is prohibited. This prohibition does not apply to research and development of space-
based AAMs preceding field testing. This provision of the AAM Treaty and, in fact, the entire
treaty (see table 1) have received much public attention in recent years because of progress in the
Strategic Defense Initiative. It is quite possible that signatories could renegotiate or even
eliminate the treaty before the end of the decade.

Interfering with national technical means of verification is prohibited, provided such systems are
operating in accordance with generally recognized principles of international law and are in fact
being used to verify provisions of specific treaties.

 

The COPUOS operates on the basis of consensusë All committee and subcommittee delegates
must agree on treaty language before it can be included in the final version of a treaty, and the
committees cannot place new items on their agendas unless all member nations agree. One
reason that the U.N. space treaties lack definitions and are unclear in other respects, is because it
is easier to achieve consensus when language and terms are vague. In recent years, the COPUOS
Legal Subcommittee has been unable to achieve consensus on discussion of a new
comprehensive space agreement, and it is also unlikely that the Subcommittee will be able to
agree to amend the Outer Space Treaty in the foreseeable future. Many space faring nations seem
to believe that discussing a new space agreement or amendment of the Outer Space Treaty would
be futile and time consuming, because entrenched differences regarding resource appropriation,
property rights and other issues relating to commercial activity make consensus unlikely.

 |/|

Space law also encompasses national laws and many countries have passed national space
legislation in recent years. The Outer Space Treaty requires parties to authorize and manage
national space activities of non-governmental entities such as commercial and non-profit
organizations. The Outer Space Treaty also incorporates the UN Charter by reference, and
requires parties to ensure that activities are conducted in accordance with other forms of
international law such as customary international law .

The advent of commercial space activities beyond the scope of the satellite communications
industry, and the development of many commercial spaceports, is leading many countries to
consider how to regulate private space activities. The challenge is to regulate these activities in a
manner that does not hinder or preclude investment, while still ensuring that commercial
activities comply with international law. The developing nations are concerned that the space
faring nations will monopolize space resources.

,   | !|

Satellites in geostationary orbit must all occupy a single ring above the equator, about 35,800 km
into space. The requirement to space these satellites apart means that there is a limited number of
orbital "slots" available, thus only a limited number of satellites can be placed in geostationary
orbit. This has led to conflict between different countries wishing access to the same orbital slots
(countries at the same longitude but differing latitudes).Countries located at the Earth's equator
have also asserted their legal claim to control the use of space above their territory. In 1976,
countries located at the Earth's equator created the Aogota Declaration, in which they asserted
their legal claim to control the use of space above their territory.
 Y|/|  ||

With space tourism and greater commercial exploitation of space on the horizon certain
questions today have no answer: If an American astronaut assaulted a Russian in the Japanese
section of the International Space Station, under whose criminal law would he be prosecuted?
Could anyone stop a company launching into outer space an advertisement that would be visible
to large parts of the world? What about our right to privacy from satellites that can focus to
within a few metres of the ground? And what nationality would a child born on the Moon have?

The treaties such as Outer Space Act 1986 set the context for space law. A fundamental principle
of the 1967 Outer Space Treaty, the Magna Carta of spaceflight, is that the exploration and use
of outer space shall be carried out ³for the benefit and in the interests of all countries ... and shall
be the province of all mankind´. This arguably causes a tension with the commercialization of
space, as seen by the sale in 2005 of land on the Moon. There are a couple of companies who
claim that ownership of outer space is just like exploration on Earth. If you¶re the first place to
find somewhere, then you get to own it. And if you just say that something¶s yours, and nobody
can really stop you, then it¶s really yours. They¶ll charge a few dollars to ³own´ a few acres on
the Moon. You might get the documentation, but no country on Earth is going to respect
your moon property. And some day, long in the future, you might find someone setting up a
lunar golf course on your acreage, with no one to complain to.
If you are going to buy land on the Moon, you¶ve got to understand that this is for entertainment
purposes only. The company selling the land doesn¶t have the rights to it, and no other
organization on Earth will respect the property right claim. If you still want to buy land, go
ahead« but buyer beware. Of course, if you were able to fly up to the Moon, and build a house,
it would be pretty difficult for anyone to stop you.

Another aspect of this trend is that the geostationary orbit is becoming congested with satellites
and other objects, multiplying the growing problem of space debris. The amount of stuff floating
round the Earth increases the risk of collisions, of rockets sent into space hitting something on
the way and of debris falling to Earth.So adding to debris could be the reason to stop that
company wanting a license to launch a space advertisement ² there appears no obvious ground
otherwise.

The general legal position under the treaties is that nations are liable for events caused by objects
launched from their territory. However, uniquely the UK Government passes on this liability in
full to the private sector, a policy that harms the space industry¶s competitiveness.

There is a new theory that companies should pay a fee for using space. ³Ëees for use of a
resource are common terrestrially then shouldn¶t it be for Space also.

Aut others interested in following suit to revive their practices by buying and selling stars,
asteroids or plots on the Moon will be disappointed. Despite the many companies offering to sell
such attractive rights, the Outer Space Treaty is clear that space and celestial bodies cannot be
appropriated. So what are you getting for your money? ³A piece of paper,´ replied a Space law
expert . ³And perhaps an attractive frame.´

Ë| |Y|/|

This field of law is still in its infancy but it is in an era of rapid change and development. New
branches of the discipline will probably develop into astro-law as it applies to outer space and
astro-law relating to celestial bodies. So far, space law has really been earth law, but regardless
of its applicability, international space law should stem from humanistic philosophies evolved
from rules and forums developed here on earth. Debatably the resources of space are infinite, and
limited only by our ability to use them in a manner that is fair and equitable to all nations and
which is environmentally ethical. If commercial space transportation becomes widely available,
with substantially lower launch costs, then all countries will be able to directly reap the benefits
of space resources. In that situation, it seems likely that consensus will be much easier to achieve
with respect to commercial development and human settlement of outer space. High costs are not
the only factor preventing the economic exploitation of space: it is argued that space should be
considered as a pristine environment worthy of protection and conservation, and that the legal
regime for space should further protect it from being used as a resource for Earth's needs. Debate
is also focused on whether space should continue to be legally defined as part of the ³common
heritage of man,´ and therefore unavailable for national claims, or whether its legal definition
should be changed to allow private property in space.

  |

Space law has brought forth a vision for harmony in universe and unity of knowledge. To quote
Rabindranath Tagore, ³ through our sense of truth we realize law in creation, and through our
sense of beauty we realize harmony in the universe´. Therefore we look to space law and science
with a vision of beauty and harmony for the universe.
AIALIOGRAPHY:

1.| Dr S.K, Kapoor, 4 






Central Law Agency( 17th
edn.,2009)
2.| Sandeepa Ahat A, Y


 

Eastern Aook Company(
1st edn.,2010)
3.|

 


4.|
@


5.|
 



  

@

|