Sunita Williams In Space: Space Oddities & Legal Explorations

Several questions have emerged over legal frameworks applicable on Sunita Williams-led Boeing Starliner mission that is stranded in space since its launch through Atlas V rocket; right to health of the astronauts trapped in it; and inaction of the international community. To being with, there is an assertion that the outer space can be regulated by international law. As the outer space activities have shifted over the course of the decades, much has changed in the international law dealing with space as well. However, as it has been stated, the primary legal concept of space law has not changed. In fact, some of the key principles include the rescue of astronauts. 

International space law forms five extensive conventions along with a number of treatments in customs. Moreover, it has several recommendations as instrument of outer space for purposes of peace, which is of non-binding rules for inter fiancy. These provisions can be seen as an effort to address some important changes in the prospects for manned space exploration missions by putting the space agencies in condition to answer the call for missions deeper into space as well as longer missions. They also prevent the crew members of space exploration vessels: shuttles or stations from developing undesired impacts on their physical as well as their mental wellbeing, which worsens based on the extended span of time and the nature of their missions. 

Under international law, the right to health stems most clearly from the International Covenant on Economic, Social and Cultural Rights, of which Article 12(1) states: “The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.” Analysing this covenant it has been criticised for not having any clear ‘floor’ of rights and consequently, obligations which in fact challenges the very substance of the covenant’s content and gives rise to questioning if they can be termed as normative. Typically, it has been identified that the period of 1960s and 70s been successful for the ‘United Nations Committee on the Peaceful Uses of Outer Space’ (UN COPUOS) as it made considerable progress in the formation of the international space law.

The first and the most significant was 1963 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space. In the past, the outer space activities were stipulated by the general assembly resolutions as and when made. In fact, the General Assembly which initially was set to oversee and regulate the activities concerning space had adopted as many as 14 resolutions before the Outer Space Treaty of 1967 was created. 

In the decade between 1960 and 1970 the two major powers left in the space related activities were the US and the USSR. Regarding this issue, United Nations Forums, hence referred to as the UN was not in a hurry to agree and ratify the given power that would enable all the nations of the world to harness their potential to effectively and sustainably utilize outer space. In this regard, to reduce the likelihood of conflict and encourage space exploration and development for peaceful purposes the UN in 1992 created the Office for Outer Space Affairs in the UN Secretariat. 

Similarly, the Rescue Treaty of 1968 attempt to call for rescue of astronauts when they are either on the way to space back to earth or going to space. There have been several tries for human flights into outer space and some of these has been successes while some other has not been so lucky. Based on these considerations the UN adopted the Rescue Agreement for astronauts. Astronauts were given the status of the envoys of mankind, and all states were made to get it to their obligations to save astronauts in case of an accident while they are on the way to or back from outer space. 

Civil space agencies are governmental entities, funded by the respective national governments to enhance domestic capabilities in space exploration. There exists no uniform model for the development of a space agency. Rather, these agencies have been assigned a multitude of distinct purposes and roles by various governments throughout history. The genesis of civilian space agencies dates back to October 1, 1958, with the inception of the National Aeronautics and Space Administration (NASA), precisely one year following the launch of the world's inaugural artificial satellite by the Soviet Union. The establishment of NASA was intricately linked to the Cold War space race and emerged from a meticulous evaluation by the United States Government of two alternative organizational models for the nascent space program: (1) to integrate all activities within the U. S. Department of Defense, or (2) to establish a separate dedicated civilian space agency focused on scientific research and exploration. The latter option was chosen as a means to showcase the peaceful intentions of the American space program and to ensure that scientific, non-military objectives received top priority. In essence, the early era of space exploration was marked by a technological rivalry between the United States and the Soviet Union, with the two superpowers holding a near monopoly over space activities. In contrast, the Soviet space program was not structured under a designated space agency, leading to decentralized and poorly coordinated decision-making. However, this lack of central authority did not hinder the achievement of significant milestones. During this period, national governments were the primary entities involved in space utilization and exploration. The associated costs were deemed a burden exclusive to nation-states, and space activities were viewed primarily as of scientific and technological interest rather than as social or economic endeavors. The primary rationales were national security and prestige.

As the Cold War came to an end, the ambitions of national space programs shifted towards the exploration of deep space and the establishment of a more sustainable presence beyond Earth, notably through the creation of the International Space Station. The escalating costs, diminishing budgets, and a shift in rationales prompted NASA to seek collaborations and partnerships with other nations. This necessitated a transformation in the Agency's cultural values, relational approaches, and technology strategy. Nonetheless, the missions remained centered on scientific and technological objectives, and space activities remained the domain of a select few states with extensive space programs and a few major private enterprises.

Today, more than sixty years since the inception of the first space agency, the space sector has undergone significant transformation. Technological advancements and reduced costs have diminished the barriers to entry into space, fostering a more diverse community of space-faring entities. The 21st century, particularly the last decade, has witnessed a rapid expansion in both the quantity and variety of space activities and organizations globally. From small to medium-sized space agencies and commercial enterprises to military space actors, academia, and collaborations among all four sectors, the landscape of space exploration has become more inclusive and dynamic.

SPACE LEGISLATION

Space legislation can be categorized into two main areas:
(a) International Space Law
(b) National Space Law (e.g., legislation governing space activities in India)

1. International Space Law
The realm of International Space Law encompasses regulations governing activities and exploration beyond the Earth's atmosphere. This legal framework is primarily established through five instruments, all adopted under the auspices of the United Nations (UN) through the General Assembly's Committee on the Peaceful Uses of Outer Space (COPUOS). The UNCOPUOS has played a pivotal role in the evolution of International Space Law.
International Space Legislation Includes:
Treaties

(i) THE OUTER SPACE TREATY, 1967
The Outer Space Treaty, formally titled the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, was formally inaugurated in October 1967. It was signed by 103 countries and ratified by significant nations such as the United Kingdom, Russia, and the United States. The treaty's primary objective is to regulate and oversee the activities of member states concerning all celestial bodies and the moon. It assigns international accountability to member states for their activities in outer space, including the moon and other celestial bodies, regardless of whether these activities are conducted by governmental bodies or non-governmental organizations (NGOs). Member states are obligated to ensure that these activities are in accordance with the treaty's principles, which emphasize peaceful exploration and use of outer space, international cooperation, non-appropriation, and non-weaponization. Furthermore, states are required to authorize and supervise all relevant activities. The Outer Space Treaty also establishes liability for damage, holding the launching state internationally accountable for any harm caused to another State Party, its citizens, or entities on Earth, in the air, or in external space, coming about from their space objects or components, to flying machine, as well as for harms due to issues in space. 

(ii) THE RESCUE AGREEMENT, 1968
The Rescue Agreement, formally known as the Agreement on the Rescue of Astronauts, the Return of Astronauts, and the Return of Objects Launched into Outer Space, is an international agreement that delineates the responsibilities of states concerning the rescue of space personnel. While the Outer Space Treaty of 1967 merely mandates the provision of assistance to astronauts, the Rescue Agreement offers further clarity by referring to "personnel of a spacecraft," although this term remains somewhat ambiguous regarding individuals not traditionally considered astronauts, such as space tourists.

(iii) THE LIABILITY CONVENTION, 1972
The Liability Convention, which came into force on 1st September 1972, serves to delineate liability for damages related to space activities. Currently, it has been ratified by 22 states, aiming to govern International Liability for Damage Caused by Space Activities. Article 7 of the Outer Space Treaty outlines the liability of the launching state, holding it accountable for compensating damages caused by its space objects on Earth's surface or to aircraft, as well as for damages due to faults in space. It is noteworthy that under this convention, the state, rather than private individuals, is held liable for international damages. States are encouraged to enact national laws to safeguard their interests in collaborative space research and to mitigate liability in instances of damage. However, the absence of such laws does not exempt the state from liability under this convention.

(iv) THE REGISTRATION CONVENTION, 1972
The Convention on Registration of Objects Launched into Outer Space, also known as the Registration Convention, was adopted by the United Nations General Assembly in 1974 and came into force in 1976. As of February 2022, it has been ratified by 72 states. This agreement requires that states submit data on the orbits of their launched space objects to the United Nations.
The Convention encompasses five principal declarations concerning the exploration and utilization of outer space:

1. Declaration of Legal Principles Governing the Activities of States in the Exploration and Uses of Outer Space (1963)
2. Declaration governing the use of satellites for television broadcasting
3. 3.Declaration regarding remote sensing from outer space
4. Declaration regarding the use of nuclear power sources in outer space
5. Declaration on international cooperation in space exploration for the benefit of all states, with a particular focus on developing nations

India's Approach to Space Legislation
Currently, India's legal framework for space exploration is notably underdeveloped. Although statutes such as the Indian Space Research Organisation (ISRO) Act of 1969 and the National Remote Sensing Centre (NRSC) Guidelines of 2011 exist, they provide limited oversight over activities related to space. Historically, the Indian space sector has been characterized by a centralized approach, with direct control from prominent figures and even management from the Prime Minister's office. This approach has led to notable achievements, including ISRO's significant contributions to space technology. However, there is a growing recognition of the need for comprehensive space legislation as India progresses towards privatization.
The existing space regulations in India primarily consist of policy frameworks rather than detailed laws. These include:
1. SATELLITE COMMUNICATION POLICY (SATCOM): Established in 1997, this policy is aimed at advancing satellite communication capabilities, launching infrastructure, and fostering private investment. However, it was found to be insufficient, prompting the development of norms, guidelines, and procedures.
2. NORMS, GUIDELINES, AND PROCEDURE (SATCOM) POLICY, 2000: These regulations detail the procedures for the establishment of satellite systems by private Indian entities with less than 74% foreign equity, including specific rules for the utilization of the INSAT satellite system.
3. REMOTE DATA SENSING POLICY, 2011: This policy facilitates the transfer of high-resolution imaging services for commercial use, excluding sensitive imagery data. Its objective is to open the remote sensing sector to developmental activities.
4. ISRO TECHNOLOGY TRANSFER POLICY: Designed to encourage private participation and investment, this policy allows for the outsourcing of manufacturing of satellite components and other space technologies to both national and international entities, thereby enabling ISRO to concentrate on research and development.

SPACE LAWS IN INDIA

India's laws about space exploration are quite scanty these days. Even though there are laws in place like Indian Space Research Organisation (ISRO) Act of 1969 and National Remote Sensing Centre (NRSC) Guidelines of 2011, they don’t provide much guidance to people who undertake activities related to space.
The Indian space industry has been under strict controls for a long time, with direct supervision from big personalities or even the Prime Minister’s office. This means that even though ISRO has had astonishing achievements in space technology due to its centralized structure, there is an increasing requirement for specialized space legislation as India turns towards privatization.
In India, the prevailing norms governing outer space are mainly policy frameworks distinguished from pieces of comprehensive legislation. They include the following policies:
(a) The Satellite Communication Policy (SATCOM): This policy which came into force in 1997 is meant to promote satellite communications, launch capacities and foster private investment therein; however, this was considered inadequate and norms, guidelines and procedures were developed.
(b) The (SATCOM) Norms, Guidelines and Procedures policy of 2000: These regulations prescribe the procedures for establishing satellite systems by private Indian companies with less than 74% foreign equity including rules on using INSAT satellite systems.
(c) Remote Data Sensing Policy, 2011: This document facilitates transfer of high-resolution imaging services for private usage, except for sensitive imagery data in order to open up remote sensing sector for development activities.
(d) ISRO TECHNOLOGY TRANSFER POLICY: This particular policy seeks to enhance participation and investment from the private sector by allowing manufacturing of satellite components and other space technologies to be outsourced to both national and competitor international firms, so as to release ISRO for research and development work.

Challenges

Space Debris Management: As states pursue their satellite missions there is a challenge of managing debris generated from such activities. It is important for any country that launches a satellite into orbit to comply with international regulation on debris mitigation.
Resource Utilisation: Countries need to tackle issues related to ownership of resources in space like metals or energy supplies. To ensure that access to these resources is equitable and to prevent conflicts due to their exploitation, it is necessary for countries to come up with international agreements that will address the issue at large.
Sovereignty Non-Appropriation: The Outer Space Treaty forbids nations from asserting possession over celestial bodies; the aim is the peaceful use of space. It is imperative that we reconcile this with sovereignty rights given the increasingly ambitious nature of space activities.
Environmental Impact: Adequate legal frameworks are needed to deter the negative impact on space ecosystems because space activities can create waste and pollution.
Peaceful Purposes and Security: For outer space to be truly peaceful, there should be sound legal mechanisms and international cooperation that address any security issue that may arise.
Responsibility and Consequence: Resolving disputes necessitates creating legal regimes capable of dealing with liability problems in a space environment that keeps changing fast.
Cybersecurity and Data Sharing: Cyber threats must be guarded against while protocols for secure data sharing established hence cybersecurity laws in astronautics.
Private Sector Engagement: Legal clarity around ownership issues, liabilities, as well as regulations will enhance responsible and commercially viable approaches in outer space.
The international collaborative projects are intricate legal agreements, governing contributions, responsibilities, and intellectual property rights between nations engaged in such collaborative efforts as the International Space Station. Intellectual property rights should form the basis upon which legal frameworks that protect intellectual property rights generated through space exploration and research are developed to encourage innovation. Effective global governance mechanisms are needed as nations pursue ambitious goals in the field of space. International cooperation, agreements and forums have played a crucial role in harmonizing legal norms and ensuring peace as well as collaboration in space.

THE FUTURE OF SPACE EXPLORATION

2024 is going to be a turning point in space exploration especially as it builds on some major achievements made in 2023 like NASA’s OSIRIS-REx and India’s Chandrayaan-3 missions. Some notable upcoming missions include:

Europa Clipper Mission:
Objective: NASA Europa Clipper mission wants to explore the moon of Jupiter, Europa which is very cold and has some salt water underneath it.
Significance: This mission attempts to assess its habitability for extraterrestrial life through its icy coating over it, geology of that place and ocean underneath.
Launch Details: It will leave on October 10th, 2024, in a SpaceX Falcon Heavy Rocket and reach Jupiter in year 2030.

Artemis II Mission:
Program Goals: Part of NASA Artemis program is returning human beings to the Moon through this Artemis 2 so as to set up base before going to Mars.
Mission Specifics: After an uncrewed Artemis one, Artemis two will take place on November 2024 as the first crewed spacecraft to orbit round moon since 1972.

VIPER Lunar Mission:

Mission Overview: VIPER stands for Volatiles Investigating Polar Exploration Rover which is meant for exploring volatiles such as water and carbon dioxide present at south pole of the moon.
Technology and Schedule: VIPER having been designed with capacities that allow it withstand extreme lunar temperature will be launched in November 2024 with an aim of identifying future human exploration resources there.

The Lunar Trailblazer and PRIME-1 Missions:
SIMPLEx Program: NASA's SIMPLEx program presents economical rideshare opportunities for such missions.
Objectives: Lunar Trailblazer is intended to revolve around the Moon and help map out areas where there are waters while PRIME-1 is planned for testing drilling technology.

JAXA’s Martian Moon eXploration (MMX) Mission:
Mission Focus: The aim of the MMX mission by JAXA is to explore how Phobos and Deimos - moons of Mars came into existence.
Science Operations: This mission will last three years during which it will land on Phobos and bring back samples to have been launched around September 2024.

ESA’s Hera Mission:
Mission Purpose: Hera, a project under the European Space Agency will study Didymos-Dimorphos asteroid system after NASA’s DART mission that impacted kinetically in 2022.

Planetary Defense: There will be an evaluation of DART’s collision impact but also physical characteristics of the asteroids with a launch scheduled for October 2024.

CONCLUSION 

With this in mind there is need for the adequate protective health measures to be put in place at the international level. A new health-orientation norm has to be prepared and disseminated within the space exploration community such that it can be adopted as a general and fundamental norm in future agency and partner contract and bilateral agreements. Furthermore, there needs to be a collective action to tackle challenges and opportunities in space exploration, such as the creation of global standards, promotion of collaboration, respect for intellectual property rights, and rational research. Given its new space capabilities, India has a crucial role in determining the future of space governance and diplomacy worldwide.

FAQs

What is space law?
Space law encompasses an array of international and national laws that regulate space-related objects and activities, and includes:

• international agreements
• multilateral and bilateral treaties
• conventions
• United General Assembly resolutions
• principles and declarations
• rules and regulations of international organisations
• a growing body of domestic laws enacted by national governments, and
• case law.

Can we call home from outer space?
Though, the idea of the freedom in using outer space is general but the actual implementation has limitations as to the use of satellite for communication. Initially, satellites in geostationary orbit were utilized only for this purpose. The orbit is located about 36,000 km above the equator and has two main advantages. First, these satellites seem to be stationary from here on earth thus they do not require mobile antennas that track them. Secondly, three satellites strategically located within this orbit can serve over 99 percent of all people across the globe except in rank of area alone among which are polar regions. The International Telecommunication Union (ITU) coordinates distribution of two natural and resources necessary for functioning communication satellite: specific place in orbit plus frequencies for transmitting uplink & downlink signals to and from satellite itself. What mainly happens are states acting as middlemen with no enforcement powers in ITU but it was doing well until recently; however now with overcrowding around Geostationary Orbits (GEO) it becomes ever more difficult to prevent or settle disagreements.
One should apply to the ITU in case one is planning a telecommunication satellite.

Who regulates space law? 
Space law is regulated by the United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS). UNCOPUOS is responsible for providing international leadership and guidance on the legal, scientific, and technical aspects of the exploration and use of outer space. 

What are the principles of space law? 
The principles of space law include the freedom of exploration and use of outer space by all states, the peaceful use of outer space, and the prevention of harmful interference with the activities of other states in outer space. Other principles include the right to freedom of scientific research in outer space, the liability of states for damage caused by their space objects, and the protection of the environment of outer space. 

What are the treaties related to space law? 
The five major treaties related to space law are the Outer Space Treaty, the Rescue Agreement, the Liability Convention, the Registration Convention, and the Moon Agreement. These treaties provide the legal framework for the exploration and use of outer space