This article has been written by Husain Rizvi pursuing a Diploma in International Contract Negotiation, Drafting and Enforcement from LawSikho.

This article has been edited and published by Shashwat Kaushik.

Introduction

Space exploration has become an extremely common yet important aspect among various jurisdictions over the past decades. As a result, countless space objects, such as satellites, rovers, space drones, spacecraft, etc., have been launched into orbit and outer space to unravel the mysteries of space and to acquire a better understanding of our solar system, orbit, celestial bodies and the vast unknown beyond our physical reach as of now. However, such expeditions may have some adverse effects, whether it be in the form of orbital congestion due to the cluttering of non-functioning satellites, which may contaminate the celestial bodies, or an increase in the overall content of space debris, which threatens to damage other space associated technology. Therefore, this is where space law comes in as strict guidelines and treaties are made under the law establishing rules and regulations regarding the safe operation of any space technology being launched, and such treaties are to be adhered to by all the associated operating parties, without exception.

Satellite liability and space debris management under space law have become a far more prominent subject in recent years, with a significant increase in orbital congestion. Such congestion is happening due to various nations launching their space objects, such as satellites and space exploration crafts/drones, into orbit. However, leaving such space technology unattended after the completion of its functioning life contributes to orbital congestion, as it results in the accumulation of space junk due to a lack of proper management and mitigation. Such space debris keeps on circling the orbit while being completely unattended at very high speeds, making them extremely dangerous for an already functioning satellite or spacecraft, as such debris may collide with the already functioning space technology by interfering in its orbital path which will result in grave damages. Therefore, the mitigation and proper management of satellites and other space objects after the completion of their functioning lifespans become a necessity. There has been the emergence of various international treaties and guidelines that are required to be strictly abided by the respective operating parties associated with the launch of any space technology. In this article, we shall explore the legal responsibilities of the operating parties, liabilities for damage under space law and liability for space mitigation.

Legal responsibilities of operating a satellite

There are various international treaties and guidelines that are to be adhered to by the operating parties associated with the launch of a satellite. Therefore, such guidelines lay down aspects and regulatory rules that will ensure the safe and lawful operation of satellites. Such aspects are as follows: 

Registration

The registration of the launch of any satellite is mandatory to be registered with the international registry. According to the Outer Space Treaty, which is an international treaty governing space related activities being executed by different nations, an operating party associated with the launch of a satellite is required to register the same before such a launch, which shall help avoid any potential misunderstandings among the nations on an international level.

Communication

The International Telecommunication Union (ITU) plays a significant role in ensuring that proper communication via radio frequencies is executed between satellites. ITU tends to consist of three sectors in particular, which are radio communication, telecommunication standardisation, and telecommunication development. ITU provides overall direction for space activities as well as establishes multiple guidelines to ensure proper communication between satellites, ITU’s major goal is to avoid any potential misunderstandings between the satellites due to poor communication, which may lead to collisions.

Licensing

The operating party associated with the launch of a satellite is required to obtain all the legal and necessary national licences before the commencement of the project. Such licences can be obtained from the relevant space authorities of the respective jurisdiction from which the launch is supposed to be executed. The authorities may differ from nation to nation.

Example:

In India, the Indian Space Research Organisation and the Department of Space are responsible authorities for the licencing of satellites. However, in the USA, the Federal Communications Commission tends to be the licencing authority responsible for satellites. 

Traffic management

All the operating parties associated with the launch of a satellite are required to abide by the guidelines of the Outer Space Treaty for better orbital traffic management, which shall help in avoiding any potential collisions or cluttering of space debris.

Liability for damage caused by space debris under various treaties 

Liability under outer space treaty

The Outer Space Treaty establishes guidelines for the safe operation of satellites, but it also states that the operating parties associated with the launch of the satellite are responsible for any potential damage caused by such satellite or space debris to any life or property, moreover, it also mentions that the operating party shall be held accountable for any damage caused to a celestial body by such space debris.

Space liability convention

The Space Liability Convention, formally known as the Convention on International Liability for Damage Caused by Space Objects, adopted in 1972, is a landmark international treaty that delineates the legal framework for addressing liability issues arising from space activities. This convention plays a crucial role in ensuring that nations involved in space exploration and utilisation are held accountable for any damages caused by their space objects.

At its core, the Space Liability Convention establishes the principle of absolute liability for launching states. This means that regardless of whether the damage was caused intentionally, negligently, or even accidentally, the state that launched the space object is legally responsible for compensating for any harm caused. This principle is based on the recognition that space activities carry inherent risks, and it is essential to assign clear responsibility for any resulting damages.

The Convention defines space objects broadly to encompass not only spacecraft but also their components, parts, and debris. This broad definition ensures that even small pieces of space debris, such as fragments from a satellite collision, are covered under the Convention’s liability provisions.

The Convention also outlines the process for determining the extent of liability and the amount of compensation to be provided. It establishes that the launching state is liable for damage caused both on the Earth’s surface and in outer space. This includes damage to property, loss of life, and environmental harm.

To facilitate the resolution of liability claims, the Convention encourages states to establish national mechanisms for handling such claims. These mechanisms may involve administrative processes, judicial proceedings, or a combination of both. The Convention also encourages states to cooperate in the investigation of space accidents and the exchange of information related to liability claims.

The Space Liability Convention has been signed and ratified by over 100 countries, reflecting its broad acceptance and recognition as a fundamental legal framework for space activities. It serves as a vital instrument in promoting responsible space exploration, ensuring the safety and well-being of individuals and communities worldwide, and fostering international cooperation in the peaceful use of outer space.

Compliance with SSA

The operating parties associated with the launch of a satellite are required to share information regarding their launch with other nations on an international level, and this is promoted by Space Situational Awareness (SSA). It keeps track of space objects and their operational environment and predicts the orbital distance they will cover in the future. It is important to note that SSA is not a legal framework in itself; therefore, it’s not legally binding in nature. However, if any damages or collisions occur due to the result of any party withholding crucial information regarding the launch of their project, then such party can/will be held liable for non-compliance with SSA norms.

Insurance under outer space treaty

All the operating parties associated with the launch of a space object are required to carry the necessary insurance before the commencement of their project. As mentioned earlier, if any damages are caused by the space debris, then the relevant launch party shall be held liable for compensation. Such compensation will be covered by the issuance under OST.

Liability for mitigation of space debris

United Nations Space Debris Mitigation Guidelines

The United Nations Committee on the Peaceful Uses of Outer Space (COPUOS) plays a crucial role in establishing guidelines for the proper and effective mitigation of space debris. COPUOS was formed by the UN in 1959 with the primary objective of addressing and governing the legal issues that arise from space exploration. While the guidelines mentioned under the convention are not legally binding, they provide a framework for responsible behaviour in space.

One of the key aspects of the COPUOS guidelines is the emphasis on minimising the creation of space debris. This includes measures such as designing spacecraft and satellites to minimize fragmentation during launch and re-entry, as well as avoiding on-orbit collisions. Additionally, the guidelines encourage the development and implementation of technologies for active debris removal, such as capturing and deorbiting defunct satellites.

Another important aspect of the COPUOS guidelines is the promotion of international cooperation in space debris mitigation. Recognising that space debris is a global issue, the guidelines encourage states and international organisations to work together to address the problem. This includes sharing information on space debris tracking and monitoring, as well as coordinating efforts to remove debris from orbit.

While the COPUOS guidelines are not legally binding, they hold significant moral and political weight. By adhering to these guidelines, states and organisations demonstrate their commitment to responsible space exploration and their willingness to cooperate in ensuring the long-term sustainability of outer space.

However, it’s worth noting that there are ongoing discussions within COPUOS and the broader international community regarding the need for legally binding measures to address space debris. Some experts argue that stronger legal frameworks are necessary to ensure that all spacefaring nations take concrete steps to mitigate debris.

Disposal planning

The operating parties are required to pre-plan for the disposal of a satellite upon the end of its functioning cycle in advance. Once the lifetime of a satellite comes to an end, it is required to be directed towards the graveyard orbit to avoid collisions as they may enter the orbital path of other functioning space objects. Graveyard orbit is an orbital section located at a higher altitude. That is where all the non-functioning satellites are supposed to be sent.

Liability without fault

According to the 1972 Convention on International Liability for Damage Caused by Space Debris, the operating party associated with the launch of a space object is supposed to be held liable for any damage caused to life or property on earth in the event of an accident. The operating party shall be held liable for the damage under the convention regardless of the nature of the accident, in other words, it wouldn’t matter if the accident occurred due to an unforeseen circumstance, the operating party will still be held accountable and liable for the same.

Legal aspects of space debris in India

Space debris refers to any man-made object, including fragments and parts of spacecraft, that is in orbit around Earth but no longer serves any useful purpose. It poses a significant threat to operational satellites and human space missions, as well as to the safety of people and property on Earth.

The legal framework for addressing space debris is complex and involves a combination of international treaties, national laws, and regulations. In India, the legal framework for space debris is still evolving, but several key laws and regulations are relevant.

Outer Space Treaty

The Outer Space Act, 1962, serves as the cornerstone of India’s legal framework governing its space activities. This landmark legislation draws inspiration from the principles enshrined in the 1967 Outer Space Treaty, a multilateral agreement that fundamentally shapes international space law.

The Outer Space Treaty establishes the principle that outer space, including the Moon and other celestial bodies, should be considered the “province of all mankind.” It emphasises that space exploration and utilisation should be conducted for peaceful purposes, free from any national appropriation or claims of sovereignty. The treaty also explicitly prohibits the placement of nuclear weapons or other weapons of mass destruction in orbit around Earth, on the Moon or on any other celestial body.

Incorporating these principles into its domestic legislation, the Outer Space Act, 1962, reaffirms India’s commitment to the peaceful exploration and use of outer space. It enshrines the principle that space is a global commons, open to all nations for scientific research and exploration. The act also acknowledges that space activities should contribute to the betterment of humanity by promoting international cooperation and fostering understanding among nations.

Furthermore, the Outer Space Act, 1962, establishes a comprehensive framework for regulating India’s space activities. It empowers the Indian government to grant licences and permits for the launch of spacecraft and the conduct of space-related experiments. The act also outlines safety regulations and liability provisions to ensure the responsible conduct of space operations.

Moreover, the act establishes the Indian Space Research Organisation (ISRO) as the primary agency responsible for planning, promoting, and implementing space activities in India. ISRO has played a pivotal role in India’s space endeavours, achieving significant milestones such as the successful launch of satellites, the development of launch vehicles, and the exploration of the Moon and Mars.

In conclusion, the Outer Space Act, 1962, serves as a crucial legal framework that guides India’s space activities, aligning with the principles of international space law as outlined in the Outer Space Treaty. It underscores India’s commitment to the peaceful exploration and use of space, while also regulating space operations to ensure safety and responsibility. The act provides the foundation for ISRO’s accomplishments, contributing to India’s growing stature as a major player in the global space arena.

Space Debris Mitigation Guidelines, 2007

The Space Debris Mitigation Guidelines, 2007, issued by the Indian Space Research Organisation (ISRO), serve as a comprehensive framework aimed at minimising the generation and accumulation of space debris in Earth’s orbit. These guidelines encompass a range of measures and strategies designed to promote sustainable space exploration and preserve the long-term viability of space activities.

Key provisions of the Space Debris Mitigation Guidelines, 2007:

1. Mass minimisation: The guidelines emphasise the importance of using lightweight materials in spacecraft construction to reduce the overall mass of satellites and launch vehicles. This measure aims to minimise the amount of debris created during launch and spacecraft operations.
2. Design for minimal fragmentation: Spacecraft designers are encouraged to adopt design principles that minimise the risk of fragmentation during launch, deployment, and end-of-life disposal. This includes avoiding the use of materials that could potentially shatter upon impact, such as glass or brittle metals.
3. Controlled re-entry: The guidelines advocate for controlled re-entry of spacecraft and launch vehicle components to ensure their safe and predictable de-orbiting. Controlled re-entry involves manoeuvring spacecraft into a designated re-entry corridor, allowing them to disintegrate harmlessly in the atmosphere.
4. Passive debris removal: The Space Debris Mitigation Guidelines, 2007, encourages the development and deployment of passive debris removal technologies. These technologies, such as drag sails and electrodynamic tethers, can gradually de-orbit small pieces of debris over time, contributing to the long-term cleanup of space debris.
5. Education and awareness: ISRO recognises the importance of educating stakeholders about the issue of space debris and promoting responsible behaviour in space. The guidelines emphasise the need for educational programmes and awareness campaigns aimed at space agencies, industry professionals, and the general public.
6. International collaboration: The guidelines acknowledge the global nature of the space debris problem and encourage international cooperation to address it effectively. ISRO advocates for the sharing of information, best practices, and technologies among spacefaring nations to enhance collective efforts in space debris mitigation.

By implementing the Space Debris Mitigation Guidelines, 2007, ISRO demonstrates its commitment to responsible and sustainable space exploration. These guidelines contribute to the preservation of the space environment for future generations, ensuring that the benefits of space exploration can continue to be enjoyed without compromising the long-term health of our planet’s orbit.

In addition to the laws and regulations mentioned above, India is also a party to several international treaties that are relevant to space debris. These include the Convention on International Liability for Damage Caused by Space Objects (1972), which establishes the liability of states for damage caused by their space objects, and the Convention on the Registration of Objects Launched into Outer Space (1975), which requires states to register their space objects with the United Nations.

The legal framework for space debris in India is still developing, but the laws and regulations that are in place provide a foundation for addressing this issue. As India’s space programme continues to grow, it will be important for the country to continue to work with the international community to develop and implement effective measures for mitigating the creation of space debris and ensuring the safe and sustainable use of space.

Conclusion

As we know, space exploration has become a common aspect of today’s world. Various nations have been launching their own space objects into orbit, which contributes to the collective success of mankind in the quest to conquer even the stars. However, such explorations in orbit call for a need for rules and regulations in order to maintain a systematic approach to executing such space projects.

The nations are expected to abide by certain rules mentioned in various treaties established under the space law. Treaties like the Outer Space Treaty lay down the ground rules for such explorations; furthermore, it is of extreme importance that the nations adhere to the requirements mentioned in the aforementioned treaties to avoid unnecessary damages or collisions between satellites belonging to different parties.

Interestingly enough, the treaties also mention rules and penalties for causing harm to celestial bodies, along with any harm caused to life or property on earth or in space via a space object. Therefore, we can state that the space laws and the regulations under it are very crucial for the collective success of mankind in the endeavour of exploring space and its depth.

References

• https://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties/outerspacetreaty.html
• https://www.spacefoundation.org/space_brief/space-situational-awareness/
• https://spacelaws.com/articles/space-licensing-in-india/
• https://www.unoosa.org/oosa/en/ourwork/copuos/index.html#:~:text=The%20Committee%20was%20tasked%20with,the%20exploration%20of%20outer%20space
• https://en.wikipedia.org/wiki/Graveyard_orbit