Who Gets the Moon, and Who Has the Right?
Can nations claim stars or launch without fight?
Treaties and laws, it’s not just a show —
Let’s navigate space, by the legal code we know.
Introduction
What is Space Law?
Space law can be described as the body of law governing space-related activities. Space law, much like general international law, comprises a variety of international agreements, treaties, conventions, and United Nations General Assembly resolutions as well as rules and regulations of international organizations.
Space law addresses a variety of matters, such as, for example, the preservation of the space and Earth environment, liability for damages caused by space objects, the settlement of disputes, the rescue of astronauts, the sharing of information about potential dangers in outer space, the use of space-related technologies, and international cooperation.
A number of fundamental principles guide the conduct of space activities, including the notion of space as the province of all humankind, the freedom of exploration and use of outer space by all states without discrimination, and the principle of non-appropriation of outer space.
Need of the Law of Cosmos and Its Background
If no one owns the Moon, who has the right to sell “lunar land plots” that companies already advertise online?
Who should clean up the “cosmic junkyard” of space debris — the polluter, the global community, or a new “space cleaning agency”?
Should future colonies on Mars follow Earth’s laws, or write their own “Mars Constitution”?
To get answers to such questions, it is first important to understand the need of space law before getting ahead in the further discussion.
The Beginning of Space Law
Before 1957, no specific space law existed. International legal discussions focused only on air law under the Chicago Convention (1944), which granted states complete sovereignty over the air above their territory. However, the boundary between airspace (subject to sovereignty) and outer space (beyond sovereignty) was undefined.
Then came the launch of Sputnik I (1957). On 4 October 1957, the Soviet Union launched Sputnik I, the first artificial satellite. This was the first human-made object to orbit the Earth. As it orbited, Sputnik passed over the territories of many states, raising critical questions:
- Did this violate national sovereignty (as in air law)?
- Or was outer space a domain free for exploration, like the high seas?
Sputnik: A Turning Point
The flight of Sputnik forced the international community to confront whether existing air law applied to outer space.
- Customary acceptance of space freedom: No state protested against Sputnik’s overflight. This silence was understood as state practice and legal acceptance that outer space was not subject to national sovereignty.
- Catalyst for international lawmaking: Sputnik directly pushed the United Nations to act upon:
- 1958: Formation of the Committee on the Peaceful Uses of Outer Space (COPUOS)
- 1961: UNGA Resolution 1721 – affirmed that international law applies to outer space
- 1963: Declaration of Legal Principles (UNGA Resolution 1962)
- 1967: Outer Space Treaty – the “Magna Carta” of space law
Overview of the Complete Legal Framework of Space Law
The framework of space law can be divided into key phases:
- 1957: Space age begins (Sputnik)
- 1958–1963: Foundations & Early Principles
- 1959: UN establishes COPUOS (permanent) – RES 1472 (XIV)
- 1961: UNGA RES 1721 (XVI): launch info registry + peaceful uses principles
- 1963: Declaration of Legal Principles (UNGA RES 1962)
- 1963: Partial Test Ban Treaty (PTBT): bans nuclear tests in outer space
- 1963: UNGA RES 1884 (XVIII): refrain from placing nuclear weapons in orbit
- 1967–1979: The Five UN Space Treaties (Core)
- 1967: Outer Space Treaty (OST) – framework & peaceful use
- 1968: Rescue Agreement – astronauts’ rescue & return
- 1972: Liability Convention – damage standards & claims
- 1975: Registration Convention – registry of space objects
- 1979: Moon Agreement – governance principles for the Moon
What Needs to Be the Road Ahead?
- Establishing new space norms and regulations: Addressing space debris, non-interference principles, spectrum management, proximity rules, and stricter regulations.
- Encouraging international cooperation: Promoting adoption of an International Code of Conduct for Outer Space Activities (ICoC).
- Leadership role for India: Advocating discussions within BRICS, SCO, and COPUOS to shape governance frameworks.
- Intellectual property (IP) recognition in space: Establishing legal frameworks for IP rights in outer space activities.
- Ensuring responsible behavior: Shared policies among nations to promote peaceful exploration and use of space.
Abstract
The rapid advancement of space technology and the growing interest in outer space activities by both state and non-state actors have necessitated the development and evolution of space law as a distinct legal discipline. This assignment explores the foundational principles, legal frameworks, and contemporary challenges associated with the regulation of outer space.
Conclusion
India’s space sector is undergoing a legal and economic transformation, with its space economy projected to reach $44 billion by 2033 and global market share rising to 8% by 2030. The introduction of the Space Activities Bill, IN-SPACe’s regulatory frameworks, and new state-level space policies signal a shift toward structured, innovation-driven governance. As India pioneers missions like SpaDeX and advances plans for its own space station, it is poised to lead in shaping global space law. Strategic legal clarity and international collaboration will be crucial to ensuring sustainable and equitable use of outer space.
References:
- https://www.unoosa.org/oosa/en/ourwork/copuos/index.html
- https://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties/resolutions/res_16_1721.html
- https://www.unoosa.org/oosa/en/ourwork/spacelaw/principles/legal-principles.html
- https://oxfordre.com/planetaryscience/display/10.1093/acrefore/9780190647926.001.0001/acrefore-9780190647926-e-43?d=%2F10.1093%2Facrefore%2F9780190647926.001.0001%2Facrefore-9780190647926-e-43&p=emailAEEdu0Ab7r%2Fwg#acrefore-9780190647926-e-43-div1-5
- https://www.drishtiias.com/blog/space-law-and-the-future-of-space-exploration
- https://www.spacefoundation.org/space_brief/international-space-law/
- https://www.britannica.com/topic/space-law
Books:
- Myes S. Mc Dougal, Harold Laswell and Iuan A. Vlassic, Law and Public Order in Space
- Wilferd Jenks, Space Law
Written By:
- Anubhuti Tripathi
- Harshita Chouhan
