ABSTRACT
As each country is tightening its environmental protection laws and stressing on every citizen’s responsibility to maintain a clean surrounding, one might wonder who is responsible for clearing the mess that we have created in the space above us. This paper advocates that regulating space pollution is as crucial as regulating the pollution on earth. Space junk may not directly affect us, but it causes a huge security concern for satellites and other bodies orbiting our planet and creates a risk of collision between them. Through this research paper, we will try to understand the meaning and relevance of space law and also discuss the current space laws adopted by the international community. Our focus lies at the interjunction of space law and outer space environmental protection. Our main research question would be, as all the major countries like USA, Russia, China and Japan have enacted their own national space laws, is it high time for India to enact its own National space law? We have discussed how the existing international frameworks are insufficient in addressing the problem at hand and therefore the need for a comprehensive space law for India cannot be more urgent.
KEYWORDS
Space debris, Space law, Orbital pollution, Space junk, Kessler Syndrome, Outer Space.
INTRODUCTION
With immense technological advancements, the Indian Space Research Organisation (hereinafter referred as ISRO) since its inception in 1969, is leading its way in the space sector with its successful launches like Chandrayaan 3 and Aditya L1 in 2023, XPoSat in 2024, and preparations are ongoing for the launch of Gaganyaan 1, scheduled to launch next year. While we celebrate each launch with pride, acknowledging our country’s progress in the space sector, we remain oblivious to the harm it causes in outer space and the safety concerns that arise when these parts of a spacecraft separate and float in cosmic space, and this is what leads to the formation of Space junk/ Orbital Pollution. It is defined by the International Academy of Astronautics (IAA) as “any man-made Earth-orbiting object, non-functional without any expectation of resuming functionality and includes fragments and parts of such objects”. After successfully making pollution an alarming issue on our planet, we have not even left the outer space! The reason why it’s probably not considered an alarming issue by some can be because of its ‘invisibility’ to the naked eye as it is situated in the outer space. As with more progress comes more responsibilities, a nation’s obligation cannot be limited to mere launching of spacecrafts to attain its goal and advance the space economy, but should exceed beyond it, to protect not just the world we live in but also the space that lies beyond us. ESA’s Annual Space Environment Report, 2019 states that “As of the end of 2017, it was determined that 19,894 pieces of space junk were identified in one of the orbital divisions of the earth with a combined mass of 8135 tonnes- that is more than the entire metal structure of the Eiffel Tower.” In the future, as the situation worsens, space junk stands as a challenge in the age of Globalisation, causing difficulty in conducting space exploration activities and hampering communications worldwide. The term ‘Kessler Syndrome’ was used in the same sense by Donald J. Kessler to indicate that if this risk is not eased, it can lead to a series of chain reactions, where the space debris will collide and as a result of which will generate even more debris. This would lead to a never ending destruction.
RESEARCH METHODOLOGY
For the purpose of this research paper we have used a Mixed method of research. We have referred to the relevant articles, research papers, national and international news, and online websites to develop an in-depth understanding of the problem at hand. At the same time we have also used Quantitative data while listing the damage that is caused by space exploration activities. The relevant sources for the same are duly cited.
REVIEW OF LITERATURE
- ESA Space Debris Office, “ESA’s Annual Space Environment Report” (2017). https://www.esa.int/Safety_Security/Space_Debris/Latest_report_on_space_junk (last accessed Dec 13, 2024). This report of European Space Agency which is released on an annual basis helped us with us quantitative research and highlighted the existing amount of space junk that is present in the space. As the report was published in 2017, the numbers must have increased significantly since then, but it still gives us numbers to ponder upon.
- Jonathan O’Callaghan, What is Space Junk and why is it a problem?, Natural History Museum https://www.nhm.ac.uk/discover/what-is-space-junk-and-why-is-it-a-problem.html (last accessed Dec 14, 2024). This article authored by Jonathan helped us in forming our basic understanding of what a space junk is and how is it formed in the first place. Gradually the author explains the concerning issue it raises. This article also contained some quantitative figures that helped us with our research.
- Mike Wall, Kessler Syndrome and the space debris problem (2022) https://www.space.com/kessler-syndrome-space-debris (last accessed Dec 14, 2024).
This article went a little ahead of the problem and explained the future of space law if the space debris problem is not solved at the right time. It talks about Kessler Syndrome and explains its catastrophic impact on our space environment.
- United Nations Office for Outer Space Affairs, Treaty on Principles governing the activities of states in the exploration and use of outer space, including the moon and other celestial bodies https://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties/outerspacetreaty.html (last accessed Dec 14, 2024). The UN treaty for Outer Spaces is one of the most important international legislation which we have discussed and have also highlighted some of it loopholes. The treaty was the beginning of space law on an international level.
INTERNATIONAL FRAMEWORKS FOR SPACE ENVIRONMENTAL PROTECTION AND THEIR LEGAL GAPS
United Nations was the first international agency which talked about the creation of a unified space law governing activities in the space, by setting up the UN Committee on the Peaceful Uses of Outer Space (hereinafter referred as COPUOS). We will discuss the primary legislations which have been formulated by the international committee and which largely regulate space activities on a global level today.
THE OUTER SPACE TREATY
The issue of space environmental protection was finally recognized with the formulation of the Outer Space Treaty in 1967. The important articles under this treaty are Article VI, VII and IX and they make the countries liable and accountable for their actions in the space. The main components of this treaty are:
- It makes space a free space to be explored by all nations, giving each country equal opportunity in the sector and not creating monopoly of any one particular nation. It also directs the states that space as a free space cannot be claimed/ owned by any one particular nation or organisation.
- It ensures that all the space activities are conducted peacefully and refrains countries from undertaking any act of violence against each other in the outer space.
- Primarily it makes the states responsible for their space activities. As space is not owned by anyone, it is very easy for a nation to shed its accountability for the same.
- It also directs the countries to avoid harmful contamination of space and its celestial bodies. Here, the treaty indirectly touches upon the issue of orbital debris and environmental pollution.
One major loophole of this treaty is that it is too generic in its nature. The treaty though regulates space activities by countries, but doesn’t mention the term space debris or directly talks about it. The terms ‘harmful contamination’ and what constitutes ‘adverse changes to the environment’ are not directly mentioned in the treaty, which makes it ambiguous, and no clear definition can be rendered to these terms. In the present world, there are several non-state and private entities that conduct space activities. It is also a major barrier where countries like India are engaging the role of the private sector in building a space economy. The same issue of interpretation comes with the Moon Treaty of 1979 as the same terms are used in it without giving any possible definition of the same.
THE LIABILITY CONVENTION
The Liability Convention 1972 makes the states responsible for damaging or causing harm to the environment in outer space. Although the liability clause was already mentioned in the Outer Space Treaty, this convention primarily deals with it but compensates only human agencies. When it comes to making a country liable for its damages in the space, another major debate sparks between developed and developing nations. It is well known that space exploration began first with the developed countries like Russia, America and China leading the race. These handful of nations dominated the space sector globally for a considerable period of time. It was after a while that other countries also asserted their presence in this sector, but till then, a substantial amount of damage had already been made in outer space. USA had launched more than 437 satellites by 2022, the Soyuz vehicle of Russia has had 1680+ launches as per European Space Agency (hereinafter referred as ESA). The number must have increased in the past two years. Considering these figures, one can imagine the tremendous amount of damage that is already caused to our outer space. According to the Natural History Museum “there are about 2,000 active satellites orbiting Earth at the moment, there are also 3,000 dead ones littering space. What’s more, there are around 34,000 pieces of space junk bigger than 10 centimetres in size and millions of smaller pieces that could nonetheless prove disastrous if they hit something else.”
OTHER INTERNATIONAL SPACE LAWS
There are several other legislations like the Rescue Agreement of 1968 which outlines the obligations of states in assisting astronauts and to return space objects that land on foreign territories, the Registration Convention of 1976 which obliges each state to register its space objects with the UN to enhance transparency and accountability between nations. The Space Debris Mitigation Guidelines of 2007, though not legally binding, aims to reduce the space debris and mitigate its impact in the environment of outer space.
One loophole of these international conventions is that they are not binding on all the countries in the world but only on countries that specifically ratify them. This shows that there is no mandate for strict adherence which encourages states to comply to the rules of debris management. The current raising issue of orbital pollution already illustrates the inability of these conventions in mitigating the risk of outer space pollution. Drafting and adopting another comprehensive international framework will take time before it finally comes into existence, and the problem needs an urgent solution. That is why the introduction of a national space law becomes crucial to address the problem efficiently.
SPACE LAW IN USA
US leads the chart when it comes to crafting a national space legislation and is the first country to do so with the passing of the National Aeronautics and Space Act, 1958. It is also the first country to introduce commercialisation in the space sector by stressing the affect of its privatisation in 1984. When it comes to addressing the environment pollution in outer space, America has issued The Space Policy Directives of 2018 which outline policies for reduction the generation of space debris and enhance space traffic management, including debris removal and collision avoidance strategies. The Space Traffic Management is also a step in this direction making the Federal Communications Commission (FCC) and the Federal Aviation Administration (FAA) play roles in regulating space launches, orbital traffic and licensing space- related activities.
SPACE LAW IN EUROPE
At the regional level, European space law is largely shaped by the European Space Agency (ESA), an intergovernmental organization with 22 member states, which cooperates in space research, exploration, and the development of space capabilities. ESA has a strong emphasis on ensuring space activities are conducted sustainably. For instance, ESA has developed guidelines for space debris mitigation and environmental protection, and has led international efforts to address the growing issue of space debris. Countries in Europe like France, Germany and Italy are governed by their very own space laws. Apart from this, ESA has crafted various other frameworks to regulate its space activities which are:
European Space Agency’s (ESA) Space Debris Mitigation Guidelines: ESA has developed comprehensive guidelines aimed at reducing the generation of space debris, such as recommendations on designing satellites for end-of-life disposal and using passive deorbit mechanisms.
Active Debris Removal (ADR) Projects: ESA and other European entities have explored and initiated programs for removing space debris, such as the ClearSpace-1 mission, which is designed to capture and deorbit defunct satellites.
EU Space Debris Guidelines: The European Union, through its various space programs, also promotes space debris mitigation strategies for both public and private space actors, focusing on responsible satellite design, launch, and operation.
EU Directive on Environmental Impact Assessment (EIA): This directive applies to certain large space projects in Europe, requiring that potential environmental impacts, including those on space and orbital environments, be evaluated before projects can proceed.
ESA Planetary Protection Policy: ESA follows strict planetary protection guidelines for missions that may involve landing on or studying celestial bodies, ensuring that no harmful microorganisms from Earth are introduced to these environments.
THE NEED FOR A COMPERHENSIVE SPACE LAW FOR INDIA
As illustrated earlier, India has achieved numerous achievements by growing its space activities and has emerged as a major player in the global space sector. Moreover, the growth of the private space sector in India has accelerated with the emergence of companies like Skyroot Aerospace, Agnikul Cosmos, and Pixxel. These developments underscore the need for a robust space law framework to regulate these activities and ensure that they are conducted in a responsible, sustainable, and safe manner. India, as a member of the United Nations, is a signatory to major international space treaties such as the Outer Space Treaty (1967), The Rescue Agreement (1968), The Liability Convention (1972) and therefore a national framework would help India to ensure compliance with these international norms and demonstrate its commitment to the peaceful and responsible use of space. India’s growing commercial space industry, which is projected to play a pivotal role in the coming years, will need clear regulations to thrive sustainably. These regulations would promote entrepreneurship by providing a legal framework for private space companies to launch satellites, develop new space technologies, and offer space services. Also, would protect private interests, ensuring that commercial ventures operate within a legally sound and predictable environment, reducing the risks of disputes related to ownership, intellectual property, and liability. While discussing India’s space law, it is important to mention the Space Activities Bill 2017, which is a draft legislation yet to become an act. The bill creates a maximum punishment of three years + fine for bodies who damage the outer space. The problem with its punishment provision is the homogeneity of the punishment regardless of the magnitude of outer space pollution. This is a tricky part as if two private bodies damage the outer environment, the punishment for both the bodies cannot exceed three years even where the act of one of these bodies majorly impacted the lives of people on earth and caused massive disturbance. This loophole could be an escape for those organisations who constantly greenwash their customers and yet don’t receive the desired punishment for the same.
India could play a role in developing technologies for debris removal or mitigation, in collaboration with other nations and private actors. India needs to develop legal and institutional infrastructure capable of enforcing space law, such as specialized agencies and regulators to oversee space activities. India’s space law must strike a balance between encouraging innovation in the private sector and ensuring responsible space activities. Overregulation could stifle growth, while under regulation could result in safety and environmental risks. As space law is still evolving globally, India must actively participate in international efforts to create a comprehensive legal framework for space, addressing issues like space debris, space traffic management, and resource utilization.
SUGGESTIONS
- Space Debris: As space activities increase, so does the risk of space debris, which can pose a significant threat to operational satellites and space missions. The Bill introduced in India should seek to promote the mitigation of debris by encouraging guidelines for satellite design, launch practices, and end-of-life disposal (such as deorbiting satellites) and should be a comprehensive legislation on the same.
- Preventing Harmful Contamination: India is bound by the Outer Space Treaty’s requirement to prevent harmful contamination of space and celestial bodies. This includes measures like sterilization of spacecraft to avoid contaminating other planets (such as Mars) with Earth-based microorganisms.
- Environmental Impact Assessments: India should enact a space law as enacted in America, which require routine environmental assessments for space launches, which include the potential impact on both space and Earth’s environment (e.g., emissions from rocket launches). Such assessments when carried out before the launch, can effectively demonstrate the damage that can be caused in the outer space and therefore is an excellent precautionary measure.
- Commercial Space and Liability: As private space companies proliferate, some lack stringent environmental controls or oversight on the disposal of satellites. This can lead to increased debris or lack of accountability for accidents in space. India has not fully addressed how commercial space actors will be held accountable for debris they create. As private companies play an increasingly prominent role in space, regulations governing their environmental responsibility and debris mitigation efforts are still in development. Many private companies operate with minimal oversight, particularly in areas where international regulation is weak.
- Arms Race in Space: Although the Outer Space Treaty prohibits the placement of nuclear weapons in space, it does not address more modern military technologies that could potentially damage space environments. The increasing militarization of space presents a long-term risk to the space environment, and India has yet to establish clear laws or international agreements to mitigate the environmental consequences of such activities.
CONCLUSION
Currently there is no international legislation, which outrightly talks about the orbital pollution and space debris. But as highlighted by the research above, such legislation is the need of the hour, which comprehensively and holistically deals with the problem of space environment pollution. The introduction of space law in India is not just a regulatory necessity, but a strategic move to ensure that India remains a responsible spacefaring nation. With the expansion of space activities, India must prioritize the protection of the outer space environment, ensuring that space remains safe, sustainable, and accessible for future generations. A well-crafted space law can provide the legal clarity and regulatory framework needed to foster innovation, ensure the responsible use of space, and protect both the space environment and national interests.
Name- Shreya Doneriya
College- Symbiosis Law School NOIDA