Abstract- In the year 1957 first artificial satellite sputnik launched in space and later in the year 1969 human put his first foot on the moon. After these missions in space, various types of missions are launched by various country space agencies like Vostok 1, Apollo11,Kepler, Falcon 9, Artemis etc. Today in the era of 2023, we see in the world of space we every day one of the countries launched its space program, Now this is the Right time we have to think about what natural resources in space will be explored and extracted. Who will have legal rights over the space naturals in the modern we called the Lunar Gold rush. We have to think about the Space exploration legal rights and Agreement. This is a very difficult in what manner we have to make a Space constitution that will set boundaries and limitations for the exploration and extraction of natural resources from space. Once we will find Answers of these queries we will pave the way for International space arbitration and Conciliation. We see now not only government bodies but also private stakeholders showing their interest in space like Elon Musk, Allen Paulen, Jeff Bezos, and Richard Branson. To understand the future ahead we need to understand the need of space governance now.
Keywords- Space exploration, asteroid Mining, Lunar colonization and Space laws.
Introduction
There is saying that “Embarking on a journey beyond our terrestrial confines, space exploration stands as a testament to humanity’s insatiable curiosity, the unwavering spirit of discovery, and the relentless pursuit of knowledge amidst the boundless cosmic expanse. In 2014 NASA launched a spacecraft that will capture, collect and relocate some samples of asteroids. This mission raises various types of questions Who will hold the rights on all those extraterrestrial properties? As mankind creates an egalitarian legal framework for our exploration of the universe, we must analyse the history, interpretation, modern technical landscape, and future of space law. Asteroid mining is also a subject of this research paper Basically asteroid mining is the extraction of materials from asteroids and minor planets. In the past Asteroid sample research missions like Hayabusa, and Hayabusa2 this mission illustrated the challenges we have to face during the extraction of material from an Asteroid. There is also a concept of Lunar colonization in which the moon is colonized by the countries to send their person to govern and take control of the natural satellite. On the NASA website, it is also mentioned that Humans may one day live and work on the moon for weeks or even months. Energy and electricity will allow humans to travel to and dwell on the moon’s surface. Humans must select an adequate energy source and technological ways to generate electricity.
The fundamental treaty on governance on space was signed in the year 1967 called The Outer Space Treaty 1967 even at that time ratified by the 110 countries. Even some occasions this treaty considered as constitution for outer space activity. In Article 1 of the Outer Space Treaty it is established that exploration carried out for the benefit of all countries and in the province of mankind. Article II of the treaty states that “the moon and other celestial bodies” are “not subject to national appropriation by claim of sovereignty, occupation, or any other means. Many types of other treaties are signed im 1960s and 1970s but the most important one is Moon Agreement of 1979.In the Article 11 of the Moon Agreement which contravenes of the Outer Space Treaty it is said that the moon natural resources cannot become the property of any state There is a prohibition on any exploration activity in this agreement .
Space laws- Space laws, often known as space treaties or space law, are a collection of international agreements and regulations that govern activity in outer space. These laws are intended to ensure that countries and organizations all around the world use space in a peaceful and responsible manner. Among the most notable space laws and treaties are:
Space law is body of law that basically control the space-related activities containing all international and domestic agreements. Parameters of space law include all the space-related technology transfer, Information sharing and ethics. Space law also include the administrative law, intellectual property law, arms control law, insurance law, environmental law, criminal law, and commercial law, are also integrated within the space law.
The origin of space law we see from the year 1919 with international law recognizing each country has sovereignty over the airspace directly above their territorial area , later reinforced at the Chicago convention in 1944. After this soviet union and USA started launching their space program, it was era when the space law field was independent from traditional space law.
Asteroid Mining- Asteroid mining is basically a idea of extracting minerals, ore and natural resources from Asteroids and other minor planets to Earth. Asteroids may be much better place to get supplies like minerals, ore and natural resources. The majority of study suggested that there are trillions of dollars of minerals and metals are buried in asteroids. Asteroids are very close to Earth even many scientists suggest it is feasible to supply of minerals from asteroid to Earth.
Most Asteroid are basically divided into three basic categories-
C-type – More than 75 percent of known asteroids fit into this category. The composition of C-type asteroids is similar to that of the sun without the hydrogen, helium, and other volatiles.
S-type – About 17 percent of asteroids are this type. These contain deposits of nickel, iron, and magnesium.
M-type – A small number of asteroids are this type, and they contain nickel and iron.
RESEARCH METHODOLOGY
This research study is descriptive in character, and the research relies heavily on the help of many written articles, official documents, research papers, blogs, and write-ups by various authors. As a result, this research is based on secondary sources and provides in-depth analysis of the findings related to the space exploration Asteroid mining and lunar colonization program also explain About the legal framework treaties which sign by various countries during this period like outer space treaty ,moon agreement sign in 1979 etc. The research process entails gathering secondary material from a variety of internet sites, such as articles, research papers, essays, and books. To obtain relevant information, authoritative legal platforms such as Legal Nexis, Hein Online, and Oxford Press were consulted.
The Central of this research paper is to explain the concept of space exploration, and asteroid mining and give brief information about the what are legal framework are sign for that space exploration activities.
This research study contributes to a comprehensive understanding of the junction of law and legal framework of space exploration by combining a number of sources and statistical insights. It informs readers on their interrelated nature and invites them to consider prospective areas for progress and improvement in space laws and legal framework related to space exploration .
Review of Literature– To write this research paper I have to under the provision of space laws, treaties, and agreements signed by the different countries Also I have to understand the concept of Asteroid mining and the Lunar colonization program. I have referred to several Articles related to space exploration, Asteroid mining, and Lunar colonization programs. This research paper provides a comparative study of the legal framework for the space exploration program and a detailed analysis about the Asteroid mining and Lunar colonization.
It is critical to emphasize that the sources used in this study are mostly secondary in nature. They were derived from study publications that were cited by numerous researchers. This research study aims to provide a complete understanding of the emerging link of the legal framework of space exploration by combining insights from these various sources. The study attempts to shed light on the growing outlines of this interdisciplinary sector while critically examining the legal validity of space laws.
METHOD-
The method of this research paper is informative, descriptive, comparative, and analytical.
Legal framework for space exploration
There is a committee on peaceful uses of the outer space forum for the development of laws that are related to space. The committee has concluded five international treaties and five sets of principles that basically deal with space-related issues.
The five treaties deal with issues such as Arms control, the freedom to explore, responsibility 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 research and the exploitation of natural resources in space, and the resolution of disputes are all issues that must be addressed.
Each treaty will focus on the enhancing the benefit of all countries. There is no contravention between the countries due to these treaties basically focus on mutual benefit and balancing well being of each country. These treaties will focus on promoting international peace and cooperation.
Outer space treaty– The United Nations General Assembly approved the “Outer Space Treaty,” which was officially known as the “Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies,” on January 27, 1967. On October 10, 1967, it became law. The convention, which establishes a set of guidelines and norms for the use and exploration of space, is a key piece of international space law.
the exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind;
outer space shall be free for exploration and use by all States;
outer space is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means;
States shall not place nuclear weapons or other weapons of mass destruction in orbit or on celestial bodies or station them in outer space in any other manner;
the Moon and other celestial bodies shall be used exclusively for peaceful purposes;
astronauts shall be regarded as the envoys of mankind;
States shall be responsible for national space activities whether carried out by governmental or non-governmental entities;
States shall be liable for damage caused by their space objects; and
States shall avoid harmful contamination of space and celestial bodies.
Rescue Agreement- The UN General assembly adopted the Rescue Agreement on 19 December 1967 by resolution 2345. The Agreement became available for signature on April 22, 1968, and it became effective on December 3, 1968. As of January 2022, the Rescue Agreement had been ratified by 98 States, signed by 23, and accepted by three international intergovernmental organizations (the European Space Agency, the Intersputnik International Organization of Space Communications, and the European Organisation for the Exploitation of Meteorological Satellites).
The agreement on the rescue of the Astronaut, the return of the Astronaut, and the return of the object from outer space also called as Rescue Agreement is an international agreement that sets forth rights and duties for the state.
Moon Agreement-Moon Agreement signed in year 1979 by the initiative of the Soviet Union. On 5 December 1979, the UN General Assembly adopted the Agreement in resolution 34/68. The Outer Space Treaty’s demilitarization of the Moon and other celestial bodies was confirmed by the Moon Agreement, which is an addition to the treaty. The Agreement forbids any further hostile action or threat of hostile action, including the use of force, on the Moon, which is only used for peaceful purposes. It is forbidden to utilize the Moon to threaten or commit any hostile acts against the Earth, the Moon, ships, their crews, or artificially created space objects.
Space Liability Convention- The space liability convention is a treaty signed in the year 1972 that applied rules related to Liability rules created in the Outer Space Treaty of 1967. In 1978 soviet union powered the Kosmos 954 crash in Canadian territory. From 1963 through 1972, the Legal Subcommittee debated and drafted the Liability Convention. The General Assembly approved the agreement in 1971 (resolution 2777 (XXVI)), and the Convention became effective in September 1972. A launching State shall be totally liable to pay compensation for harm caused by its space objects on the surface of the Earth or to aircraft, and accountable for damage due to its flaws in space, according to the Liability Convention, which expands on Article 7 of the Outer Space Treaty. The Convention also outlines processes for the resolution of damage claims.
National Space Law-
Article VI of the Outer Space Treaty prescribes as follows:
a-The Law of 15 December 2020 on Space Activities, and
b-The Law of 2017 on the Exploration and Use of Space Resources.
c-The Law of 1991 on Electronic Media, as modified,
The legal foundation for space activities needs to adapt to new technologies and business model diversity. A draft comprehensive law addressing space activity authorisation and oversight has been in the works by the government since 2018.
The Law of 15 December 2020 on Space Activities was approved by the Chamber of Deputies on December 10, 2020. This new law, which will go into effect on January 1 2021, would significantly improve the Luxembourgian legal framework for space activity authorization and monitoring. It will further enable the expansion and diversification of activities carried out by space participants in Luxembourg, particularly those from the commercial sector.
Applicable of Space laws in India-
The commencement of space exploration law and rapid advancement created a highlight for Another law that is called the Space law. Space law is the body of law that has assisted in regulating operations in outer space connected to the favourable as well as unfavourable impacts resulting from human activity. Space law is a distinct area of law that regulates actions pertaining to space, including both international and domestic agreements. Space law is a corpus of law that establishes guidelines and standards for how people should conduct themselves. Space law’s primary areas of interest are space exploration, accountability for damage, the use of weapons, efforts to save people, environmental protection, emerging technologies, and immoral behaviour.
The government has made a major investment in centralizing the Indian space sector. The Prime Minister’s Office (PMO) directly oversees and controls the nation’s space industry, which has come under intense scrutiny and control [4]. This total monopoly over the Indian space industry is very young. The ISRO has achieved significant advancements in space technology and established India as a major spacefaring country and powerhouse. But by offering launch services, nations like the United States, Russia, China, and France have privatized their space markets, generating exponential returns. The controlled to open shift in the Indian space market is now taking place.
Suggestions-
After conducting wholesome research on this topic Space exploration, Asteroid mining and lunar colonization we can say that law which are exist related to this topic will not cover all the issues related to Space laws.
The Search for Extraterrestrial Life:
Discuss the various methods and missions dedicated to searching for signs of life on other planets, moons, and celestial bodies.
Space Colonization and Human Settlements:
Examine the challenges and prospects of establishing human colonies on Mars or the Moon.
Discuss the technologies and infrastructure needed for long-term human survival in space.
The Role of Artificial Intelligence (AI) in Space Exploration:
Analyse how AI and machine learning are revolutionizing space exploration, from autonomous rovers to spacecraft navigation.
Conclusion
After a detailed Study of the legal framework of Space Exploration, Asteroid mining, etc we can say that according to all research today our legal framework regarding space laws is very weak we need revolution in this field. If we talk about various types of treaties and agreements we learn about in this research paper. In this research paper we talk about Outer Space treaty, rescue agreement, and Moon agreement which are inclusive in space exploration.
The rise in space debris was a big source of worry, according to numerous industry analysts. These fragments of abandoned human-made artifacts cause collisions in orbit. They move at lethal speeds, endangering humans, space stations, and satellites that have an impact on world trade, commercial endeavors, and military missions. They can be as big as a motorcycle or as small as a tool misplaced by an astronaut. Debris has been intentionally and unintentionally formed, and it will continue to grow as space is explored and used more frequently. Every collision, split apart, or fragmentation produces more debris.
Rapid corrective actions, legal or political rules, as well as individual, siloed solutions, cannot be used to address global issues. Global, long-term thinking and international cooperation are what the world needs.
REFERENCE
https://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties.html
https://www.wilsoncenter.org/article/global-legal-landscape-space-who-writes-rules-final-frontier
https://hir.harvard.edu/to-make-a-new-legal-framework-in-space-we-have-to-planet/
https://space-agency.public.lu/en/agency/legal-framework.html
https://www.spacefoundation.org/space_brief/international-space-law/
Arpit Tripathi
Babasaheb Ambedkar college of law,Nagpur