Outer space needs a regulatory clean-up

Subject : Science and technology

Section: Space technology

Concept :

The recently announced Indian Space Policy, 2023 is bound to revolutionise the space sector. The policy redefines the role of primary government agency, ISRO, and opens the sector for private entities. These developments are signs of the global shift from solely government-directed space sector to one shared by privately funded space activities.
Given the extra-sovereign nature of space, international treaties largely provide the legal framework concerning space activiti Unfortunately, the five key multilateral international space treaties are still stuck in a time capsule from the Cold War era.
Higher the traffic flow and greater debris on the path, the bigger the likelihood of accidents. And where there is an accident, someone needs to be held responsible and pay compensation.
Despite the global space sector increasingly getting privatised, the current international law solely governs and holds the signatory states liable for any mishap.

Kosmos-Iridium collision

Let’s consider the example of the collision between a defunct Russian military satellite, Kosmos 2252, and an operational commercial American satellite, Iridium 33, in 2009.
The relevant treaty here is the Convention on International Liability for Damage Caused by Space Objects, 1971.
The Convention attaches liability on ‘launching states’ (and not the private sector) for the payment of compensation for damage to the earth or other space objects from space activities.
It defines the launching state to be: (1) one which launches a space object; (2) which procures the launching of a space object; (3) whose territory has been used for a launch; and (4) from whose facility a space object is launched.

Challenges

This demonstrates how the definition of a ‘launching state’ is incompatible with the realities of modern space operations. The fact that most commercial space operators are multinational corporations further exacerbates the problem.
Secondly, the Convention lacks a binding framework for liability procedures, such as debris mitigation measures, pre-flight tests, monitoring own space debris, timely intimation to affected parties of possible collision, etc.
If such frameworks are left to individual nations, the consequent variation in national space legislation could result in the growth of ‘space-havens’ akin to ‘tax-havens.’

Indian Space Policy – April DPN