Outer Space Law: Outer Space Treaty, Liability and India

Within a few years of the first satellite, Sputnik, in 1957, states agreed that outer space should not be carved up like territory on Earth. The UN Committee on the Peaceful Uses of Outer Space (COPUOS), set up in 1959, produced five treaties that still form the core of space law. Today, private launches, satellite constellations, space debris and plans to mine celestial bodies are testing those rules. This note covers the treaties, current issues and India's framework.

1. The UN Space Treaties

The General Assembly adopted the Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space in 1963 (resolution 1962 (XVIII)), which led to the treaties. India is a party to the first four.

The five UN space treaties

Figure 1: The five UN space treaties

2. The Outer Space Treaty, 1967

Figure 2: Core principles

Province of all mankind. Exploration and use are to be carried out for the benefit and in the interests of all countries, irrespective of their degree of development.
Non-appropriation. Neither outer space nor the Moon nor other celestial bodies can be claimed by any state; whether this bars private ownership of extracted resources is debated.
Partial demilitarisation. Article IV bans nuclear weapons and other weapons of mass destruction in orbit and on celestial bodies, and military bases, weapons tests and manoeuvres on celestial bodies, but does not ban all military uses of space.
Astronauts. Are envoys of mankind, to be given all possible assistance (Article V; Rescue Agreement, 1968)
Private activities. Under Article VI, states are responsible for national activities whether carried out by governmental or non-governmental entities, and must authorise and supervise private actors; this is why states need national space laws.

3. Liability and Registration

Liability Convention, 1972

Figure 3: Liability Convention, 1972

Launching state. A state that launches or procures the launch of a space object, or from whose territory or facility it is launched; several launching states are jointly and severally liable.
Cosmos 954. In 1978, a Soviet nuclear powered satellite scattered radioactive debris over northern Canada; Canada claimed under the Liability Convention and general law, and the claim was settled in 1981 for C$3 million.
Registration Convention, 1975. The launching state enters the object in a national registry and informs the UN Secretary-General, who keeps a public register.
Moon Agreement, 1979. Declares the Moon and its resources the common heritage of mankind and envisages an international regime for exploitation; it has few parties, and none of the major space powers is bound.

4. Current Issues

Boundary with airspace. No treaty fixes where airspace ends; the Kármán line at about 100 km is commonly used.
Geostationary orbit. In the Bogotá Declaration, 1976, equatorial states claimed sovereignty over the segments above them, a claim rejected as contrary to Article II; the ITU allocates orbital slots and frequencies, with regard to equitable access.
Space debris. COPUOS adopted Space Debris Mitigation Guidelines in 2007 and Guidelines for the Long-term Sustainability of Outer Space Activities in 2019; destructive anti-satellite tests create debris, and India conducted one, Mission Shakti, in March 2019, in low orbit.
Space resources. The United States (2015) and Luxembourg (2017) passed laws allowing companies to own resources they extract; the US-led Artemis Accords (2020) set out principles for lunar exploration, and India signed them in June 2023.
Arms control. Proposals on the prevention of an arms race in outer space have been discussed at the Conference on Disarmament without agreement.

5. India's Space Framework

Milestones in India's space programme and policy

Figure 4: Milestones in India's space programme and policy

Institutions. The Department of Space and ISRO lead the programme; NewSpace India Limited is the commercial arm; the Indian National Space Promotion and Authorisation Centre (IN-SPACe), set up in 2020, authorises and promotes non-governmental space activities.
Indian Space Policy, 2023. Allows non-governmental entities to undertake end-to-end space activities, defines the roles of ISRO, IN-SPACe and NSIL, and shifts ISRO towards research and advanced technology.
No comprehensive statute. India has not yet enacted a space activities law; a draft bill was published in 2017; authorisation of private actors under Article VI is currently handled through IN-SPACe under the policy.
Chandrayaan-3. On 23 August 2023, India became the first country to land near the lunar south pole.

⚠ Exam trap

The Outer Space Treaty (1967) bars national appropriation (Article II), bans nuclear weapons and WMD in orbit and military bases on celestial bodies (Article IV), and makes states responsible for private activities (Article VI). The Liability Convention (1972) imposes absolute liability for damage on Earth or to aircraft, and fault liability in space; Cosmos 954 was settled in 1981. The Moon Agreement (1979) calls the Moon common heritage of mankind; India signed but has not ratified it. IN-SPACe authorises private space activities in India.

6. Frequently Asked Questions

Can a state claim sovereignty over the Moon?

No. Article II of the Outer Space Treaty forbids national appropriation of outer space, the Moon and other celestial bodies by claim of sovereignty, use, occupation or any other means.

Who is liable if a privately launched satellite causes damage?

The launching state. Under Article VI of the Outer Space Treaty and the Liability Convention, the state that launches, procures the launch, or provides the territory or facility bears international liability, which is why it must authorise and supervise private operators.

7. Related Topics

Topic 30: Air Law. The airspace below.
Topic 32: Antarctica and the Polar Regions. Another non-appropriation regime.
Topic 55: Disarmament and Nuclear Law. Weapons in space.