International Space Law

Introduction
Space law is a very new field of law with a brief history. Following relevant technological
breakthroughs after the conclusion of WWII, the topic of space law began in the 1950s. The
German army invented a long-range liquid fuel rocket, which paved the way for space
exploration. The German V-2 rocket, completed in 1942, was the first artificial satellite and
was capable of flying outside the Earth's atmosphere. The succeeding Cold War, in the form
of an arms competition between the Soviet Union and the United States, pushed space
technology ahead. The Soviet Union grabbed the lead in the race on October 4, 1957, when
Sputnik-I, the first man-made satellite, was successfully launched into orbit in outer space.
The necessity for a legal structure controlling outer space became obvious after the launch
of Sputnik. President Eisenhower's suggestion for an Open Skies Policy, allowing the US
and the Soviet Union to monitor each other's territory to avoid a surprise assault, was the
first formal move toward legitimising remote sensing for reconnaissance purposes.
International Space Law
International space law is a byproduct of the Scientific and Technological Revolution's
Space Age. It was formed in a very short period of time, in contrast to most other fields of
international law. Rather than customary law, which is created over a lengthy period of
general state practise, space law was formulated by instantaneous custom. Indeed, just ten
years after the launch of Sputnik, the first treaty law of outer space was established in 1967,
and in less than thirty years, a collection of international space laws, comprising five
conventions and three principles, has emerged. In truth, space law has occasionally
overtaken technological advancements. The legislation governing the Moon and other
celestial bodies, for example, was enacted in 1979, when most governments had no access to
them.
In the absence of an exclusive source of law, general principles of law fill the gap between
international legal standards and international custom.
The general regime of space law, the legislation controlling particular space applications,
and declarations are the three parts of the international space law framework. The first
component is the corpus juris spatialis, which is a body of treaty law negotiated between
governments inside the United Nations framework: the Treaty on the Principles Governing
States' Activities in Outer Space, Including the Moon and Other Celestial Bodies; The
legislation governing satellite uses is the second component: the Direct Broadcasting
Principles of 1982, the Principles of Remote Sensing of 1986, and the Nuclear Power
Source Principles of 1992.
Toward Formulation of Rules Governing Outer Space

As previously stated, the context for the construction of a space law regime was extremely
political, with the US and the Soviet Union vying for national supremacy in space
exploration. As a result, the outer space legal framework is essentially the outcome of
compromise and discussion over these early space powers' positions. Following the launch
of Sputnik-1, the development of the Outer Space Treaty began. The UN COPUOS was
founded as a permanent United Nations committee two years after the launch of Sputnik,
with the mission of negotiating a legal framework for space activity. Resolutions 1721A
(XVI) of December 20, 1961, and 1962 (XVIII) of December 13, 1963, issued by the United
Nations General Assembly after Resolution 1958 approving the founding of the UN
COPUOS, constituted the cornerstone of space law.
Outer Space Treaty
It's critical to know what the Outer Space Treaty stipulates and how it fits into international
law. The type of space operations, the subjects performing space activities, and the
applicability of other international law to the Outer Space Treaty all fall under the scope of
the Outer Space Treaty.
Space activities may be divided into three categories: scientific, military, and commercial.
Article I of the Outer Space Treaty states that "there shall be freedom of scientific
investigation in outer space," hence scientific activities are surely included in the Outer
Space Treaty's definition of space activities. Various scientific programmes, such as
planetary exploration and other Earth-focused scientific investigations, have been widely
done and are still being planned in compliance with the Outer Space Treaty. The question of
whether the Outer Space Treaty extends to military and commercial activity emerges.
Military activities are not straightforward. The Outer Space Treaty has established two
distinct regimes applicable to different parts of outer space – outer space in general and
celestial bodies in particular, including the Moon.
Satellites for remote sensing can be used for both purposes (e.g., both military
reconnaissance and civilian remote sensing). The Outer Space Treaty makes no mention of
commercial operations. It wasn't that such operations were meant to be prohibited; rather,
because space activities were still mostly state-led and limited to a few space powers in
1967, large commercial activities were simply not anticipated. Although INTELSAT was
founded in the early 1960s, transferring military technology to civil and commercial
applications such as reconnaissance via civil remote sensing satellites or the use of
navigation systems for public use was unthinkable.
The Outer Space Treaty's applicability to commercial activities is not in question, but there
are gaps and discrepancies between the provisions of a treaty intended primarily for state-
based space activities and the current situation, which includes remote sensing from space
that is increasingly conducted by non-state based operations, posing critical issues that are
not adequately addressed under the current regime.
National laws frequently include a licence scheme for undertaking space activities in general
and launching operations in particular; others specifically address remote sensing.
Major Earth-related actions, such as sending a space object into orbit, GNSS, and remote
sensing of the Earth from space, have a direct and particular impact on the relationships
between/among governments on the planet. Such operations are governed by international
law and require more strict laws.
Overview of the Regime Governing Use and Exploration of Outer Space

1. The Freedom of Outer Space
Remote sensing, navigation, and telecommunications applications illustrate the unrestricted
use of space by operating in specific orbits. Similarly, satellite remote sensing promotes the
free use of space since, unlike aerial remote sensing, it allows nations to obtain information
without infringing on territorial sovereignty.
Although it is possible to argue that the right to conduct space activities also establishes the
legality of sensing from space, the Outer Space Treaty does not specify the conditions under
which states are free to conduct remote sensing from space; thus, the freedom of space
established by Article I of the Outer Space Treaty cannot be used to replace a concrete code
of conduct for remote sensing activities.
2. The Principle of Cooperation and Mutual Assistance
The advice to exchange information on space operations has significant consequences for
remote sensing activities, because the phrase "result of space activities" implies that data and
information obtained from satellite remote sensing is included. When applied to remote
sensing, 'informing' is an active responsibility that might become an automatic requirement to
reveal whenever fresh remote sensing data is collected.
In fact, it appears that governments are not obligated to share all remote sensing data and
information; otherwise, the existence of multilateral data exchange norms would be difficult
to explain.
In contrast to multilateral treaties creating international institutions, collaboration in the field

of satellite remote sensing is usually found in voluntary forms of cooperation, such as
exchange of letters and memorandums of understanding. The development of remote sensing
satellites, as well as the acquisition and processing of data from satellites, have benefited
greatly from collaboration.
3. Liability for Damage Caused by Space Objects
Liability refers to the legal ramifications of a specific action or omission that causes damage,
i.e., a loss or harm to a person or property. The 1972 Liability Convention establishes a civil
remedy for a state whose launch or operation of a spacecraft in orbit causes damage to
another state. The Convention established a victim-centered international compensation
framework for harm caused by launch operations that ensures optimum protection for
prospective victims. The Accountability Convention sets the fundamental principles
governing international liability for harm caused by space objects, allowing for satisfactory
resolution of various scenarios arising from such mishaps. Overall, the Liability Convention
adequately anticipates various situations and defines what protections are available to
prospective victims in various scenarios.
The meaning of 'harm caused by its space object' is likely the most important issue in
applying the Liability Convention to satellite remote sensing. Because 'damage' defines a
location where harm is occurred, it is reasonable to assume that it relates to physical impact.
As a result, the Liability Convention is unlikely to cover collateral damage resulting from
remote sensing.
4. Registration of Space Objects
As previously said, determining a launching state is an important first step in resolving

international disputes over space object damage. However, when business configurations get
more complicated, assigning responsibility to a particular state may become more difficult. In
this aspect, a single state's registration of a space object serves an important purpose in
identifying a single state that is formally in control of the item. The 1975 Registration
Convention elaborates a control mechanism for a launched space object in accordance with
Article VIII of the Outer Space Treaty, which specifies that a state that registers a launched
space object retains jurisdiction and authority over that item. According to Article II of the
Registration Convention, the space object is registered by a single launching state, and if
there are several launching states, they must jointly decide which one registers the space
object.
In the case of satellite remote sensing, it's especially necessary to determine the scope of
control, such as control over data distribution from the satellite and if control extends to
possible data destruction.
Specific Law For Drafting Remote Sensing
The corpus of legislation dealing especially with remote sensing was approved by agreement
in the form of a UN General Assembly Resolution in 1986, as briefly mentioned. The UN
Remote Sensing Principles, according to Christol, gave formal approval for states to engage
in information gathering activities from space as international customary law,142 that is,
practises and beliefs that are so important and intrinsic to a social and economic system that
they are treated as laws. Indeed, the UN Remote Sensing Principles re-establish the validity
of data gathering from space, which was previously an established practise inferred under the
Outer Space Treaty, while also setting explicit regulations for data access and availability on
an international basis for the first time.
1. Drafting History of the UN Remote Sensing Principles
Following early discussions at the United Nations in the late 1960s to codify standards, it
took more than fifteen years for governments to agree on broad principles related remote
sensing in 1986.

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Introduction

Toward Formulation of Rules Governing Outer Space

Overview of the Regime Governing Use and Exploration of Outer Space

In contrast to multilateral treaties creating international institutions, collaboration in the field

3. Liability for Damage Caused by Space Objects

4. Registration of Space Objects

As previously said, determining a launching state is an important first step in resolving

Specific Law For Drafting Remote Sensing

1. Drafting History of the UN Remote Sensing Principles

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