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Legal Liabilities of State in Outer Space: Indian Perspective

Book Title: Legal and Policy Regime of Outer Space and Global Governance

Editor:  Dr. Ananya Rahul Bibave

ISBN:  978-81-979197-2-5

Chapter: 6

DOI: https://doi.org/10.59646/lpc6/257

Author: Mrs. Nandini Shahasane, PhD Research Scholar, PES Modern Law College, Pune, Maharashtra, India.

Abstract

This paper presents holistic overview of International Space Treaty and analysis of Indian legal scenario with the help of case studies. As more and more countries including India are exploring in to space programmes, the need for definite legal framework governing rights and liabilities of States and non-government agencies towards activities in outer space has emerged like never before. Main international document is the ‘Outer Space Treaty’ that provides legal provisions governing extraterrestrial activities of the State. The States’ obligations and their liability for damages are defined under this document.[i] ‘Article VI’ lays down responsibility of the State for the ‘Outer space activities’. Current international law does not cover law related aspects like property rights and liabilities associated with outer space activities. In India, despite of being space explorer for so many years and being member to various space treaties, India does not have its own space law. Indian Space Research Organisation (ISRO) controls the space endeavours in India and the Space Activities Bill still awaits the approvals.  Recently, India has launched Mars and Moon space missions, the need for legal regime for space laws is quite evident. The article elaborates on emerging challenges on legalities of liabilities of state in outer space at international and national level. It shall deal with the legal framework and related limitations in its enforceability. This research paper explores International and Indian legal frameworks on liability issues related to the extraterrestrial activities.

Keywords: Outer space, Convention, Treaty, Liability, India

References

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