UNDERSTANDING PRINCIPLES GOVERNING SPACE LAW

AUTHOR: Kanishka Choudhary, Student at Rajasthan School of Law for women

Best Citation – Kanishka Choudhary, UNDERSTANDING PRINCIPLES GOVERNING SPACE LAW, INTERNATIONAL JOURNAL ON SPACE LAW AND POLICY, 1 (1) of 2023, Pg. 14-20, ISBN – 978-81-960677-1-7.

ABSTRACT

Though international space law is frequently described as lacking in detail, the general nature of the provisions of the existing UN space treaties is such that they cover all activities by public and private entities that can be classified as exploration or use. The absence of detailed rules governing every conceivable space activity should not be interpreted as implying that there are forms of exploration or use of outer space that are exempt from the application of the fundamental principles of international space law. This realisation is critical in understanding the current impasse in international space law-making. The UN space law regime is distinguished by principles of global cooperation and inclusion, but it only grants individual States enforceable rights of protected use. that are legally capable of implementing all states’ equal freedom to engage in spacefaring activities (Arts. I, II and IX OST). In this context, it is understandable that technologically advanced States are directing their space law-making efforts towards a national interpretation of existing principles that advances their own interests rather than engaging in protracted multilateral negotiation processes that risk upsetting the basic balance of the existing space law regime that benefits them in the first place. As a result, we are seeing a clear regulatory shift in space lawmaking from the international to the national levels. This shift is marked by an increasing body of practise by a small number of States in the application of space law principles that were specifically adopted. with the goal of ensuring that all states have equal access to an inclusive environment for equal use and exploration. The current article examines how a small number of states’ selective application of these universal principles may affect their interpretation.

KEY WORDS: space law,  space faring activities, Space Law Treaties and Principles