27/08/2020 - S & T

KEY POINTS

Space could prove attractive for high-tech manufacturing too. In short, an exciting new platform is opening up for entrepreneurs. However, what is technologically feasible is not easily achievable. The challenges to fulfilling the potential of space are many.

Challenges in fulfilling potential

·         As outer space becomes democratised, commercialised and crowded, the multilateral framework for its governance is becoming obsolescent.

·         The Outer Space Treaty of 1967 enshrines the idea that space should be “the province of all mankind” and “not subject to national appropriation by claims of sovereignty”. The Rescue Agreement, Space Liability Convention, and the Space Registration Convention expanded provisions of the Outer Space Treaty.

·         The Moon Treaty of 1979 was not ratified by major space-faring nations. Space law does not have a dispute settlement mechanism, is silent on collisions and debris, and offers insufficient guidance on interference with others’ space assets.

·         The legal framework is state-centric, placing responsibility on states alone. However, non-state entities are now in the fray for commercial space exploration and utilisation. Some states are providing frameworks for resource recovery through private enterprises based on the notion that this is not expressly forbidden for non-state actors.

·         The lack of alignment of domestic and international normative frameworks risks a damaging free-for-all competition for celestial resources involving actors outside the space framework.

·         So investment in technologies that can disrupt or destroy space-based capabilities is under way. The space arms race is difficult to curb, especially since almost all space technologies have military applications. For example, satellite constellations are commercial but governments could acquire their data to monitor military movements.

Need for a space legislation

·         Our space assets are crucial for India’s development. India’s future plans are ambitious. These include a landing on the Moon; the first Indian solar observatory; the first crewed orbital spaceflight mission; and installation of a modular space station in 2030.

·         The proposed involvement of private players and the creation of an autonomous body IN-SPACe (Indian National Space Promotion and Authorisation Centre) under the Department of Space for permitting and regulating activities of the private sector are welcome efforts.

·         However, the space environment that India faces requires us to go beyond meeting technical milestones. We need a space legislation enabling coherence across technical, legal, commercial, diplomatic and defence goals. Our space vision also needs to address global governance, regulatory and arms control issues.

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