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HUMAN EXPLORATION AND SPACE DEBRIS AN EMERGING

THREAT TO SPACE TOURISM AND LIABILITIES ASSOCIATED

Authors: -
1 Dheeraj Kumar Tiwari
B.B.A.LL.B(Hons.) 4th Year
Siddhartha Law College, Dehradun (Uttarakhand)
Affiliated to uttarakhand Technical University (UTU)
Address:-Siddhartha Law College (boys Hostel) I.T.Park
sahashtradhara Road , Dehradun, PIN:-248001
Mob: +91-7579006367
Email: - advodheeraj@gmail.com
HUMAN EXPLORATION AND SPACE DEBRIS AN EMERGING THREAT TO SPACE
TOURISM AND LIABILITIES ASSOCIATED
Dheeraj Kumar Tiwari
Founder & Editor-in-chief (IJSARD)
Director, Research & Development, Legal Desire Media & publications
E-Mail: advodheeraj@gmail.com , Mobile 7579006367

Ad Astra per Aspera

With the advent of more than 500,000 pieces of Space Junk orbiting the earth at a speed of
17,500 mph it becomes essential to pre-determine the travel path and liabilities associated with
the International Space Station, exploration and tourism. The entrance of Private commercial
companies like Space X and Virgin Galatic in space exploration and commercial tourism has
made a significant change in the technologies of launch vehicles developing more powerful
engines that last for long but at what cost. Multidirectional scattered Human Activities on earth
and endless research have resulted in one of the biggest problem of the century commonly
known as Climate Change. Focusing on sustainable development tactics from the beginning of
exploration would have helped to curb the present scenarios. Space is vast and it thus becomes
the responsibility of the world leading agencies and major drivers of the field to from a uniform
legislation for space exploration and tourism which decides the liabilities and procedure for
execution of the law breached.
In 1996, a French satellite hit and damaged by debris from a French rocket that had exploded a
decade earlier. China's 2007 anti-satellite test, which used a missile to destroy an old weather
satellite, added more than 3,000 pieces to the debris problem. 10 th February, 2009, a defunct
Russian satellite collided and destroyed a functioning U.S. Iridium commercial satellite. 1 Recent
activities have shown that the need of establishing a liability driven exploration and use of
commercial space is essential to avoid the future malfunctions.
The exploration and development of space related activities for general public not at all a myth
now we already have transported 7 people to International Space Station by the advent of NASA
researching and development wing successfully working towards the zenith of space tourism.
Private entities like Virgin Galactic and Space X are the most ambitious project developing their
facilities for outer space tourism. The distance of 100 Km and a Travel for about 1 Hour includes
a cost of 23 billion dollars. Tickets are being sold by these private entities in the same.
A soon as these companies which are working with an ambitious goal of profit maximization and
efficient use of space resources are regulated lesser we see the conflicts in the future and thus
defining a space craft which is different from an aircraft becomes important and strict
interpretations is to be observed for such endurance.

1 Mark Garcia on Space Debris and Human Spacecraft published on July 28, 2016 available at
https://www.nasa.gov/mission_pages/station/news/orbital_debris.html
Definition of Aircraft Under different Countries
Saudi Arabian Law
Any machine that can derive support in the atmosphere from the reactions of
the air, other than the reactions of the air against the earths surface2
U.S. Aviation Laws
The term aircraft means a civil, military, or public contrivance invented, used,
or designed to navigate, fly, or travel in the air.3

Indian Aviation Laws


"aircraft" means any machine which can derive support in the atmosphere
from reactions of the air, a[other than reactions of the air against the earth's surface] and includes
balloons, whether fixed or free, airships, kites, gliders and flying machines;4

These acts worldwide have Recognized, Defined and established the associated liabilities
associated with the subject matter but no such advancement is made in the field of Space Law
making a void called Law Sub Silentio. The definitions that we come across in different laws
only indicate the use of air for thrust of flying activities.
U.S. Federal laws defined a Space Vehicles as:
Space vehicle
The term space vehicle means a man-made device, either manned or
unmanned, designed for operation beyond the Earths atmosphere.
Similar attempts have been made by different Countries in to regulate the fast growing industry
by way of making legislations and redeeming the concepts of LIABILITY and RIGHTS
associates with 4P model which directly or indirect effect the pockets of manufactures or the
government pertain to conduct such endurance and tourism.

2 Article 1 (13) of Civil Aviation Law assented by Royal Decree No. M/44,Rajab
1426H / 2010

3 U.S. Code,Title 18,Part I, Chapter 2, 3

4 THE AIRCRAFT ACT, 1934, Sec 2(1)


Public

Commerci
al
Passeng Activity Pilot
er
and
Governm
ent

Plane

The 4P Liability Model (Dheeraj Kumar Tiwari, advodheeraj@gmail.com, D.O.I Number 10.1063/1.1385363)

The intersectional point represents the amount of Liability of the Government and
Commercial Partners, he greater the participation the greater the liability.
Some of the Legislations by various countries are:
United States of America

United States Code, United States Code, Title 51 - National and Commercial Space
Programs

35 USC Chapter 10, Sect. 105, Inventions in outer space

Argentina

National Decree No. 995/91, Creation of the National Commission on Space Activities (28
May 1991)

National Decree No. 125/95, Establishment of the National Registry of Objects Launched
into Outer Space (25 July 1995)

Australia

Space Activities Act 1998 (No. 123, 1998) (as amended, taking into account amendments up
to Act No. 8 of 2010)

Space Activities Regulations 2001)

Austria
Authorization of Space Activities and the Estabishment of a National Space Registry
(Austrian Outer Space Act)

Belgium

Law on the Activities of Launching, Flight Operations or Guidance of Space Objects

Brazil

Law No. 8.854 of 10 February 1994, Law Establishing the Brazilian Space Agency

Canada

Canadian Space Agency Act

Canadian Aviation Regulations: sections 602.43 and 602.44

Civil International Space Station Agreement Implementation Act (S.C. 1999, c. 35)

Remote Sensing Space Systems Act (S.C. 2005, c. 45)

Remote Sensing Space Systems Regulations (SOR/2007-66)

Radio communication Act (R.S.C., 1985, c. R-2)

Chile

Supreme Decree No. 338: Establishment of a Presidential Advisory Committee known as the
Chilean Space Agency

China

China's Space Activities (White Paper of 2003)

France

Decree 62-153, Regulations Relating to the CNES

Law No. 61-1382, 20 December 1961 Statute of the Centre National d'Etudes Spatiales
(CNES)

Decree 89-508 & Decree 90-1102 , concerning the Space Committee


Germany

Law governing the transfer of responsibilities for space activities

Act to give Protection against the Security Risk to the Federal Republic of Germany by the
Dissemination of High-Grade Earth Remote Sensing Data

Law governing the transfer of administrative functions in the sector of outer space activities

Satellite Data Security Act - Terminology

Satellite Data Security Act

Japan

Law Concerning The National Space Development Agency Of Japan (Law No. 50 of June
23, 1969, as amended)

Kazakhstan

Law of the Republic of Kazakhstan on Space Activities (No.528-IV of 6 January 2012)

Netherlands

Rules Concerning Space Activities and the Establishment of a Registry of Space Objects
(Space Activities Act)

Decree of 13 November 2007, containing rules with regard to a registry of information


concerning space objects (Space Objects Registry Decree)

Order of the Minister of Economic Affairs dated 7 February 2008, no. WJZ 7119929,
containing rules governing licence applications for the performance of space activities and
the registration of space objects

Form for registration of space objects (Annex 1 by article 4 of the " Regeling aanvraag
vergunning ruimtevaartactiviteiten en registratie")

Order of the Minister of Economic Affairs dated 16 April 2010, no. WJZ/10020347,
containing amendments to rules governing licence applications for the performance of space
activities and the registration of space objects

Decree of 19 January 2015 expanding the scope of the Space Activities Act to include the
control of unguided satellites (Unguided Satellites Decree)

Order by the Minister of Economic Affairs of 26 June 2015, no. WJZ/15055654, amending
the Space Activities Licence Application and Registration Order, in connection with changes
to the application form
Norway

No. 38, 13 June 1969 , Act on Launching Objects from Norwegian Territory into Outer
Space

Republic of Korea

Space Development Promotion Act

Space Liability Act

Russian Federation

Decree 5663-1 About Space Activity

Presidential Edict No. 185, About structure of management of space activity in Russian
Federation (25 February 1992)

Russian Presidential Edict No 2005: "On the Organization of the Further Utilization of the
Baikonur Cosmodrome in the Interests of the Russian Federation's Space Activity

No 104 - Statute on Licensing Space Operations

Decree No 422, "On Measures to Fulfil the Russian Federal Space Program and
International Space Agreements"

Resolution No. 468, Regulations of the Russian Space Agency

Agreement between the Government of the Russian Federation and the Cabinet of
Ministers of Ukraine on Technology Safeguards Associated with Cooperation in the Field of
the Exploration and Use of Outer Space for Peaceful Purposes and in the Development and
Operation of Space Rocket and Rocket Equipment

South Africa

Statutes of the Republic of South Africa - Trade and Industry No.84 of 1993, Space Affairs
Act, 1993

Space Affairs Amendment Act,1995

No. 36 of 2008: South African National Space Agency Act, 2008.

No. 21 of 2007: Astronomy Geographic Advantage Act, 2007.

National Space Policy, 2008

Spain
ROYAL DECREE 278/1995, dated 24th February 1995, establishing in the Kingdom of
Spain of the Registry foreseen in the Convention adopted by the United Nations General
Assembly on 2nd November 1974

Sweden

Act on Space Activities (1982:963)

Decree on Space Activities (1982:1069)

Ukraine

Decree of the President of Ukraine on the establishment of the National Space Agency of
Ukraine (29 February 1992, No. 117)

Law of Ukraine of 15 November 1996: Ordinance of the Supreme Soviet of Ukraine on


Space Activity: Section I: General Provisions

Law of Ukraine of 15 November 1996: Ordinance of the Supreme Soviet of Ukraine on


Space Activity: Section II: Organization of Space Activity

Law of Ukraine of 15 November 1996: Ordinance of the Supreme Soviet of Ukraine on


Space Activity: Section III: General Requirements Imposed on Space Facilities

Law of Ukraine of 15 November 1996: Ordinance of the Supreme Soviet of Ukraine on


Space Activity: Section IV & Section V

Law of Ukraine of 15 November 1996: Ordinance of the Supreme Soviet of Ukraine on


Space Activity: Section VI & VII

Decree of the President of Ukraine on Regulations for the National Space Agency of
Ukraine (22 July 1997, No. 665/97)

Agreement between the Government of the Russian Federation and the Cabinet of
Ministers of Ukraine on Technology Safeguards Associated with Cooperation in the Field of
the Exploration and Use of Outer Space for Peaceful Purposes and in the Development and
Operation of Space Rocket and Rocket Equipment

United Kingdom of Great Britain and Northern Ireland

OUTER SPACE ACT (United Kingdom, 1986)


Space Junk
The waste which is left in the space is threat to the whole of the future activities. It not only
hinders the actives of the other countries but also the economic status of the country and sums up
to the total growth loss gained by such an unwanted activity.
Thus the need to reform the use of outer space orbital becomes important and formation of an
International Liability Executive is must.
India at space age
India claims to be the most efficient country to build and launch an indigenous satellite with its
own launch vehicles. The development of cheap assembly lines and technologies that can last
long and are self-decomposable India embarks the growth in the fields of commercial activities
relates to space more rapidly than any else. ISRO is among the major drives of the new
technology in the fields. Without any strong legislation to support and protect such good efforts
India is very likely to lose its growth and find ways of alterations same as that of NASA which
ultimately had to turn to private players for better optimized results. The new Space legislations
if formed will direct the countries path to horizons beyond starts.
Conclusion
Human mankind and exploration the use of space technology have helped the human in more
and more advancement but the other fact is at what cost. The use of Sustainable space areas or
those black horizons can lead us to a better future but neglecting it as we did in the 18th century
which caused the industrial revolution but now resulting in climate change as one of its major
drawbacks. Activities must be monitored and administered so that its improper use and be
prevented.
Quickly solving the problem of rectification, exploration and advent of private commercial
players in the industry. Establishing an equilibrium of cause and relationship with the help of
research and development learning the lessons from the past impacting the present and futuristic
scope of space tourism and exploration in the internationally established arena of global uniform
legislation for effective and efficient sustenance of world we live in and worlds we are exploring
for infinite desires will lead us to horizons.