International Space Treaties & Laws | Science & Technology for UPSC CSE PDF Download

International Space Law governs how countries, organizations, and private companies behave in outer space to ensure peace, cooperation, and safety. It is crucial for UPSC as it relates to international relations, science and technology, and global governance. The key frameworks are the Outer Space Treaty (1967), Moon Agreement (1979), Liability Convention (1972), and Artemis Accords (2020). This note explains each in detail, their significance, challenges, and connections, with recent developments under one section.

Outer Space Treaty (1967)

What is it?

• Full Name: Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies.
• Signed: January 27, 1967, by the USA, USSR, and UK; effective from October 10, 1967.
• Purpose: Acts as the “Constitution of Space Law,” setting basic rules for peaceful space exploration and use.
• Status: Over 110 countries have signed and ratified it as of 2025, including India.

Key Rules

• Free Access: All countries can explore and use space freely, without discrimination.
• No Ownership: No country can claim ownership of space, the Moon, or other celestial bodies (e.g., no flags to claim territory).
• Peaceful Use: Space and celestial bodies must be used for peaceful purposes; no nuclear weapons or weapons of mass destruction allowed in space.
• State Responsibility: Countries are responsible for their space activities, including private companies under their jurisdiction.
• No Harm: Avoid harmful contamination of space (e.g., pollution) and respect other countries’ activities.
• Liability: Countries are liable for damage caused by their space objects (expanded in the Liability Convention).

Why it Matters

• Prevents space from becoming a warzone or a territory grab.
• Ensures space is a global commons for all nations.
• Applies to private companies (e.g., SpaceX) through state oversight.
• Forms the basis for other space treaties.

Historical Background

• Created during the Cold War to reduce tensions between the USA and USSR during the space race (e.g., after Sputnik and Apollo missions).
• Negotiated under the United Nations (UN) Committee on the Peaceful Uses of Outer Space (COPUOS).

Challenges

• Vague Terms: Words like “peaceful purposes” and “harmful contamination” are not clearly defined, causing disputes.
• No Enforcement: No global police to enforce rules; relies on countries’ goodwill.
• New Issues: Doesn’t address modern challenges like space mining, debris, or private companies directly.
• Militarization: Anti-satellite (ASAT) tests (e.g., by China, India) raise questions about compliance.

Examples

• ASAT Tests: India’s 2019 Mission Shakti tested an anti-satellite weapon, creating debris and sparking debates about “peaceful use.”
• Private Companies: India’s ISRO and private firms like Skyroot Aerospace operate under India’s responsibility per the treaty.

Moon Agreement (1979)

What is it?

• Full Name: Agreement Governing the Activities of States on the Moon and Other Celestial Bodies.
• Adopted: 1979 by the UN General Assembly; effective from July 11, 1984.
• Purpose: Builds on the Outer Space Treaty to set specific rules for activities on the Moon and other celestial bodies.
• Status: Only 18 countries are parties as of 2025 (e.g., Australia, Mexico); major space powers like the USA, Russia, China, and India are not signatories.

Key Rules

• Common Heritage: The Moon and its resources (e.g., water, minerals) belong to all humanity, not one country or company.
• Peaceful Use: No military activities allowed on the Moon.
• Environmental Protection: Protect the Moon’s environment and avoid harmful contamination.
• International Regime: Calls for a future global system to manage lunar resource extraction (not yet created).
• Data Sharing: Countries must share scientific data from lunar missions.

Why it Matters

• Promotes fairness by ensuring lunar resources benefit all countries.
• Protects the Moon’s environment for future exploration.
• Encourages global cooperation in lunar missions.

Historical Background

• Created after Apollo missions showed lunar exploration was possible.
• Aimed to prevent rich nations from monopolizing lunar resources.
• Faced opposition due to the “common heritage” idea, seen as limiting commercial profits.

Challenges

• Low Support: Few countries signed due to disagreements over resource ownership.
• Not Practical: Major space nations (USA, China, India) avoid it, reducing its impact.
• Conflicts with Modern Plans: Clashes with commercial lunar mining and frameworks like the Artemis Accords.
• No Regime: The proposed international system for resources hasn’t been set up.

Comparison

• Outer Space Treaty: Moon Agreement adds the “common heritage” principle and focuses specifically on celestial bodies.
• Artemis Accords: Disagrees on resource use; Artemis allows commercial extraction, while the Moon Agreement restricts it.

Artemis Accords (2020)

What is it?

• Full Name: The Artemis Accords: Principles for Cooperation in the Civil Exploration and Use of the Moon, Mars, Comets, and Asteroids for Peaceful Purposes.
• Launched: 2020 by the USA under NASA’s Artemis program to return humans to the Moon.
• Purpose: A set of bilateral agreements to guide international cooperation for lunar and planetary exploration.
• Signatories: Over 40 countries as of 2025, including India, Japan, Canada, and Australia; Russia and China have not signed.

Key Principles

• Peaceful Use: Follows the Outer Space Treaty’s focus on peaceful exploration.
• Transparency: Countries must share mission plans and scientific data.
• Interoperability: Use compatible systems for joint missions (e.g., same technology standards).
• Heritage Protection: Preserve historic sites like Apollo landing sites.
• Resource Use: Supports extracting and using lunar resources (e.g., water ice for fuel).
• Safety Zones: Create areas around lunar operations to avoid interference.
• Debris Control: Promote responsible management of space debris.

Why it Matters

• Enables international partnerships for NASA’s Artemis program (e.g., lunar bases, Gateway station).
• Supports private companies in lunar activities like mining.
• Sets modern norms for space exploration beyond older UN treaties.

Historical Background

• Launched to support the Artemis program’s goal of landing humans on the Moon by 2026.
• Developed outside the UN to speed up cooperation among like-minded nations.
• Reflects the USA’s leadership in shaping new space rules.

Challenges

• Geopolitical Issues: Russia and China criticize it as US-centric and bypassing UN frameworks.
• Resource Debate: Conflicts with the Moon Agreement’s “common heritage” principle.
• Safety Zones: Some see these as a way to claim territory, violating the Outer Space Treaty.
• Exclusion: Non-signatories may be left out of Artemis-related missions.

India’s Role

• India signed the Artemis Accords in 2023, aligning with the USA for lunar exploration.
• Supports India’s Chandrayaan missions and potential collaboration on lunar bases.

Liability Convention (1972)

What is it?

• Full Name: Convention on International Liability for Damage Caused by Space Objects.
• Adopted: 1972 by the UN General Assembly; effective from September 1, 1972.
• Purpose: Sets rules for who pays for damage caused by space objects (e.g., satellites, debris).
• Status: Over 90 countries are parties, including India.

Key Rules

• Absolute Liability: Countries are fully responsible for damage caused by their space objects on Earth or to aircraft (no need to prove fault).
• Fault-Based Liability: For damage in space (e.g., satellite collisions), the country at fault is liable.
• Joint Liability: If multiple countries launch a space object, all are responsible for damages.
• Claims Process: Damages are settled through diplomatic talks; a Claims Commission can be formed if needed.

Why it Matters

• Protects countries and people from harm caused by space activities.
• Holds countries accountable for their satellites, rockets, and debris.
• Applies to private companies through state responsibility.

Historical Background

• Created to address risks from early space missions (e.g., falling satellites).
• Builds on Article VII of the Outer Space Treaty.

Challenges

• Proving Fault: Hard to determine who caused damage in space (e.g., collisions).
• Space Debris: Growing debris (over 36,000 objects tracked in 2025) complicates liability.
• Private Companies: Countries are liable for private firms, creating legal complexities.
• Slow Process: Diplomatic claims can take years to resolve.

Examples

• Cosmos 954 (1978): Soviet satellite crashed in Canada, spreading radioactive debris; Canada claimed damages under the Convention.
• Iridium-Cosmos Collision (2009): Satellite crash showed challenges in proving fault and managing debris.

Cross-Cutting Themes

Shared Principles

• No Ownership: Outer Space Treaty and Moon Agreement prevent claiming space or celestial bodies.
• Peaceful Use: All frameworks promote peace, though ASAT tests challenge this.
• Cooperation: Encourage global partnerships, but Artemis Accords favor bilateral deals.
• Environment: Protect space and celestial bodies from pollution or harm.

Gaps and Issues

• Resource Ownership: Outer Space Treaty and Moon Agreement restrict it; Artemis Accords allow it, causing conflicts.
• No Enforcement: Treaties lack a global authority to enforce rules.
• Space Debris: Growing debris from satellites and rockets isn’t fully addressed.
• Militarization: Ambiguities allow military activities like ASAT tests.

Commercial Space

• Private Companies: Outer Space Treaty and Liability Convention make states responsible for private firms (e.g., India for Skyroot).
• Space Mining: Artemis Accords support mining; Moon Agreement restricts it.
• Mega-Constellations: Projects like Starlink increase debris and liability risks.

Geopolitical Issues

• Major Powers: USA, China, Russia, India, and EU shape space law through their policies.
• Artemis vs. UN: US-led Accords challenge UN treaties, creating a divide with China and Russia.
• India’s Role: India balances UN commitments with Artemis Accords participation.

Emerging Challenges

• Space Mining: Legal clarity needed for lunar water or asteroid minerals.
• Debris: Over 36,000 tracked objects in orbit need better rules.
• Space Tourism: Companies like Blue Origin raise new liability and safety issues.
• Weaponization: ASAT tests and potential space weapons threaten peace.

Recent Developments

• Artemis Accords Expansion: More countries (e.g., Singapore, Thailand) signed the Accords in 2024-25, increasing its global reach to over 40 nations. India’s participation strengthens its lunar ambitions.
• Chandrayaan-3 Success (2023): India’s lunar landing raised questions about lunar resource governance under the Moon Agreement and Artemis Accords.
• Space Debris Incidents: Recent satellite collisions (e.g., 2024 debris events) highlighted the need for stronger Liability Convention enforcement and debris rules.
• China’s Lunar Plans: China’s Chang’e-8 mission (planned for 2028) aims for lunar resource use, challenging Artemis Accords’ framework.
• ASAT Test Concerns: Russia’s 2024 ASAT test created debris, raising Outer Space Treaty compliance issues.
• Private Sector Growth: Indian startups like Skyroot and Agnikul Cosmos plan satellite launches, increasing India’s liability under the Liability Convention.
• UN Discussions: COPUOS meetings in 2024-25 pushed for new debris mitigation guidelines and resource governance talks, reflecting tensions between UN treaties and Artemis Accords.