OUTER SPACE GOVERNANCE

Armenia has become the 43rd signatory to NASA's Artemis Accords for lunar exploration.
About the Artemis Accords
• NASA established the organisation in 2020 in collaboration with the US Department of State and seven founding member nations (Australia, Canada, Italy, Japan, Luxembourg, UAE, and UK).
Based on the 1967 Outer Space Treaty and related agreements, such as the Registration Convention and Rescue and Return Agreement.
Objective: Establishes non-binding principles for peaceful exploration and use of space, including the moon, Mars, comets, and asteroids.
The aim is to foster peaceful, sustainable, and transparent space cooperation. India is also a signatory to this accord.

Existing Outer Space Governance Framework

1.UN Committee on the Peaceful Uses of Outer Space (COPUOS):

1. • Established in 1958 by the UN General Assembly
   • Purpose: To govern space exploration and use for the benefit of all humanity
   • Supported by the UN Office for Outer Space Affairs (UNOOSA)
2. Key International Space Treaties:

a) Outer Space Treaty (1967):

• • 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
  • This is considered the foundational treaty for international space law

b) Rescue Agreement (1968):

• • Focuses on the rescue and return of astronauts and space objects

c) Liability Convention (1972):

• • Deals with international liability for damage caused by space objects

d) Registration Convention (1976):

• • Requires states to maintain a registry of objects they launch into space

e) Moon Agreement (1979):

• • Governs activities on the Moon and other celestial bodies

3.India's participation:

• • India is a signatory to all five treaties
  • Has ratified four out of the five treaties
  • Has not ratified the Moon Agreement (1979)

This framework provides the basic legal structure for international space activities. It's worth noting that while these treaties form the backbone of space governance, the rapid advancement of space technology and increasing commercial space activities have led to discussions about updating or expanding this framework.

The fact that India has not ratified the Moon Agreement is not unusual. This agreement has the lowest number of ratifications among the five treaties, with many major spacefaring nations, including the United States, Russia, and China, also not having ratified it. The Moon Agreement's provisions on the exploitation of lunar resources have been a point of contention for many countries.

Artemis Accords

1.Founding and Signatories:

1. • Established in 2020 by NASA and the U.S. Department of State
   • Eight founding members: USA, Australia, Canada, Italy, Japan, Luxembourg, UAE, and UK
   • Additional signatories have joined since, including Ukraine, South Korea, France, and others
2. Purpose and Nature:
   • Non-binding set of principles for civil space exploration
   • Aims to establish a shared vision and practical guidelines for space exploration
   • Supports the Artemis Program and sustainable use of space
3. Legal Framework:
   • Reinforces key obligations from the 1967 Outer Space Treaty
   • Supports the Registration Convention and the Rescue and Return Agreement
   • Promotes best practices and responsible behavior in space
4. Key Principles:
   • Peaceful purposes
   • Transparency in space policies and plans
   • Commitment to assist personnel in distress in space
   • Preservation of outer space heritage
   • Utilization of space resources for the benefit of humankind
   • Commitment to mitigating orbital debris
5. Implementation:
   • Signatories agree to ensure entities acting on their behalf comply with the principles
   • Commitment to develop mutually agreed standards and practices
   • Retention of the right to communicate about their activities to the public

The Artemis Accords serve as a framework for international cooperation in space exploration, emphasizing peaceful use, transparency, and sustainability while building upon existing international space law.

Several critical issues in outer space governance

1. Space Debris: The proliferation of space debris is indeed a growing concern. With 130 million objects between 1 mm and 1 cm, as estimated by ESA, the risk of collisions and further debris generation is significant.

Potential solutions:

• Establish an international space debris monitoring and removal agency
• Develop and enforce regulations for satellite operators to implement de-orbiting mechanisms
• Invest in research and development of debris removal technologies

2. Space Resource Activities: The lack of an agreed international framework for space resource exploration and exploitation could lead to conflicts and unsustainable practices.

Potential solutions:

• Negotiate an international treaty on space resource utilization, similar to the Outer Space Treaty
• Create a regulatory body to oversee and license space mining activities
• Develop guidelines for sustainable and equitable resource extraction in space

3. Space Traffic Coordination: The current fragmented approach to space traffic management poses risks and challenges, especially for countries with limited space capabilities.

Potential solutions:

• Establish a global space traffic management system
• Standardize protocols and communication methods for space operations
• Provide technical assistance and capacity building for emerging space nations

4. Prevention of Conflict in Outer Space: The dual-use nature of many space technologies and the potential for weaponization of space are significant security concerns.

Potential solutions:

• Strengthen existing treaties like the Outer Space Treaty
• Negotiate new agreements specifically addressing space weapons and conflict prevention
• Enhance transparency and confidence-building measures among spacefaring nations

5. Increase in Satellite Launches: The rapid growth in satellite launches, averaging 30% annually as of 2020, poses challenges for space sustainability and traffic management.

Potential solutions:

• Implement stricter licensing requirements for satellite launches
• Encourage the development of smaller, more efficient satellites
• Promote the use of shared platforms and constellations to reduce the number of individual satellites

To address these challenges, a comprehensive approach involving international cooperation, new legal frameworks, and technological innovations will be necessary. Key steps could include:

1. Convening a global space governance conference to address these issues holistically
2. Establishing a new international organization dedicated to space sustainability and security
3. Investing in research and development of technologies for debris removal, sustainable resource extraction, and space traffic management
4. Developing capacity-building programs to ensure equitable access to space for all nations

These reforms would help ensure the sustainable and peaceful use of outer space for future generations while promoting scientific and economic development.

India can play a significant role in improving outer space governance.

1. Promoting Better Implementation of Existing Frameworks:
   • As a party to major international space agreements, India can serve as a role model by strictly adhering to these treaties and conventions.
   • India can leverage its experience and expertise to assist other developing countries in understanding and implementing international space agreements. This could involve:
     • Organizing workshops and training programs
     • Providing technical assistance
     • Sharing best practices in space law and policy implementation
2. Creating Space Domain Awareness (SDA):
   • India can contribute to fostering trust and cooperation among space-faring nations by:
     • Sharing data on space debris and potential collision risks
     • Participating in international SDA networks
     • Developing and sharing technologies for better tracking and monitoring of space objects
3. International Collaboration:
   • India's existing collaborations with countries like the United States, Russia, and France in areas such as satellite launches, technology exchanges, and joint research can be further strengthened and expanded.
   • These partnerships can serve as models for responsible space activities and promote knowledge sharing.

Additionally, India can contribute to outer space governance in several other ways:

4. Advocating for Sustainable Space Practices:
   • India can promote the adoption of guidelines for the long-term sustainability of outer space activities.
   • It can lead by example in implementing space debris mitigation measures.
5. Participating in International Forums:
   • India can actively engage in discussions at the UN Committee on the Peaceful Uses of Outer Space (COPUOS) and other international platforms to shape global space policies.
6. Promoting Inclusive Space Exploration:
   • India can advocate for more inclusive participation in space activities, especially for developing countries.
   • Its successful low-cost space missions can serve as inspiration and provide valuable lessons for other nations.
7. Addressing Emerging Challenges:
   • India can contribute to discussions and policy formulation on new challenges in space governance, such as:
     • Space traffic management
     • Commercial space activities
     • Use of space resources
8. Strengthening National Space Legislation:
   • By developing comprehensive national space laws aligned with international obligations, India can set an example for other countries.
9. Promoting Peaceful Uses of Outer Space:
   • India can continue to emphasize the importance of using space for peaceful purposes and scientific advancement, discouraging the weaponization of space.

Way Ahead

New treaty for peace and security: The UN recommends negotiating a new treaty to ensure peace, security, and prevent an arms race in outer space.

• Space debris removal: Develop norms and principles for removing space debris, considering both legal and scientific aspects.

• Space traffic management: Create an effective framework for coordinating space situational awareness, space object maneuvers, and space objects and events.

• Space resource activities: Develop a framework for sustainable exploration, exploitation, and utilization of the Moon and other celestial bodies. This framework should build upon existing UN space treaties and may include both binding and non-binding elements.

• Inclusiveness: Encourage Member States to facilitate the participation of commercial actors, civil society representatives, and other relevant stakeholders in outer space-related intergovernmental processes.