A Space Lawyer's Perspective

Introduction  This piece intends to analyze the recent USA's Executive Order on Use of Space Resources which according to me is an unilateral act and violative of USA's international obligations. Non-appropriation of outer space and outer space as global commons:  The international law on outer space started emerging as early as in 1957 when the first artificial satellite - Sputnik was launched. When countries did not protest against Sputnik flying over them, they implicitly accepted that the legal regime governing outer space is different from airspace. This is because in airspace, the sovereignty of a country prevails and no country would allow any flight in their airspace, without obtaining permission (which can be in any form). That outer space is governed by a legal regime different from airspace. The defining principle of the law of outer space is that outer space is free for exploration for all countries. A natural corollary to this principle is outer space is...

On 27 March, 2019, the Honourable Prime Minister of India, Narendra Modi, announced that India has successfully carried out an anti-satellite (ASAT) test, shortly before the announcement. Dubbed as Mission Shakti, the ASAT test has destroyed a pre-determined target satellite in the low earth orbit at 300 kilometers. According to the Honourable Prime Minister, this was an important step for protecting India’s space assets on which the country and its citizens are heavily reliant. Without commenting on the scientific prowess the test shows, the burning question here is the impact this ASAT test would have for the space environment. Does this ASAT test no jeopardize the very space assets it seeks to protect? A similar ASAT test was carried out by China in 2007, which was criticized by the international community for the utter disregard for the space environment. That single incident created 3,400 trackable space objects, also called space debris. Incidentally, the Chinese ASAT test an...