Professional Documents
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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
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
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
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
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)
Austria
Authorization of Space Activities and the Estabishment of a National Space Registry
(Austrian Outer Space Act)
Belgium
Brazil
Law No. 8.854 of 10 February 1994, Law Establishing the Brazilian Space Agency
Canada
Civil International Space Station Agreement Implementation Act (S.C. 1999, c. 35)
Chile
Supreme Decree No. 338: Establishment of a Presidential Advisory Committee known as the
Chilean Space Agency
China
France
Law No. 61-1382, 20 December 1961 Statute of the Centre National d'Etudes Spatiales
(CNES)
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
Japan
Law Concerning The National Space Development Agency Of Japan (Law No. 50 of June
23, 1969, as amended)
Kazakhstan
Netherlands
Rules Concerning Space Activities and the Establishment of a Registry of Space Objects
(Space Activities Act)
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
Russian Federation
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
Decree No 422, "On Measures to Fulfil the Russian Federal Space Program and
International Space Agreements"
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
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
Ukraine
Decree of the President of Ukraine on the establishment of the National Space Agency of
Ukraine (29 February 1992, No. 117)
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