Chandrayaan 3 success: India’s role in democratising space

Source– The post is based on the article “Chandrayaan 3 success: India’s role in democratising space” published in “The Indian Express” on 7th September 2023.

Syllabus: GS2- International relations

Relevance- International law related to outer space

News– The article explains the the issues related to consideration of space as “global common” and explain the international laws related to concept of “commons”.

Is outer space considered a “global common”?

Some individuals firmly reject the notion that outer space meets the criteria of a “global common”.

Others contend that it should be classified as “global common” in order to secure the freedom of access and benefits for developing nations.

The concept of “global commons” can be examined from two perspectives.

First perspective- It is related to geopolitical prespective. From these viewpoints, security institutions worldwide recognize domains beyond national borders as crucial connecting channels for the international order.

These domains include the high seas, airspace outside a nation’s territory, and outer space,

Some nations also acknowledge outer space as a critical for maintaining their security while upholding international law.

In essence, open access is vital for a nation’s security and economic interests.

Second perspective- The term “global common” is sometimes perceived as restrictive, primarily due to the economic and commercial implications associated with shared resources.

This perspective raises concerns about the potential overuse of these resources by some parties at the expense of others.

What is the meaning of term “global commons”?

The term “global common” is used to refer to areas on Earth that fall outside the jurisdiction of any single nation.

This concept is built upon the legacy of Grotius’s idea of “mare liberum” (free sea), which aimed to preserve the freedom of access and benefits for all.

The United Nations recognizes four “global commons,” including the high seas, the atmosphere, Antarctica, and outer space.

What the intrenational laws says about the concept of “commoms”?

The concept of “commons” is often linked with notions of shared ownership, public governance, or usage limitations.

Additionally, “commons” is occasionally connected with the concept of the “common heritage of mankind” (CHM), as articulated in Article 11(3) of the Moon Agreement of 1979.

CHM introduced a territorial status in which celestial bodies are not subject to national appropriation. Their fruits and resources are considered the property of all humankind. The principle of CHM extends beyond outer space.

In 1970, the UN General Assembly passed a non-binding resolution declaring that “the seabed and ocean floor, beyond the limits of national jurisdiction, along with the resources of the area, are the common heritage of mankind.”

This principle was incorporated as Article 136 of the United Nations Convention on the Law of the Sea in 1982.

In 1957, the United States and the Soviet ensured the adoption of UN General Assembly Resolutions 1721 A&B (XVI) on December 21, 1961.

Subsequently, they consistently adhered to its provisions. All nations with space capabilities have continued to adhere to this established precedent.

The principles outlined in the Outer Space Treaty of 1967 have evolved into customary international law.

Way forward for India-

India is currently at a significant juncture. It presenting an opportunity to actively shape the the future international framework for the management of space resources.

This process would necessitate a thorough examination of the Moon Agreement of 1979 (MA), which entered into force in 1984.

India has signed the MA but ratification is pending. It is also signatories to the Artemis Accords.

India has a history of robust international cooperation in space programs. It has engaged in both multilateral and bilateral collaborations with advanced spacefaring nations, as well as those aspiring to advance their capabilities.

India should now play a role in shaping an international framework for managing space resources.