By Akshita Angrish, a 3rd year B.A.LLB. student of Ideal Institute of Management, GGSIPU, New Delhi.
INTRODUCTION
Over the years, countries have been witnessed finding new arenas through which they can establish their power and supremacy. Fromdeveloping evolving economies toinnovation and use of modern technology, everything can be explained as a race between different nations to show supremacy. This race is not just limited to the Earth, but has beenextendedto outside the atmosphere of the earth. Countries have started developing their space technologies in order to step forward in the ambit of development and power. Space technology is developed by space science or the aerospace industry for space exploration. It includes spacecrafts, satellites, space stations, and space support infrastructure, equipment, and space warfare. This is not just a fact of the present era; the national leaders have been racing their way to development through exploring new innovations regarding space tech from way back in history. After this, many treaties were formulated so that the innovations don’t lead to the abuse of power.
ANTIQUITY OF SPACE BATTLE BETWEEN NATIONS
The mystery that lies in outer space is one of the biggest mysteries to manhood. There have been technological developments in recent history in an attempt to explore and gather information of outer space; in the course of which, we have witnessed the development ofcompetition among nations.The very first race to space between countries was witnessed during the cold war. This battle involved world’s two great powers (the capitalist U.S. and the communist Soviet Union)[i].They were witnessed finding new means to outpower the other one every now and then. Space became another intense showground for this rivalry, at the beginning of late 1950s. Bothsides sought to demonstrate the superiority of his technology, military firepower and political-economic system.
World’s first artificial satellite and the first man-made object to be placed into the Earth’s orbit, Sputnik (Russian for traveller), was launched on 4th Oct, 1957 by Soviet R-7 intercontinental ballistic missile[ii]. Sputnik was not very amusing news to the Americans.
As a response, the U.S., in 1958, launched its own satellite, Explorer I, designed by the U.S. army[iii]. A public order was signed the very same year by President Dwight D. Eisenhower,creating a federal agency dedicated to space exploration, called the National Aeronautics and Space Administration (NASA). Further, two national security-oriented space programs that would operate simultaneously with NASA’s program were created. All of this was created to show the power and to gather intelligence on the Soviet Union and its allies.
Then, with the launch of Lunain 1959, Yuri Gagarin becoming the first person to orbit Earth, and Project Apollo series, the race between the then two superpowers came to an end after the U.S successfully landed a man on the moon, thereby winning the race[iv].
RECENT DEVELOPMENTS
While few countries have the technological competence to run large-scale missions, a host of determined nations are ensuring a competitive field in the race to colonise space. Even after the cold war, the U.S has been the top nation in space technology. It accounts for approximately one-third of the active spacecrafts presently orbiting around the Earth. However, countries have been making immense progress in space tech and are trying to be on the top in discovering new areas of the space. Currently, Japan and China with the second largest feet in space tech, Russia, U.K, and India with more than 80 aircrafts are other leading nations in this field[v].
With all these activities being conducted by different countries across the globe, there can also be serious harm and abuse of power and resources by them. Thus, UN felt an urgent need for laws governing these activities in space so as to prevent exploitation of resources through misuse of technology.
WHAT ARE SPACE LAWS AND HOW THEY GOVERN SPACE TECH?
According to theUnited Nations, Office for Outer Space Affairs[vi], space law comprises a variety of international agreements, treaties, conventions, and UN General Assembly as well as rules and regulations of International Organisations. It can be described as the body of law governing space-related activities. The term ‘space law’, appearing in the five international treaties[vii] and five sets of principles governing outer space, is mostly associated with the rules, principles and standards of international law which have been developed by the auspices of the UN.
A variety of matters, such as the conservation of the space environment, burden for reparations caused by space objects, settlement of disputes, sharing of information about potential dangers in the outer space, use of space related technologies, etc. are addressed by space law[viii]. The conduct of space actions isdirected by various principles such as the freedom of exploration, use of outer space by all states without discrimination, the principle of non-appropriation of outer space, etc.
As mentioned above, there are five treaties concluded by the committee on the Peaceful Uses of Outer Space-
The ‘Outer Space treaty’, 1967
The ‘Rescue Agreement’, 1968
The ‘Liability Convention’, 1968
The ‘Registration Convention’, 1972
The ‘Moon Agreement’, 1979
The Outer Space Treaty was the first treaty formulated that dealt with the activities of states in the exploration and use of outer space, including the moon and other celestial body followed by The Rescue Agreement (agreement on the rescue of astronauts, the return of astronauts, and the return of object launched into the outer space), The Liability Convention (convention of liability of damage caused by the object launched into the outer space), The Registration Convention(convention on registration of space objects) and The Moon convention (governing the actions on the moon and other celestial objects)[ix].
The main objective of each of these treaties stresses on the notion that outer space, the events carried out in there, and the remunerations accrued from there should be devoted to enhancing the well-being of all countries and humankind, with an emphasis on promoting international cooperation.
If there are no laws governing the conduct of the nations regarding space technology, there can be serious harm as a result of misuse, greed, and selfish motives. We have already seen the heat between the U.S and the Soviet Union during the times of cold war. Fortunately, that did not turn into a full-fledged war, but it is necessary to stop any such wars in the coming future. Instead of using such technology as a showcase of power, countries should indulge in a more cooperative and outgoing way so that everyone is benefitted.
CONCLUSION
It is evident now that countries do indulge in practices in order to boost their power over others. In the process, they end up inventing new ideas and innovations that can be helpful to people at large. Space technologies are developing so promptly that they have proved to be beneficial, not only to the countries where they are created but, to the whole world. It is not self-centred to look for one’s own country’s development but sharing that development with the whole world is what we need, which the UN has taken good care of by making the treaties and agreements. There’s a long road ahead in the field of space technology and we have much more things to explore in the outer space. It will be healthier if we walk that road by not stepping on each other and respect other’s right to walk on that road too.
[i]A&E Television Networks, ‘Cold war history’,History (December 4, 2019) Accessed on 19th Aug 2020 (Available at: https://www.history.com/topics/cold-war/cold-war-history) [ii]A&E Television Networks, ‘The space race’History(Feb 21, 2020) Accessed on 19th Aug 2020 (Available at:https://www.history.com/topics/cold-war/space-race) [iii]Elizabeth Howell ‘Explorer I: the first U.S. satellite’ Space.com (11th Aug 2017) Accessed on 19th Aug 2020 (Available at: https://www.space.com/17825-explorer-1.html) [iv]A&E Television Networks, ‘The space race’ History(Feb 21, 2020) Accessed on 19th Aug 2020 (Available at:https://www.history.com/topics/cold-war/space-race) [v]‘Top 10 countries in space tech in 2018’ Esri (Available at: https://www.arcgis.com/apps/MapTour/index.html?appid=09bad7b2f1c3418b9c381749a006092e) [vi]‘Space laws’ U.N Office of Outer Space (https://www.unoosa.org/oosa/en/ourwork/spacelaw/index.html) [vii]ibid [viii]Ibid [ix]ibid
REFERENCES
[i]A&E Television Networks, ‘Cold war history’,History (December 4, 2019) Accessed on 19th Aug 2020 (Available at: https://www.history.com/topics/cold-war/cold-war-history) [ii]A&E Television Networks, ‘The space race’History(Feb 21, 2020) Accessed on 19th Aug 2020 (Available at:https://www.history.com/topics/cold-war/space-race) [iii]Elizabeth Howell ‘Explorer I: the first U.S. satellite’ Space.com (11th Aug 2017) Accessed on 19th Aug 2020 (Available at: https://www.space.com/17825-explorer-1.html) [iv]A&E Television Networks, ‘The space race’ History(Feb 21, 2020) Accessed on 19th Aug 2020 (Available at:https://www.history.com/topics/cold-war/space-race) [v]‘Top 10 countries in space tech in 2018’ Esri (Available at: https://www.arcgis.com/apps/MapTour/index.html?appid=09bad7b2f1c3418b9c381749a006092e) [vi]‘Space laws’ U.N Office of Outer Space (https://www.unoosa.org/oosa/en/ourwork/spacelaw/index.html) [vii]ibid [viii]Ibid [ix]ibid
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