Lift-Off And the Law

General Studies Paper 3

Context

Chandrayaan-3 Mission

• Chandrayaan-3 is India’s third lunar mission and second attempt at achieving a soft landing on the moon’s surface.
• The mission took off from the Satish Dhawan Space Center (SDSC) in Sriharikota on July 14, 2023, at 2:35 pm.
• It consists of an indigenous Lander module (LM), Propulsion module (PM) and a Rover
• objective: developing and demonstrating new technologies required for Interplanetary missions.
• Mission Objectives of Chandrayaan-3:
• To demonstrate Safe and Soft Landing on Lunar Surface
• To demonstrate Rover roving on the moon
• To conduct in-situ scientific experiments.

Recent Achievements by India:

• India is a signatory to the US Artemis Accords: A non-binding arrangement with NASA
• It explores the implementation of provisions of the Outer Space Treaty, 1967 and other international instruments.
• It establishes a political understanding regarding mutually beneficial practices for future use of outer space.
• The deepening of US-India engagements, particularly iCET — establishment of the US-India Civil Space and Commercial Space Working Groups

Global common:

• It is used to define those parts of the planet that fall outside the sovereignty of any state.
• It is a concept built upon the legacy of Grotius’s idea of mare liberum (free sea)
• The term is used to describe supra-national and global resource domains in which common-pool resources are found.
• The UN identifies four “global commons”, namely
• High seas
• Atmosphere
• Antarctica
• Outer space.

How is global common seen?

• When rooted in geopolitical or military relevance, it is generally viewed as an enabling concept.
• Security establishments across the world recognise domains beyond the national jurisdictions, including
• high seas
• air space outside territorial bodies of a state
• outer space
• Others recognise outer space as a vital operational domain for keeping their nation safe while upholding international law.
• Global common” is viewed as a constraining concept based on the economic and commercial implications of shared resources
• It can be overused by some at the expense of others, regardless of national jurisdiction. “
• Commons” is seen as constraining because it is associated with notions of shared ownership, public governance or limitations on use.

Common heritage of mankind” (CHM):

• “Commons” is associated with the “common heritage of mankind” (CHM) concept as expressed in Article 11(3) Moon Agreement, 1979.
• CHM created a territorial status in which the Moon and celestial bodies are themselves not subject to national appropriation
• The fruits and resources of which are also deemed to be the property of mankind at large.
• CHM is not limited to outer space.

Agreements and disagreements:

• The Moon Agreement: This principle was codified as Article 136 of the United Convention on Law of the Seas, 1982.
• To some, the high seas beyond territorial waters is a “global common” allowing freedom of navigation and access to all (an enabling concept)
• Others refer to the deep sea bed as a “global common” (in a constraining sense).
• Sputnik launch in 1957: The US and the USSR ensured the adoption of UN General Assembly Resolutions 1721 A&B (XVI).

Way Forward

• Outer space is a democratized domain: Over 80 countries access outer space
• They derive benefits from space-based satellite services for every aspect of their national life
• India is at a threshold it has never reached before: This would be the time to play a significant part in determining the content and contours of a future international framework for the management of space resources.
• India must necessarily involve a close examination of the Moon Agreement 1979 (MA) which came into force in 1984.
• 18 states have ratified the MA (reduced to 17 after Saudi Arabia’s withdrawal comes into effect).
• Australia and Mexico have ratified MA and are signatories to the Artemis Accords.
• France and India are signatories to MA (not yet ratified) and also to the Artemis Accords.
• It will require a comprehensive understanding of the range of directly and indirectly applicable international law and other frameworks.
• It will require the participation of all government institutions.
• India has had and continues to have robust international cooperation space programmes, including multilateral and bilateral engagements with advanced space powers, and with those looking forward to advancing theirs.
• India must now contribute towards drawing up an international space resource management framework that balances competing objectives in pursuit of the use of outer space for peaceful purposes.
• India’s modest entry into the First Space Age followed by its many gains should be used to help the country tap the vast potential in the Second Space Age.