India’s Quest for a National Space Law and the Missing Piece of Possessory Rights

Athar ud Din
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Athar ud Din: Athar ud din is Assistant Professor in Centre for International Relations, Islamic University of Science and Technology, Awantipora, J&K, India.

India Quarterly: A Journal of International Affairs, 2021, vol. 77, issue 4, 642-660

Abstract: As the commercial use of outer space becomes feasible, the nature of possessory rights will potentially emerge as the central focus of future space-related activities. The existing international law relating to outer space does not address in detail the nature of possessory rights in outer space and is subject to multiple interpretations. Alarmingly, the recently adopted space policies and legislations by some States have taken a definitive position regarding the commercial use of natural resources in outer space. In light of India’s increasing involvement in outer space, it circulated the Draft Space Activities Bill, 2017, to formulate a national space law. However, the nature of possessory rights in outer space is not addressed in detail in the Draft Space Activities Bill. This study states that on account of recent developments happening elsewhere, it is extremely important for emerging powers like India to take a position on broader issues like the nature of possessory rights in outer space (which includes celestial bodies as well as resources contained therein). Not addressing the issue of possessory rights in outer space could have profound implications at both domestic as well as international levels.

Keywords: Space law; Indian space law; possessory rights in outer space; common heritage of mankind; private actors in outer space; Draft Space Activities Bill; the Moon Agreement; the Outer Space Treaty (search for similar items in EconPapers)
Date: 2021
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Persistent link: https://EconPapers.repec.org/RePEc:sae:indqtr:v:77:y:2021:i:4:p:642-660

DOI: 10.1177/09749284211047709

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