CASL Newsletter 2021

www.caslnujs.in
CASL NEWSLETTER - 2021
The Centre of Aviation and Space Laws (CASL) of the National University of Juridical
Sciences, Kolkata is an academic research centre founded by Prof. (Dr.) Sandeepa Bhat B.
and Dr. Shouvik Kumar Guha. The Centre intends to explore, analyse and critique the legal
developments in the aviation, space and allied industries through its various publications,
research projects, and academic workshops, seminars and conferences.
Director: Prof. (Dr.) Sandeepa Bhat B. Associate Director: Dr. Shouvik Kr. Guha
Members:
Ms. Anushna Mishra Ms. Aabha Achrekar
TEAM CASL

www.caslnujs.in
Mr. AkshayLuhadia Mr. Rohit Gupta
Ms. Soumya Gupta Ms. Simran Upadhyaya
Mr. Tushar Krishna
External Members:
Mr. Abhijeet Singh
Mr. Arthad Kurlekar
Mr. Bruce K. Gagnon
Prof. Dave Webb
Ms. Geetanjali R Kamat
Mr. Kiran Mohan V.
Mr. Pankaj Mehta
Mr. Sanjay Kumar
Prof. Subrata Ghoshroy

www.caslnujs.in
DIRECTORS:
PROF. (DR.) SANDEEPA BHAT B.
Distinguished Memberships
Member - American Society of
International Law (ASIL), Baltimore,
United States of America
Member - International Institute of Space
Law (IISL), Paris, France
Member - International Academy of Space
Law (IASL), Moscow, Russia
Member of Board of Advisors - Global
Network against Weapons & Nuclear
Power in Space, Brunswick, United States
of America
Member of Advisory Board, Centre for
Research in Air & Space Law,
Maharashtra National Law University
Mumbai
Editor-in-Chief, Lex ad Coelum
Member of Editorial Board, International
Journal of Air and Space Law, NUSRL
Ranchi
Member of Board of Advisors, Space
Policy Digest
Member of Advisory Board, GNLU
Journal of Air & Space Law, Gujarat
National Law University, Gujarat
Member of Advisory Board, Indian
Review of Air & Space Law, Maharashtra
National Law University Mumbai
List of Publications
Prof. (Dr.) Sandeepa Bhat B., ‘Covid-19
and Aviation Crisis in India’, Latin
American Journal of Aeronautical Law,
No. 58, December 2020. ISSN: 2422-
5894.
Prof. (Dr.) Sandeepa Bhat B., ‘Space
Liability Insurance: Concerns and Way
Forward’, Athens Journal of Law, Vol. 6,
Issue 1, 2020, pp. 37 - 50. ISSN: 2407-
9685.
Prof. (Dr.) Sandeepa Bhat B. ‘Humans in
Space Policy for India 2021’, Lex ad
Coelum, Vol. I, 2021.
Presentations Made in the Seminars,
Conferences & Workshops
International:
Prof. (Dr.) Sandeepa Bhat B., ‘Limitations
of Art. IV of the Outer Space Treaty in
Ensuring Peaceful Uses of Outer Space’,
Workshop on Peaceful Uses of Outer
Space, Space for Peace Week, The WB
National University of Juridical Sciences,
Kolkata, 6 October 2021.
Insurance’, 6th
Edition of GNLU Air and
Space Law Academy (GASLA 2021),
Gujarat National Law University in
collaboration with Institute of Air & Space
Law, University of Cologne, 20 September
2021 – 26 September 2021.
Tourism’, 6th
Edition of GNLU Air and
Space Law Academy (GASLA 2021),
Gujarat National Law University in
ACTIVITIES UNDERTAKEN BY OUR TEAM MEMBERS

www.caslnujs.in
collaboration with Institute of Air & Space
Law, University of Cologne, 20 September
2021 – 26 September 2021.
Prof. (Dr.) Sandeepa Bhat B., ‘Current
Legal Uncertainties in the Crisis-Ridden
Global Aviation Industry’ (Inaugural
Address), International Conference on
Impact of Covid-19 on Civil Aviation:
Change in the Regulatory Landscape, The
WB National University of Juridical
Sciences, Kolkata, 14 August 2021.
Prof. (Dr.) Sandeepa Bhat B., ‘Decoding
the Varying Approaches to National Space
Legislation’ (Inaugural Address),
International Conference on National
Space Legislation, The WB National
University of Juridical Sciences, Kolkata,
27 February 2021.
Prof. (Dr.) Sandeepa Bhat B., ‘Are We
Legally Ready for Privatization of Indian
Space Sector’ (Keynote Address), One-
Day International Seminar on
Privatization of Space Sector in India -
Issues and Challenges, Symbiosis Law
School, Hyderabad, 6 February 2021.
Prof. (Dr.) Sandeepa Bhat B., ‘Outer
Space Demilitarization: Establishing a
Case for Strengthening PAROS’, Space
Traffic Management Conference 2021,
University of Texas, Austin, United States
of America, 26 & 27 January 2021.
National:
Prof. (Dr.) Sandeepa Bhat B.,
‘Liberalization of Space Sector in India’,
ULC MUN 2021 Samvaad, University
Law College & Department of Studies in
Law, Bangalore University, Bengaluru, 4
October 2021.
Prof. (Dr.) Sandeepa Bhat B., ‘Conceptual
Development of Benefit Sharing under the
International Law’, One-Week Refresher
Training Course on Benefit Sharing from
Forest Ecosystem Services: Law, Policy
and Administration, National Law School
of India University, Bengaluru, 23 - 27
August 2021.
Prof. (Dr.) Sandeepa Bhat B., ‘Why Space
Law Should Find a Place in the Law
School Curriculum?’, Five Days National
Faculty Development Program on
Teaching, Evaluation and Research Skills
– Contemporary Challenges in Law
Domain, Amity Law School Kolkata, 10 -
14 August 2021.
Prof. (Dr.) Sandeepa Bhat B., ‘Liability in
Outer Space’, Certificate Course on Space
Law and Policy, Jagran Lakecity
University, Bhopal in collaboration with
Gujarat National Law University,
Gandhinagar, 26 - 28 March 2021.
Prof. (Dr.) Sandeepa Bhat B., ‘Remote
Sensing: International and National Legal
Aspects’, Indian Society of International
Law, New Delhi, Tenth Winter Course on
Air and Space Law, 22 - 26 February
2021.
Webinars - Public Lectures:
‘Space Law in the Contemporary
Jurisprudence’, School of Law, Presidency
University, Bangalore, 11 September
2021.
‘Space Commercialization and Legal
Regulation’, LETILS-226, LETILS
Programme, Shyam Padman Associates,
Kerala, 17 July 2021.
‘Space Law: Challenges and
Opportunities’, Xavier Law School, St.
Xavier’s University, Kolkata, 10 July
2021.
‘Unlocking Space Law’, Webinar by
Beyond Law CLC, 10 January 2021.

www.caslnujs.in
‘An Overview of Aviation Law’, Webinar
by Beyond Law CLC, 9 January 2021.
Invited Lectures
‘National Space Legislation for India’,
VIT Law School, Chennai, 7 December
2021.
‘Mapping the Horizons of Space Law’,
Karnataka State Law University, Hubli, 17
June 2021.
‘Lectures on Air and Space Law’,
Symbiosis Law School, Pune, April-June
2021 (20 hours)
‘An Introduction to International Air
Law’, VIT Law School, Chennai, 20 May
2021.
*Apart from organizing three international
events under the banner of the Centre,
Prof. (Dr.) Sandeepa Bhat B. has
organized a ‘One-Day International
Seminar on Privatization of Space Sector
in India - Issues and Challenges’ at
Symbiosis Law School, Hyderabad on 6
February 2021.
DR. SHOUVIK KUMAR GUHA
Presentations Made in the Seminars,
Conferences & Workshops
Shouvik Kumar Guha, ‘“The Flights
Cannot Stay Grounded!” –Considering
Policy Changes in Aviation Insolvency
and Aircraft Financing in the Light of the
COVID-19 Pandemic’, International
Conference on Impact of Covid-19 on
Civil Aviation: Change in the Regulatory
Landscape, The WB National University
of Juridical Sciences, Kolkata, 14 August
2021.
Shouvik Kumar Guha, ‘Regulating the Use
of Artificial Intelligence in Outer Space:
Exploring Problems and Possible
Solutions’, The International Conference
on National Space Legislation, The WB
National University of Juridical Sciences,
Kolkata, 27 February 2021. An updated
version of this paper is also scheduled to
be published in a forthcoming edited
volume titled ‘Fundamentals of National
Space Laws’ to be published by Thomson
Reuters.
Blog Posts
Shouvik Kumar Guha, ‘MARS4
Metaverse, NFTs, and the Future of
Simulated Space Property Rights’, Lex ad
Coelum, Vol. I, 2021, available
at https://caslnujs.in/2021/10/31/mars4-
metaverse-nfts-and-the-future-of-
simulated-space-property-rights/ .
STUDENT MEMBERS:
AKSHAY LUHADIA
Akshay Luhadia and Saiesh Kamath,
‘Ryan Air Flight FR 4978: Determining
Belarus’ Liability Under International
Aviation Laws’, Jindal Forum for
International and Economic Laws (13 July
2021), available at
https://jindalforinteconlaws.in/2021/07/13/
determining-belarus-liability-under-
international-aviation-laws-akshay-
luhadia-saiesh-kamath-2/
ROHIT GUPTA
Prospective Membership to the
International Institute of Space Law Visual
Identity Manager, IISL Knowledge
Constellation Project

www.caslnujs.in
International Conference on
National Space Legislation
The Centre for Aviation and Space Laws
organized an international conference on
the theme of “National Space Legislation”
on 27February 2021. Prof. (Dr.) Sandeepa
Bhat B. delivered the inaugural address
wherein he sought to decode the
approaches adopted by various countries
in drafting their respective national space
legislation. This was followed by the
address delivered by Prof. (Dr.) Joanne
Gabrynowicz, Director of the National
Centre for Remote Sensing, who spoke
about the recent changes in the US
national remote sensing laws. Dr. Eligar
Sadeh, the CEO and Founder of the
Astropolitics Institute conveyed a detailed
account of the conceptual evolution of
astropolitics as a discipline. Prof. (Dr.)
Steven Freeland from Australia presented
on the topic of Possible Future
Exploitation of Space Natural Resources.
Prof. (Dr.) Fabio Tronchetti, the Co-
Director of the Institute of Space Law and
Strategy emphasised on the importance of
the Artemis Accords.
The post-lunch sessions started
with a presentation by Prof. (Dr.) Kai-Uwe
Schrogl, the President of the International
Institute of Space Law, France, on the new
contexts for national space legislation and
responses to such developments. Prof.
(Dr.) G. S. Sachdeva from the NALSAR
University of Law focused on the
privatisation of space activities and
national legislation and Prof. (Dr.) Ricky
Lee, partner at an Australian law firm
spoke about the adequacy of the space
laws in dealing with international liability.
Prof. (Dr.) Mahulena Hofmann from
Luxembourg highlighted the various
features of the Second Space Law of
Luxembourg. Subsequently, Dr. Shouvik
Kumar Guha and Ms. Maathangi
Hariharan spoke on the aspect of
regulating the use of artificial intelligence
in outer space. Each of the sessions had
several paper presentations and detailed
discussions on the themes covered
thereunder.
Impact of Covid-19 on Civil
Aviation: Change in the
Regulatory Landscape
Our next major endeavour has been the
international conference on the “Impact of
COVID-19 on Civil Aviation: Change in
the Regulatory Landscape”, which was
held on 14 August 2021. Prof. (Dr.)
Sandeepa Bhat B., delivered the inaugural
address by deliberating on the major legal
issues faced by the global aviation industry
PAST EVENTS

www.caslnujs.in
during the pandemic. Prof. (Dr.) Anis H.
Bajrektarevic from Austria delivered the
keynote address on some of the less
explored aspects of COVID-19 and civil
aviation. This followed the pretentions by
Prof. (Dr.) Anna Konert. Dr. Tomasz
Bakerzak, Ms. Jessica Los Banos, Prof.
(Dr.) Kanwal D.P. Singh and Dr. Jitender
presented paper on various topics on the
impact of COVID-19. Mr. Vikrant
Pachnanda debated on the need for a
dedicated law in India for air passenger
protection, while referring to the EC
Regulation and Montreal Convention. Mr.
Rajat Dixit presented on the drones
regulatory framework in India in terms of
COVID-19. The Next address was by Dr.
Attila Sipos from Hungary. He presented
on the aspect of public health issues
associated with the aviation industry due
to the pandemic. Dr. Divya Tyagi from
GNLU Gujarat carried forward the
discussion on aviation and public health
norms. Ms. Sakshi Gandhi and Mr. Hrithik
Yadav presented a paper on the status of
contractual obligations in the aviation
sector following the COVID-19 pandemic.
Mr. Avantik Tamta presented the last
paper of this session on an interesting
aspect of the changed consumer behaviour
in the wake of COVID-19 and its impact
on the future of aviation. The next session
begun with the presentation by Prof.
Patrick Honnebier from Netherlands. This
was followed by the presentation of Prof.
Mario O. Folchi from Argentina.
Subsequently, Dr. Shouvik Kumar Guha
spoke on the aspect of aviation insolvency
and aircraft financing in the wake of
COVID-19 pandemic. His major focus in
the presentation has been on the evaluation
of NCLT’s decision in the case of Jet
Airways.
Workshop on Peaceful Uses of
Outer Space
Our third event of 2021 has been the
Workshop on Peaceful Uses of Outer
Space, which was organized on 6 October
2021. Prof. (Dr.) Sandeepa Bhat B., has
delivered the opening remarks by
unfolding the Limitations of Article IV of
the Outer Space Treaty, which was drafted
to ensure the peaceful uses of the outer
space. After which, Prof. Bruce K.
Gagnon, Coordinator of the Global
Network against Weapons & Nuclear
Power in Space enlightened the audience
about the implications of the use of
nuclear power in outer space. The next
address was delivered by Professor Dave
Webb, Convener of The Global Network
against Weapons and Nuclear Power in
Space. His presentation revolved around
the theme of space-based technologies and
the environment. Next in line was the
presentation from Dr. Aruna Kammila,
Associate Professor at the Galgotias
University. Her address was focused on
the topic of demilitarisation of the outer
space. The last address was delivered by
Prof. Subrata Ghoshroy, Research Affiliate
with the Program in Science, Technology,
and Society, at the Massachusetts Institute
of Technology, USA. The topic of this
presentation was the actual and potential
harm that the US Missile Defense and
Space Policy poses to the global strategic
stability.

www.caslnujs.in
Responsibilities for Activities in
Outer Space
This blog piece is authored by Danny
Johansen, a Ph.D. Fellow at the Legal
Institute in the University of Southern
Denmark. This piece explores the pertinent
questions that arise regarding who is
responsible for activities carried out in
outer space. Article VI of the Outer Space
Treaty, by the first look answers this
question, when it states that, state parties
shall bear international responsibility for
national activities, no matter whether it is
being done by a state organ or by a private
entity. Taking into account Article III of
the Outer Space Treaty, which states that
all space activities must be in conformity
with the public international law, the
author finds that the concept of “ultra
vires” as laid down in the Draft Articles on
State Responsibility becomes important.
The blog concludes that examination of
activities under this concept would truly
answer the question at hand. It could then
be said that if the private entity acts
outside the scope of the authorisation, it
should be examined if the entity at least
still acted within the capacity of the
authorization.
See:
https://caslnujs.in/2021/11/29/responsibilit
y-for-activities-in-outer-space/
MARS4 Metaverse, NFTs, and the
Future of Simulated Space Property
Rights
This blog is written by Dr. Shouvik Kumar
Guha, Assistant Professor (Senior Scale) at
the West Bengal National University of
Juridical Sciences. The blog discusses the
status of the MARS4 project and the
property rights being offered by it in the
context of the outer space and celestial
bodies and related property regime as
envisaged under international law. In
addition to the Outer Space Treaty, the
Moon Agreement, 1979 and recent
initiatives like the Artemis Accords also
bear relevance to this evolving discussion.
Technology seems to add further layers of
complexity to this already complicated
debate in international law. The case of the
MARS4 project serves as a prime
example. Given the oft-vague provisions
of the Outer Space Treaty insofar as even
traditional property rights in outer space
are concerned, and the lack of popular
ratification of other relevant existing
instruments like the Moon Agreement, the
rights to own land in celestial bodies and
to use their natural resources are
contentious at best at this stage. However,
the blog suggests that one must also
acknowledge that through persistent
efforts, occasional breakthroughs have
been possible in the past such as the
recognition of the first reasonable user
principle in relation to geostationary orbit
usage and according protection to such
users from subsequent harmful
interference via regulations of the
International Telecommunications Union.
The blog argues that the existence of the
MARS4 project does not in any way
preclude other private entities establishing
identical or similar metaverses about the
same or other celestial bodies (assuming
they get the necessary licenses to use the
relevant celestial data and models) –this
would make such property rights and their
underlying value at least partially non-
exclusive and therefore render their
enjoyment non-adverse to concepts such
as non-appropriation and the common
heritage of mankind.
BLOG POSTS

www.caslnujs.in
See: https://caslnujs.in/2021/10/31/mars4-
metaverse-nfts-and-the-future-of-
simulated-space-property-rights/
Space Travel: Select Legal Issues
This blog piece is authored by Prof. (Dr.)
G.S Sachdeva, Adjunct Professor,
NALSAR University of Law, Hyderabad.
It discusses the possibility of commercial
operational travel in space soon expanding
to space tourism with orbiting resorts for
an exhilarating experience, hospitality on
celestial bodies for ‘stay-cationing’ for joy
and ego-boost and planetary habitations
for permanent emigration. While there is
much excitement surrounding space travel,
scientists have noted a serious woe of
pollution of the atmosphere by burnt solid
fuels from rocket exhausts. Existing results
indicate that atmosphere and stratosphere
are undergoing alteration in their character
and content yielding strong hints at
adverse changes in global climate and
weather patterns. As a result, the eco-
system of total atmosphere seems
vulnerable and at risk as revealed by
ground reality. The author suggests a
compromise to resolve the issue. A
suggestion is made to restrict and regulate
launches for commercial space travel in
the current decade and concurrently
accelerate research for greater clarity on
the flagged adverse impact.
See: https://caslnujs.in/2021/10/07/space-
travel-select-legal-issues/
Is there an Indigenous Right to
Space?
This blog piece is authored by Prof.
(Dr.)Valmaine Toki, a Professor of Law
and Ngatiwai Nga Puhi, Former Expert
Member UN Permanent Forum on
Indigenous Issues Te Piringa – Faculty of
Law, University of Waikato, New
Zealand. The piece aims to answer two
pertinent questions: Can the United
Nations Declaration on the Rights of
Indigenous Peoples (UNDRIP) as an
instrument of international law assist to
manage the fundamental rights including
those that extend to celestial bodies? And,
does the Indigenous philosophy, or world
view, support such a right? The piece
makes the following conclusions:
(a) First, the international instrument,
UNDRIP, that recognises the right for
Indigenous peoples, such as Māori, to
maintain and strengthen their distinctive
spiritual relationships with their
traditionally owned or “otherwise”
occupied and used lands, territories and
other resources, such as those within the
celestial realm in Article 25 of the
UNDRIP,
(b) Secondly, the
underpinning tikanga or worldview that
links Māori indisputably to the celestial
realm, and
(c) Thirdly, a domestic Treaty right, for
Māori through the rights guaranteed under
the Treaty including the rights to
their taonga, their mātauranga or
traditional knowledge of the celestial
realm.
These provide an irrefutable right to space
for Indigenous peoples and the celestial
realm.
See: https://caslnujs.in/2021/09/26/is-
there-an-indigenous-right-to-space/
Evolving Customary Law in Outer
Space Frontier Settlements
This blog piece is authored by Dr. Jennifer
A Brobst, Associate Professor of Law,
Southern Illinois University School of
Law, Carbondale, United States of
America. Her piece focuses on the fact that
if human species survive to enable deep
space exploration and frontier settlement

www.caslnujs.in
beyond Earth, humanity will have an
opportunity to develop new customary
laws with the added benefit of the
accumulated knowledge of human history
and modern technology. They believe that
while international and national space law
currently dominate discussions of what
legal and social structures are best for
humanity in outer space, such a focus is
inherently limited to functional
considerations of how to enter orbital
space safely. For guidance on human
exploration and settlement in the farther
reaches of space, what is needed is a more
inclusive and informed understanding of
human nature. Modern conceptions of
natural law, informed by social science
research, may be helpful to move beyond
the constraints of narrow commercial and
governmental interests.
See:
https://caslnujs.in/2021/09/19/evolving-
customary-law-in-outer-space-frontier-
settlements/
Losing Afghan Land, and Also Skies
This blog piece is written by Avantik
Tamta, Lecturer in Law, O.P. Jindal
Global University, Sonipat, Haryana. His
piece focuses on the uncertainty in the
aviation sector with the Taliban taker over
of Afghanistan. Considering most flights
connecting the Indian subcontinent to the
West rely on flying over the Afghani
airspace, the recent Notice to Airmen
suggesting airlines to reroute their paths so
as to avoid Afghan airspace, comes as a
significant damper. He also warns that the
regional instability will surely shoot up the
price of oil till a recognized government is
formed in the country. Also, rerouting will
force additional flying time, and the
additional flying time will factor in fuel
surcharges which will reflect in increased
costs. Therefore, there is no real escaping
for the aviation industry this time,
particularly in respect of flights to and
from India. While most of the world
leaders, led by the People’s Republic
China and Russia, have engaged in a
strange strategy to bid time for the Taliban
in amassing political momentum, it is
absolutely crucial for India to effectively
manoeuvre its influence as the chair of the
UNSC in mobilizing international isolation
of the Taliban. Only then can there be a
sincere attempt at regaining the Afghani
land for the Afghan people. He ends with
the thought that the duty lies on the
international community to safeguard the
interests of their international citizens
when subjected to the tyranny of one
particular sovereign/sovereign-like entity.
See: https://caslnujs.in/2021/08/31/losing-
afghan-land-and-also-skies/
Arbitration of Space Disputes: A
Review of the Optional Rules for
Arbitration of Disputes Relating to
Outer Space Activities
This piece is authored by Arthad Kurlekar,
Associate, Curtis Mallet Prevost Colt
Mosle LLP, Geneva. His piece focuses on
the feature of Permanent Court of
Arbitration Optional Rules for Arbitration
of Disputes Relating to Outer Space
Activities, which are arguably designed to
better augment the resolution of disputes
involving space law specific issues. In his
piece, he talks about how these rules have
been inspired from the 2010 UNCITRAL
Arbitration Rules with three major
modifications concerning: (i) the scope of
application, specifically adapting the Rules
to all users, private parties, states and
international organisations; (ii)
applicability of the confidentiality regime
and (iii) procedure applicable to experts
and scientific and technical information.

www.caslnujs.in
The author believes that the nuanced
feature of the rules provide added value to
potential users, but whether the Rules gain
popularity with increasing activity of
private actors in the space industry
remains to be seen.
See:
https://caslnujs.in/2021/08/29/arbitration-
of-space-disputes-a-review-of-the-pca-
optional-rules-for-arbitration-of-disputes-
relating-to-outer-space-activities/
Unravelling the Space Debris Enigma
This piece is authored by Geetanjali R
Kamat, Ex-Associate at Touchstone
Partners and Founder-Editor at IRCCL.
The author talks of how the twenty-first
century is witnessing the emergence of a
new era with countries striving to leave
their mark in outer space. With more
nations willing to compete in the global
space race, the future of space exploration
looks promising. At the same time,
countries are increasingly becoming
concerned of the consequences of such
activities on the space and the earth’s
environment. One such issue is that of
“space debris” – a topic which has been
subject to years of scientific research and
several discussions. Countries like India,
have adopted the “space debris mitigation
plan”, which signifies the proactive
approach by the Indian Government
towards minimization of space debris. The
need of the hour is to evaluate the extent to
which existing guidelines, standardization
measures and best practices, for mitigating
space debris, have proven to be helpful. If
a majority of States have enforced useful
robust national mechanisms, these
guidelines may well have succeeded.
However, in case these have been
inadequate or unclear, a binding
international legal instrument which would
tackle such a problem in a uniform and
coherent manner will need to be
implemented. At the same time, one
cannot lose sight of the fact that adopting
mitigation measures, including compliance
with the ISO Standards, may involve
complex technology and high costs.
Accordingly, the binding legal framework,
if it were to be created, must uphold the
overarching fundamentals of space law –
principles of equality and non-
discrimination.
See:
https://caslnujs.in/2021/07/31/unraveling-
the-space-debris-enigma/
Humans in Space Policy for India
2021
This piece is authored by Prof. (Dr.)
Sandeepa Bhat B., Director of CASL and
Professor of Law, West Bengal National
University of Juridical Sciences, Kolkata.
In this piece, he briefly discusses about the
Draft Humans in Space Policy for India
2021, introduced by the Department of
Space. As per the author, developing
policy guidelines for the sustained human
space activities in India is a welcome step.
However, the current Draft Policy lacks
long-term vision and requisite details for
having a comprehensive policy. More
significantly, the much-needed legal
understanding, which is indispensable in
dealing with any space activity, is
completely missing under the Draft Policy.
Hence, he believes it is necessary to revisit
the Draft Policy to have a comprehensive,
legally appropriate and transparent policy
framework to facilitate collaborative
ventures as has been intended by the
drafters.
See:
https://caslnujs.in/2021/07/11/humans-in-
space-policy-for-india-2021/

www.caslnujs.in
ARTEMIS ACCORDS: HARBINGER OF
COOPERATION OR NEW SPACE RACE?
Dr. Shouvik Kumar Guha
It has been little more than a year since the
global space law arena has witnessed the
United States and some of its allies (UK,
Canada, Italy, Australia, Luxembourg,
Japan, and UAE, joined later by New
Zealand, Brazil, South Korea and Ukraine)
come together on October 13, 2020 to sign
the Artemis Accords Principles for a Safe,
Peaceful, and Prosperous Future
(“Accords”) –an umbrella document
containing voluntary guidelines for nations
and even private organizations to join a
common platform for space exploration
and resource extraction centering around
NASA’s Artemis Programme for lunar
exploration. An apparent departure from
previous attempts to discuss space
exploration via international treaties such
as the Outer Space Treaty (“OST”) of
1967 and the Moon Agreement of 1979,
the Accords focus on developing bilateral
cooperation to foster transparent and
public disclosure of operational policies,
plans, and scientific research output in
relation to space (and lunar) exploration,
protection of sites and artifacts of historic
value, adherence to international norms
and standards (including those laid down
by existing instruments like the OST), and
mitigation of orbital debris in course of
such exploration. Accordingly, the issues
and principles highlighted in different
provisions of the Accords include Peaceful
Purposes (S. 3), Transparency (S. 4),
Interoperability (S. 5), Emergency
Assistance (S. 6), Registration of Space
Objects (S. 7), Release of Scientific Data
(S. 8), Preservation of Outer Space
Heritage (S. 9), Space Resources (S. 10),
Deconfliction of Space Activities (S. 11)
and Orbital Debris (S. 12).
While most of these principles seem to be
in general consonance with the OST, the
one regarding extracting and using
resources from outer space may be
considered a contentious issue in the
context of outer space law, especially
considering that several of the nations
prominent in space activities such as the
US, Russia and China, have never been a
signatory of the Moon Agreement that also
addressed issues pertaining to such
extraction and use. The US, the prime
player in the Accords, has historically
favoured the OST’s perception of space as
the “province of all mankind”, over the
Moon Agreement’s view of it being
“common heritage of mankind”, which
means that it considers extraction and use
of space resources as valid so long as no
territorial claim is laid down upon the
space or celestial bodies. At the same time,
the Accords also mark a departure from
the OST by allowing private players to
operate in the realm of space resource
extraction and usage (“SREU”), a stance
that resonates with the US domestic policy
and legislation like the American Space
Commerce Free Enterprise Act.
The Accords have already elicited
responses from non-signatory states, in
particular Russia and China, which have
signed in March 2021 an agreement to
CURRENT
DEVELOPMENTS

www.caslnujs.in
build an International Lunar Research
Station (“ILRS”) on the Moon and are also
actively seeking collaborative participation
from other states in this endeavour. This
appears to be a clear move to establish an
alternative to the Accords, which appear to
be too much of a US-led initiative to be
palatable to China and Russia, and have
therefore caused the latter two to bring
their experience and resources together as
a counter to the Accords in this global race
for space resource extraction and use.
When it comes to the options available to
India in the light of such developments,
several factors are at play including prior
relationship with the countries involved
and the pros and cons of favouring either
of the Accords or ILRS over the other,
and/or joining both at this stage while
trying to balance any future conflict of
interest that may arise, and/or starting a
new initiative of its own with UN support
in the SREU domain. While India has got
a rich history of cooperation with Russia
with regard to its space activities
(including launching of the Aryabhatta and
Bhaskara-I satellites, sending the first
Indian astronaut Rakesh Sharma into
space, training of astronauts, providing
material for GSLV launchers, starting the
Luna-Resurs Project and so on), at the
same time, its cooperation with the US has
taken a turn for the better in recent times
(including recent collaborative exercises
between NASA and ISRO, the
Chandrayan Moon Mission carrying
NASA payloads).
If India chooses to join the Accords, then
that can help the country to get a ready set
of partners for collaboration in the SREU
domain along with clear guidelines and
protocols for such collaborative activities;
however, one must remember that the
Accords are bilateral in nature and not
multilateral, hence those cannot be
effectively used to fill the existing gap in
outer space law with regard to issues like
harmful interference and liability during
SREU activities. The permissive nature of
the Accords regarding unregulated private
SREU operations may also have long-term
implications that are not certain yet.
On the other hand, if India chooses to join
the ILRS, it can leverage Russian space
capabilities like use of nuclear space tugs
and Soyuz rockets to supplement its own
space technology, and also benefit from
the investments made by private Chinese
operators in the domain, yet given the
deteriorating Indo-China relationship and
the growing gap between the political
priorities of India and Russia, this option
may get eventually stalled because of
extraneous factors. At the same time,
given that NASA is not allowed to get
involved in any direct/indirect cooperative
activities with China (owing to the 2011
Wolf Amendment legislation in the US),
choosing the ILRS option may even
prevent India from taking any effective
part in the US-centric Artemis Programme.
If India succeeds in framing and
operationalising a separate multilateral
treaty in the SREU sector, courtesy
assistance from the UN Committee on the
Peaceful Uses of Outer Space, that will
undoubtedly be a commendable
development in outer space law; however,
given the differing priorities of the UN
member-states that often lead to a
deadlock barring any effective progress in
such issues, pursuing this option
exclusively does not appear to be a
practical move for India at this stage,
although it can be considered along with
opting for one or both of the above
choices. Given India’s limited resources
and the rate of growth of its technological
independence, it can be stated without
doubt that the country’s space activities,

www.caslnujs.in
both private and public, would get a fillip
if it manages to successfully align at least
its short-term interests with one or more of
the global space superpowers.
RESUMING COMMERCIAL FLIGHTS TO
AFGHANISTAN: WILL IT REALLY BE A STEP
FORWARD?
Avantik Tamta
30 August 2021, saw the UNSC adopt
Resolution 2593 condemning the sordid
state of affairs in Afghanistan after the
takeover by Taliban. Among other things,
the Resolution highlights the
mismanagement and lack of security
prevalent in and around the Karzai
international airport in Kabul. It calls upon
the Taliban to ensure that the Afghans do
not face inconvenience in electing to leave
the country, and further obligates the outfit
to sincerely respect the rights of
individuals constituting the population
placed under their effective control.
The reign of terror and the contributing
uncertainty which followed the August
takeover, inspired little confidence in
resuming air travel with Afghanistan. Most
carriers elected to avoid Afghan airspace
altogether, even at the expense of costlier
travel. Fearing international isolation, we
witnessed a differentiated tactic on the part
of the Taliban. Sometime during the
month of October, Taliban began
establishing diplomatic dialogue in the
sovereign quarters, urging nations to
resume flights. The call was answered by a
few nations. Pakistan, Qatar, UAE, Turkey
and Uzbekistan resumed flights. However,
normalcy is still far from the situation
prevailing over the Kabul horizon. We are
yet to receive affirmation from the Taliban
as to how much of the mandate of the
UNSCR 2593 has been adhered to, in
substance. We are also yet to receive any
formal communication affirming the right
of the Afghans to leave the country. One
must remember that the ICCPR upholds
every individual’s right to leave a country
(including his own) under Article 12(2).
Of course, the right is not non-derogable,
in the sense that the Sovereign is allowed
to depart from such guarantee in the case
of a proclaimed emergency, provided that
such derogation is communicated to the
UN Secretary General with reasons
thereof. Strangely, the Taliban refuses to
acknowledge public emergency as spoken
of in Article 4(1), and yet continues to
deny the acknowledgement of the Afghan
people’s right to leave the country under
Article 12(2). The only logical inference
from the contextual discrepancy is the
existence of an unstated emergency
corroborated by consistent news reporting
of the substantial denial of rights of the
people of Afghanistan.
Even as Pakistan gears up to help the
Taliban in training men to effectively
monitor the aviation space in and around
Kabul, the de-facto persistence of an
undeclared emergency like situation is
going to air continued hesitation on the
part of private carriers. Now, most flights
mitigate the risks involved with air travel
through insurance. War torn regions
command a hefty premium referred to as
the ‘hull war insurance’. Therefore, even if
the sovereigns keep their moral conscience
aside in choosing to respond to the Taliban
dossier requesting resumption of flights,
the hull war insurance which private

www.caslnujs.in
carriers may be forced to purchase, will
eventually disrupt any meaningful
resumption of flights to and from
Afghanistan. The same can only be a good
leverage in ensuring that whatever be the
political strategy of any geo-political
conglomerate, the de-facto circumstance of
deteriorated dignity will continue to repel
any attempt at restoration of ‘normal’ air
travel.
The disappointment of having the UNSC
resolution being non-unanimous is
difficult to put to words. Russia and China
choosing to abstain is giving credence to
selfish political motive, even as the entire
people of Afghanistan stare at us with
hope. Resuming air travel with the country
despite Taliban refusing to abide by the
Resolution, would be to akin to condoning
their ill practices and would certainly
destroy the hope of a restoration of the
Afghanistan which existed.
It is my opinion that Taliban should not be
engaged with, till they show a semblance
of decorum and adherence to the
internationally accepted minimalistic
standards of rights. In fact, if we were to
go by the Rawlsian idea, the international
community is justified in employing the
offensive against Taliban for debilitating
the existence of its international citizens,
which comprise the Afghan people.
Adherence to the ICCPR is not a domestic
concern, but is majorly a facet of
obligations erga omnes. It is time that
countries take to more than dialogue in
ensuring that the regime of rights is
reinstated in the territory of Afghanistan.
Taking a quip from the SVS critique of
Makau Matua, it may make sense for the
international community to firstly mandate
the Taliban to prove popular support of the
people, rather than launching an offensive
on the very first instance.
Coming back to the question of
resumption of flights, I believe India has
toed the correct line in responding with a
call for adherence to the obligations
highlighted in the UNSC resolution, before
it even considers a dialogue with the
Taliban. Regardless of how nations
behave, one chooses to draw solace from
the extra sovereign free hand of market
economics- which inflates insurance costs
and denies the restoration of any normalcy
when circumstances are clearly not
normal.
AIR INDIA TAKEOVER
Simran Upadhyaya
Air India was returned to its founder Tata
group nearly after seven decades of its
nationalisation, capping all the efforts by
the Indian government to privatise its debt-
laden airline. The 2.4 billion purchase of
debt-ridden government owned Air India
will give the Tata’s flying rights and
landing slots, which will help them claw
back market share from foreign rivals.
However, not all is rosy as it seems from
the Air India takeover, because the Tata’s
have to fix myriad problems, including the
worn-out fleet, and poor service provided
by Air India over the years.
Air India with its Maharaja mascot was
renowned for its stellar service under the
reign of JRD Tata, who was its founder.
However, since 2000s, Air India’s
reputation has fallen due to poor service,

www.caslnujs.in
financial troubles and delayed payments to
staff. What led to the downfall of the Air
India can be understood via the story of
nationalisation of assets in the past.
Air India was the brainchild of JRD Tata,
who scheduled its first service in 1932.
During first decade of operation, the
airlines flourished and expanded
internationally. However, things changed
post 1947, and the government was in
spree of nationalising various departments.
Under the Air Corporations Act, 1953
Nehru nationalised nine airlines—Air
India, Air Services of India, Airways
(India), Bharat Airways, Deccan Airways,
Himalayan Aviation, Indian National
Airways, Kalinga Airlines, and Air India
International—and brought them under
two PSEs, Indian Airlines and Air India
International. Additionally, under Section
18(2) of the Act, the running of airlines by
private companies was made illegal with
penalty involving Rs 1000 to
imprisonment for three months.
Air India and other airlines witness
success till 1991. However, after that it
languished due to lack of accountability,
pretentious and noble objective served
only the needs of the bureaucrats. It
provided Indian Airlines a monopoly on
domestic scheduled services, preventing
any other company from competing.
Similarly, except for flights to some
neighbouring countries, which were
allocated to Indian Airlines, Air India
International became the lone Indian
carrier to operate on international routes.
Later on, the Air Corporations (Transfer of
Undertaking & Repeals) Act of 1994,
which was enacted, brought private
commercial airline carriers back into the
aviation sector. The Act allowed private
airlines to operate services to other
countries and renegotiate bilateral air
service agreements, as well as transferring
and vesting the undertakings of Indian
Airlines and Air India. It also repealed the
Air Corporations Act, allowing private
airlines to operate services to other
countries and renegotiate bilateral air
service agreements.
With private operators entering the market,
Air India's domestic passenger market
share fell to an all-time low of 11.8 percent
in September 2018, down from 19.8
percent in January 2014, and has been
steadily declining since then.
By March 2018, Air India had
accumulated a considerable debt so the
government decided to sell 100% of its
shares. The bid was won by JRD Tata in
2021; which marks the shift from
nationalisation to privatisation of Air
India.
The shift to privatisation raises various
question as to the policy measures, HR
policies that Tatas might introduce to
ensure the success of AIR India in the long
run. The Tatas may opt for discharging
employees to cut down on costs, but the
question in the larger picture remains
whether these steps would be enough to
make up for its losses and bad reputation.
The cultural shift from government-based
organisation to a private one might give
way for clashes between the Unions and
the Tatas, which might slowdown the
turnaround plan.
Now that the reigns are with the Tatas,
steps to transform AIR India similar to its
luxury airlines, Vistara might also
jeopardise Tata’s chance to gain back its
customers that prefer private airlines over
Air India. A possible structural change that
Tatas will engage is selling or writing off
its old assets and bring in industry leaders
to overhaul airline’s leadership status.
Another question that arises is that if Tatas

www.caslnujs.in
would amalgamate its other airlines with
Air India. However, history is witness to
the fact that mergers have not worked well
in the aviation sector in the past because of
difference in payment structure, schedule
of flights, etc. Given that Air India is used
to provide low carrier service along with
scheduling its operation in non-profit
routes; whether the Tatas will continue to
operate in such non-profit routes is a
question in the bigger picture that has the
potential to change the landscape of the
Indian aviation sector. Other area is to
address that to whether the private industry
players will be successful, when the
Government couldn’t do much. However,
given that the takeover has been done by
the pioneer of the Aviation industry, Tatas
might emerge successful if they work on
integrating operations, network planning,
manpower, route development and fleet
optimisation. It is incumbent that they
deep digger to understand the present
inefficacies of Air India and attempt to
restructure its entire operations within a
period of 3-5 years. At the end of the day
to compete with others, the Tatas will have
to rope in significant amount of
investments in Air India to improve its
quality of service and reclaim its lost
reputation.
COLLECTION OF CELESTIAL SAMPLES
Aabha Achrekar
The Japanese Diet’s enactment of the Act
on the Promotion of Business Activities
Related to the Exploration and
Development of Space Resources (the
Space Resources Act) permits persons to
conduct business activities for the
exploration and development of space
resources and to acquire ownership of
space resources. This Act allows Japanese
private entities to explore, extract and use
various space resources, such as water,
minerals and other natural resources
existing in outer space, including the
Moon and other celestial bodies.
The Space Resources Act will come into
force just in time for JAXA’s plans to
bring soil samples back from the Mars
region. Their rapid return trip would put
Japan ahead of the United States and
China in bringing back samples from the
Martian region despite starting later.
JAXA’s rapid return trip plans on bringing
these samples back by 2029, while NASA
and China plan on bringing back samples
by 2029 and 2030 respectively.
The Outer Space Treaty, which came into
effect in 1967, bans exclusive possession
of the moon and other celestial bodies but
does not explicitly prohibit nations from
taking ownership of space resources.
While the 1979 Moon Agreement went
into force and described the moon’s
natural resources as “the common heritage
of mankind”, leading countries like Japan,
the United States and China have not
ratified it. In a dearth of international rules
on the topic, the United States
implemented a law in 2015 that enabled
private companies to legitimately take
control of space resources. This was
followed by the legalisation of extraction
and utilization of resources through the
Artemis Accords – which includes Japan
as a signee.
It is in this background that we must pay
attention to the conflict between the Moon
Agreement upholding the moon as

www.caslnujs.in
common heritage and the one-sided
regulations framed by certain nations.
Russia called for this conflict to be
addressed by the United Nations.
However, the U.N. Committee on the
Peaceful Uses of Outer Space cannot be
realistically expected to reach a conclusion
that has unanimous support.
Amid this conflict, it is important to
ponder over whether JAXA’s sample-
return’s lightning speed is in the
encouragement of scientific research or if
it is merely a product of the ever-growing
space race. The research of these celestial
samples has been observed to hold clues to
the history of the solar system, in a way
similar to how fossils hold clues to the
history of life. While serving an important
role in research, celestial sample-return
missions seem to be taking on a
competitive edge with JAXA planning an
earlier return. Despite being samples from
a moon of Mars, Japan’s successful
mission would be the first to bring Martian
soil back to Earth.
These concerns regarding the motive
behind celestial sample-return missions
have been swept to the background as
contamination fear is paid much more
attention to. Samples taken from celestial
bodies may contain unknown organisms
potentially dangerous to life on Earth. This
concern has been at the forefront of all
discussion surrounding sample-return
missions. The Committee of Space
Research’s Planetary Protection Policy
seeks to protect potential indigenous extra-
terrestrial life forms. They have discussed
concepts like “planetary quarantine” and
“planetary protection” in great detail. In
the 2010 workshop one of the
recommendations for future consideration
was to extend the period for contamination
prevention to the maximum viable lifetime
of dormant microorganisms introduced to
the planet. There remains the risk of these
life forms or substances causing mutations
and destroying life forms or even altering
the natural development of potential life
on the celestial body. United Nations
General Assembly Resolutions 1721 A
and B (XVI) as well as the Declaration of
Principles Governing the Activities of
States in the Exploration and Use of Outer
Space fail to address these matters of
planetary protection. The scope of the
Declaration was limited to potential
harmful interference to any space activity
carried on by a state by way of activities or
experiments carried out by another state.
Therefore, it is clear that there persists an
insufficiency in international legislation
which may set out a clear path for the
legitimacy of sample-return missions. This
insufficiency leads to doubts creeping into
the trustworthiness of the scientific
research which, ironically, serves as the
main redeeming characteristic of such
missions. It is important to, thus, take a
look at whether the motive behind such
celestial sample collection is the scientific
research or mere competition. Answering
this, one can possibly find solutions to the
issue of lack of legislation – leading to
some simplification in the understanding
of outer space law.
PRIVATE SPACE TOURISM DEVELOPMENTS
Tushar Krishna

www.caslnujs.in
Humanity has always been drawn to space
exploration. Humans have progressively
utilised distinctive features of this “new
avenue” because of the continually
expanding and evolving space technology
along with space laws. With the
commercialisation of space operations, a
new concept with great opportunity has
emerged, that is, Space tourism. It is a
collection of economic operations that
provide individuals with the opportunity to
travel to space, either directly or indirectly
at their whim, for personal pleasure and
enjoyment.
Space tourism is an actuality, with the
world seeing almost seven individuals who
have already paid for their space vacation.
Dennis Tito, who is considered to be one
of the initial space tourists, initiated
humanity’s exploration with this “new
avenue” as a vacation destination in 2001.
Currently, space tourism is governed by
using the Outer Space Treaty, the Chicago
Convention on International Civil
Aviation, and other relevant instruments.
Many private players have approached the
multimillion-dollar space tourism sector in
order to bring practicality, lucrativeness,
and fiscal sustainability to space tourism.
Space tourism has led to “a new space
race”, which is not between different states
rather between private entities like Richard
Branson and Chamath Palihapitiya’s
Virgin Galactic, Jeff Bezos’ Blue Origin,
Michael Suffredini’s Axiom, and Elon
Musk’s SpaceX. These corporations are
providing their affluent consumers with
the opportunity to explore space while
fulfilling their two primary goals: one,
making space travel into a worthwhile
source of money, and two, carrying out
extensive scientific research
simultaneously. Apart from these
commercial companies, Russia’s space
agency, Roscosmos, is the only
government that offers orbital space
tourism.
However, this new avenue is facing a
major setback due to some major lacunae
in the standing laws, as discussed in the
subsequent points. The legal lacunae of
space tourism form a source of deep-
seated legal concern. Since space tourism
is a nascent pursuit, the legitimacy of
actions concerning the expansion of
humans in space for enjoyment has yet to
be decided. Furthermore, extant space
treaties appear to be outdated and are no
longer effective with the emergence of the
new legal challenges of the space tourism
industry.
As the space tourism industry is coming
closer to launch day after day, there seems
to be an urgent requirement to establish
legal frameworks to govern problems
associated with space tourism, such as
commercial players’ regulation.
Considering space tourism is a new
enterprise, the government’s involvement
includes a legal obligation to approve and
supervise commercial space operations
while also maintaining that the
commercial sector has enough scope to
thrive technologically and financially.
The status of the space tourist is
another legal question that surfaces. It had
never been a concern before the
conception of space tourism because the
only individuals who travelled to space
were astronauts. Resultantly, no
international space law treaty has specified
the legal position of space tourists.
Substantial disagreement lies as to the
status of space tourists – whether they are
astronauts, envoys of humanity, or
members of the crew, as defined in treaties
and regulations. However, the present
breakthroughs in the space industry have
necessitated outlining the contours of a

www.caslnujs.in
space tourist, such as its overall status quo,
rights and obligations, and so on.
Passenger liability is another issue that has
been raised in relation to space tourists. It
is critical to expand the frontiers of the
Liability Convention to fetch inclusivity,
justice, and fairness to space travel.
Currently, it is solely launching States
which have culpability for any damage
caused by space operations under the
Outer Space Treaty and the Liability
Convention. With the emergence of space
tourism, however, liability rules must be
modified to be commensurate to both
public and private space operations.
Insurance firms will have new
opportunities as a result of space tourism.
Space tourists spend a lot of money on
tickets and are also aware of the dangers
that come with space travel, resulting in
the formation of a unique risk profile.
Space insurance is a highly specialised
area that necessitates a professional
understanding of launching systems,
satellites, and other associated challenges.
The existing space insurance policy, on the
other hand, only covers astronauts and
crew members and makes no provision for
passenger liability for space tourists.
Space Adventures sought to handle the
issue of insurance by purchasing personal
accident insurance for the security and
well-being of its customers. The insurance
sector faces a challenge as the chances for
space tourism grow rapidly. The insurance
industry is further hindered by the
uncertainties surrounding a space
tourist’s legal standing, the liability
system, and the rules and legislation.
Tourists will be transported to space in the
near future for economical and recreational
purposes. This unlatches new avenues for
travel enthusiasts with considerable
resources. Despite being both exciting and
profitable, space tourism is constrained
due to a lack of law, which poses a slew of
problems for potential tourists as well as
the rest of the globe. Concurrently, space
tourism raises a number of obstacles,
including questions concerning space
tourists’ legal standing, issues of
authorisation and registration, personal
liability and insurance, and so on. Due to
the obvious difficulties raised and the
industry’s fast growth, there is a pressing
need for clear and consistent laws and
regulations. With the establishment of
proper and effective laws, there is a huge
chance that the space industry will see
cutting-edge prospects and endeavours, as
well as increased global collaboration.
***

CASL Newsletter 2021

Recommended

Recommended

More Related Content

Similar to CASL Newsletter 2021

Similar to CASL Newsletter 2021 (20)

Recently uploaded

Recently uploaded (20)

CASL Newsletter 2021