This research paper explores the legal challenges of using private entities for military operations in space. It examines the responsibilities of states and private entities under international law regarding the role of private entities in modern warfare. The paper analyzes how laws like the Outer Space Treaty address issues like liability and the regulation of new private space actors. It also discusses debates around what constitutes "national activities" and states' liability in incidents like the role of SpaceX's Starlink satellites in the Russia-Ukraine war. The paper concludes that the current legal framework needs updating to establish clearer regulations and accountability for private space companies.

1. Examining the Implications of
Private Space Entities' Role in
National Security and the
Responsibility of States under
International Law"
This research paper aims to explore the complex legal challenges and implications of
using private entities in military operations in space, with a particular focus on
SpaceX's Starlink program as a case study. By examining the legal responsibilities of
states and private entities under international law, this paper seeks to answer
important questions about the role of private entities in modern warfare and their
potential impact on responsible space behaviour.
Author: Zuber Ahmad
Co-Author: Syed Moosa

2. Overview
• Introduction
• Available laws: Purpose and Implication
• Liability
• Regulation of New Space Actors
• Competence of Legal Frame Work
• Russia-Ukraine War and Liability of state with respect to New Space Actors
• What constitutes as "National Activities" ?
• Selecting the Right Approach
• Responsible Space Behavior
• Conclusion

3. Introduction
From satellite launches to space travel, space mining, and the race to settle on Mars, private companies have been more involved in space
operations. These initiatives might boost a number of industries, including biotechnology, electronics, energy, and medicine.
Militarization of space
Concerns about private companies taking part in military activities have been raised due to the rapid development of technology and the growing
militarization of space.
Private Companies such as:
Elon Musk's SpaceX
One of the most well-known private space
companies focused on creating a multi-planetary
future for humanity.
Blue Origin
Jeff Bezos' space company that is pioneering reusable
rocket technology and aims to develop space tourism.
Virgin Galactic
Richard Branson's space tourism company that aims to
make space travel accessible to the general public.

4. Available laws: Purpose and
Implication
• The development of space law began after the successful
launch of 'Sputnik 1'.
• The UN Outer Space Treaty (OST) 1967: It is an
international agreement that promotes the peaceful use of
outer space, prohibits the placement of weapons, and
encourages cooperation among nations in exploring and
utilizing space resources.

5. Liability
• Determination of liability: It is essential to determine the
existing liability regime under international space law to
regulate commercial and national activities.
• The Outer Space Treaty and the Liability Convention
regulate this liability however, it applies only to states and
not to private entities
• "New space actors": They are the private companies
entering the outer space, trying to commercialize the
outer space. Liability in the recognized laws are only that
of states and not of private entities, which raises question
for regulation for private entities .

6. Regulation of "New space Actors"
The existing laws associate liability in space only to states, Private companies acting in space are not subjected to enough liability . Government
functions are being delegated to various private companies which raises concerns regarding the extent to which governments can delegate their
responsibilities to private entities. As private companies become more involved in space activities, it is crucial to carefully examine the legal and
ethical implications of their actions to avoid any attempts to bypass responsibility in case of any negative consequences.
NASA' Budget constraints
In the US, the decline in NASA's budget open up a window for private
companies exploring and commercializing the outer space and privatization of
government function.
ISRO partnering with Bellatrix
The Indian Space Research Organisation, has formed a partnership with
Bellatrix Aerospace to develop innovative space propulsion systems. This
collaboration aims to enhance India's capabilities in satellite launches and
further advance space exploration technology..

7. Competence of legal framework
Is the present international framework equipped enough to cater and regulate private companies
exploring outer space ?
• The answer can be achieved by examining the Example of the launch of micro-satellites by Swarm
Technologies and Antrix aboard the Indian Polar Satellite Launch Vehicle in 2018.
• To address the legal lacuna of International law in addressing negative consequences of private companies
in space activities this paper this paper set forth the introduction of a new clause in the international law.
This clause would mandate that any private company engaging in illegal or unlawful actions in space must
be subject to regulation by the government of the country from which it was launched or where it operates.
This would allow for effective national control over the space object and the activities of the private
company in accordance with the Outer Space Treaty's relevant provisions, specifically Articles VI and VIII.

8. Russia Ukraine War and liability of state with respect to the actions of commercial space actors
• The SpaceX Starlink satellite helped the Ukrainian military in providing high speed internet in the in going
Russia-Ukraine War.
• Whether the USA will be held liable for involving in War due to the actions of SpaceX Starlink Satellite ?
• According to the Section 8 of Draft Articles on State's Responsibility For Internationally Wrongful Acts,
This liability is same as state's liability.
• Article 6th of the OST(1967), make state liable for all the actions that falls under the ambit of "national
activities".

9. What constitutes as "National Activities" ?
• State's liability in International Space Law is determined on the condition of it being a "National activity". Unlike
in other domains where state's liability is judged on the basis of the direct control it has over the Private Entity.
• The term "national activities" is not explicitly defined, but it is typically understood as activities within a State's
territorial jurisdiction or by its nationals. The definition of "national activity" is subject to different interpretations.
• There are three schools of thought with regard to the interpretation of the term "national " activity.
1 States are in charge of all actions
taken by their citizens, regardless of
the extent of their authority
2 The second perspective, confounds
two distinct sections in the OST,
relates "national activities" to
actions in which the State was a
"launching State."
3 The third point of view, states are
only accountable for actions that fall
under their purview and are
equipped with the means to manage
them.

10. Selecting the Right Approach
• Its between the third and first viewpoint that, State shouldn't be held liable for every activity carried out by their
citizen, as propounded by the first view point, however it should be acknowledged that commercial space operators
like Starlink couldn't operate there without the permission of the relevant State, and that their activities in space would
therefore be considered "national activities."
• This strategy guarantees that States cannot escape their obligations by hiding behind proxies and is compatible with
the practice of regulating commercial satellite providers.

11. Responsible Space Behavior
• As space becomes more contested and congested, the risk of space war is becoming increasingly real.
• The ability to disable or destroy satellites in orbit could have devastating consequences, disrupting
communication networks, navigation systems failure, and other critical infrastructure functions that rely on
space-based assets
• Hence, it is critical that states act responsibly in space to ensure the continued peaceful utilization of this vital
domain.
• The concept of responsible space behavior​ ​has been developed over the years to guide states in their actions
in space.
• That states can work to prevent space war is by investing in diplomacy and dialogue , investing in developing
new technologies and strategies, investing in alternative means of communication and navigation.

12. Conclusion
1. Article VI of the Outer Space Treaty necessitates authorization for space activities, but the extent of international responsibility remains unclear.
2. Ambiguity leads to legal uncertainty for private entities interested in space activities.
3. States should develop precise national space laws to outline liability obligations and determine which space objects to register.
4. Different states adopt varying approaches, deciding which activities they are responsible for and wish to control.
5. Legal difficulties arise due to the integration of state apparatus and commercial sector in space operations.
6. Challenges such as resource conflicts, surveillance, and environmental preservation highlight the need for effective regulation.
7. The current legal framework for private space enterprises is inadequate, lacking accountability and regulation.
8. Updating the legal framework is crucial to ensure safety and sustainability.
9. Introducing new laws and regulations can hold private companies accountable and establish fair liability-sharing mechanisms.
10. Convening a dialogue among space-faring nations or creating a new international organization can address the regulation of private space activities.
11. By taking these measures, a sustainable future for space exploration can be ensured while avoiding potential hazards from unregulated
private activities.