Nidhi Dixit, Campus Law Center, University of Delhi
ABSTRACT
The recent launch of Vikram-S rocket by an Indian Space start-up has again raised questions over the unwarranted advent of non-state entities in space in the absence of a proper space law in force. States has been violating the space law to exploit the it by circumventing the provisions of Open Space Treaty which was framed by keeping the space in mind. OST challenges the appropriation of any territory of space but it says nothing about the mining of the space by the private companies which is an alarming issue in the present scenario. Countries including USA and Luxembourg has given a wide power to non-state entities to enter in to the space and own the minerals extracted from the space. MOON agreement is one of the feasible options at this hour by the reason of it ambit covering the non-state entities too but for this very reason its ratification rate is in the bottoms. The provisions of Artemis accords of NASA are equally alarming and violative of OST. The exception provided in Article XI of OST from exposition of the space activities of state, on the grounds of feasibility and practicality has been proved to be a leeway for the states to skip this obligation quite easily. State debris is becoming a huge problem for the space, entry of non-state entities is going to be aggravate this threat. Terms mentioned in OST are too vague to take space debris in its garb. To make the space law relevant the need of the hour is to make certain provisional changes in the OST, so to make it living in the new normal i.e; the entry of new state entities in the space.
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