Introduction
Space is an entity that has been viewed as a global common for decades now. The doctrine of ‘common heritage for mankind’ encompasses the entire realm of space, owing to the absence of its appropriation and the common duty to exploit space resources for the benefit of mankind. The discussion around space law began around 1957 when the first artificial satellite was sent into space. During the Cold War era, the competition between the USA and the USSR showcased the human desire to subjugate space, like the high seas or atmosphere. Hence, it became paramount to create a treaty that regulated human affairs in outer space. Today, in 2024, the Artemis Accords act as a continuation of the most important treaty dealing with space; The Outer Space Treaty of 1967. However, the Outer Space Treaty wasn’t the only international legal instrument that guided the use of space. The United Nations played a pivotal role in defining the role of humans in space, as well as their ethical and legal considerations. For instance, Resolution 1472 (XIV) of 1959 established the Committee on the Peaceful Uses of Outer Space (COPUOS) which advocated the use of outer space for the benefit of mankind under general principles of international law. The success of UNCOPUOS and its subsequent ad-hoc office of UNOOSA (United Nations Office of Space Affairs) can be evaluated by the fact that it became an international deliberation platform to discuss space law. Over the next decade, 5 major international treaties emerged from COPUOS, the most important one being the Outer Space Treaty. 67 years later, in 2024, the leading Artemis Accords which formed under the aegis of Outer Space Treaty, is pioneering in global space cooperation. We shall look into how Artemis Accords impact the global space policy framework, and what it holds for India in the future.
Legal Framework
As of June 2024, 43 nations have signed the Artemis Accords, while a total of 115 nations are signatories to the Outer Space Treaty. The Artemis Program has two significant objectives; (i) to create a permanent outpost on the Moon and (ii) to bring the first woman and the next man to the Moon by 2024. The first objective is fairly complicated because it contains the construction of a Lunar Gateway and a Permanent base camp. Moreover, the financial constraints as well as geopolitical power imbalances can make the objectives hard to achieve. The Artemis Accords primarily contain three types of sections. First, there are clauses that reinforce the provisions of the Outer Space Treaty such as the mirroring of Section 3 of the Artemis Accords to Article IV of OST, highlighting the exclusive use of space for peaceful purposes. There are also certain provisions that highlight the detailed procedure for the objectives set out in the Outer Space Treaty. Section 4 of the Artemis Accords correlates with Article 9 of the treaty, reflecting upon the need to share scientific findings and research on a bona fide basis. Lastly, there are certain sections which are an expansion of provisions of the treaty. Section 5 of the Accord mentions the interoperability of space infrastructure, which is done to provide distressed astronauts with all possible aid in the shortest amount possible by any nation. The same is echoed, at least principally, in Article 5 of the Treaty. Regardless of the cohesiveness in the two instruments, not everything is Hunky Dory. A major contention, potentially affecting geopolitics as a whole, lies in Sections 10 and 11 of the Artemis Accords. Considering the treaty interpretation under Article 31 (3) of the Vienna Convention on the Law of Treaties (VCLT), the question of ‘subsequent practice’ is a significant issue. Subsequent practice is defined as, “Subsequent practice as an authentic means of treaty interpretation] consists of conduct in the application of a treaty, after its conclusion, which establishes the agreement of the parties regarding the interpretation of the treaty”. The issue here is that whereas Article II of the Treaty prohibits national appropriation by the claim of sovereignty and/or by means of use or occupation, Section 10 Paragraph 2 of the Accord provides an unambiguous interpretation of ‘national appropriation’ by stating that, “the extraction of space resources does not inherently constitute national appropriation”. By this, it seems like there might be a deliberate attempt to narrow down the definition of national appropriation, thus changing the interpretation of Article II of the Treaty. Another contention of the Accord is Section 1, which deals with purpose and scope. Section 1 considers the commitment to the enshrined principles as ‘political’ in nature. The majority of nations are only bound by an international agreement if its binding nature is accepted by the parliament/top governmental body in that nation. However, the commitment here is political in nature and Section 13 of the Accords does not contain any formalized accession mechanisms that member nations are required to follow.
The Ramifications of Artemis Accords on India’s Position
With its rapid advancement in technology and science, India has established a very prominent position for itself in space affairs. In the last three decades, the Indian Space Research Organization (ISRO) has consistently showcased its capabilities in space technology, from the success of the Chandrayaan-1 mission (2008) to the Chandrayaan-3 mission (2023). However, with the growing importance of globalization and interconnectedness, it became imperative for India to widen its horizon to newer partnerships and geopolitical blocs to establish a mark for itself in space affairs. Thus, it was on 21st June 2023 that India became the 27th signatory to the Artemis Accords, taking into account the Accords’ emphasis on global cooperation and sustainable practices. India’s ambassador to the United States, Taranjit Singh Sandhu, signed on behalf of India, and said “India is taking a landmark step in becoming a party to the Artemis Accords, a momentous occasion for our bilateral space cooperation.”
Artemis Accords can prove to be extremely beneficial to India’s development in space exploration due to various reasons. Since India has already ratified the Outer Space Treaty of 1967, the Artemis Accords only continue to complement the existing legal obligations on the Indian space sector. It will give Indian companies and private start-ups, specializing in space, the golden opportunity to become part of a flourishing global supply chain, which will furthermore facilitate the inflow of capital into the country. It will ensure that India remains a significant player in the field of outer space development by providing it with the forum to position itself alongside various nations leading in space advancement, allowing the country to establish new or strengthen existing partnerships extending beyond the scope of just outer space. For instance, India has collaborated with Japan on the Lunar Polar Exploration Mission (LUPEX), which aims to send an unmanned rover and lander to the Moon’s south pole by 2026. Along with this, India is an importer of cryogenic resources (often used for the purpose of space technology), and one of its most important suppliers is Ukraine. In this scenario, the fact that both Japan and Ukraine are signatories to the Artemis Accords proves to be extremely advantageous. However, these intercountry ties can also cause complications. Apart from Ukraine, India is also considerably dependent on Russia for the development of spacecraft, training astronauts, etc. Against the backdrop of this, it is essential to highlight that Russia has been a strong critique of the Artemis Accords, and believes that the treaty works in favour of the United States. Therefore, India needs to tread carefully in its steps to maintain peaceful and diplomatic relations with its existing strategic partners. Moreover, India’s position as a non-signatory to the Non-Proliferation Treaty(NPT) is also of utmost importance. Out of all the countries signatories to the Artemis Accords, India is the only major nuclear power that is not a signatory to the NPT. This can go against India’s favour as it might not have commonalities with the nuclear policies of most of the members. Substantiating this, India is also an anti-satellite (ASAT) power. Out of all the four ASAT powers (Russia, China, United States, and India), India and the United States become the only Artemis Accords signatories to be ASAT powers. Since the Artemis Accords is US-led, the country does have an upper hand and is leading the programme. Thus, it becomes imperative that despite being a signatory to the Artemis Accords, India does not lose sight of its policies and identity. Hence, even if the Artemis Accords make for an excellent opportunity for India to position itself at the top of the global space sector, it must tread carefully.
Addressing Implementation Challenges and Inclusivity in Global Space Treaties
Space cooperation agreements and treaties are aimed at fostering global cooperation regarding the peaceful use of space for scientific research as well as the common benefit of mankind. However, the problem with most treaties lies in their implementation. Currently, there are three layers to global space missions. First, the independent missions that the space agencies of a country undertake. Second, the missions require bilateral cooperation and are hence done in conjunction with other countries. Lastly, the international missions that aim to achieve a globally agreed-upon objective.
With international accords such as the Artemis Accords, the main contention is the unpredictability of developed nations to use space for exploitative purposes. Moreover, the Artemis Accords do not align with the policy objectives of many other nations such as those in Africa. Currently, the electricity crisis in Africa is a major issue, and the fact that the Artemis Accords does not mention much about how space resources can be used to create green and sustainable forms of energy. Another problem with treaties like the Artemis Accords, which is more of an extension of the Outer Space Treaty, can cause overlaps.
For Artemis to be a success, it must incorporate more inclusive policy objectives, ensure swift implementation, have a mechanism that does not allow developed nations (‘superpowers’) to take control, and enlarge its scope by including more planetary explorations.
Conclusion
The Artemis Accords, with their legal foundation set in the popularly accepted Outer Space Treaty, advocate for various important aspects such as peaceful exploration, transparency, heritage protection, and sustainable utilization of resources. It is a significant step toward the positive evolution of international space law.
The US-led Artemis Accords is a crucial step towards the road to prominent multilateral leadership in the field of space affairs. It has provided a diverse range of nations, with similar space goals, and the opportunity to come together to collectively govern outer space systematically. The treaty has also offered India substantial opportunities for growth and development through its integration into the international supply chain, technological advancement, and more prominent global partnerships. However, at the same time, India must navigate the complexities that are bound to arise due to this with respect to its strategic partners and its positions and policies at a national level.
It is therefore imperative that India continues to balance its stance, in order to maximize the opportunities for space advancement that the treaty has to offer, along with maintaining its geopolitical relations and its policies.
This article is a part of the Showcase Pieces Series.
Students, Rajiv Gandhi National University of Law, Patiala
