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EVOLVING INTERNATIONAL HUMANITARIAN LEGAL REGIME FOR SUSTAINABLE USE OF OUTER SPACE

This post is authored by Sahitya Sharma , a second year B.A. LLB (Hons.) student at Rajiv Gandhi National University of Law, Punjab

EVOLVING INTERNATIONAL HUMANITARIAN LEGAL REGIME  FOR SUSTAINABLE USE OF OUTER SPACE

The past few decades have seen the emergence of a novel area of conflict- outer space. It is only fair that besides the traditional territories of conflict, namely, land, water, and air, the fundamental concepts of International Humanitarian Law must apply to Space as well. Space law evolves in tandem with the problem under discussion, and its primary goal has always been to safeguard mankind's open, unhindered, and non-discriminatory access to space. Nonetheless, the fact that mankind still lacks total control over it has not halted its evolution, which continues to this day. This evolution of power in space takes on new forms all the time.

Space Law is concerned with the legal ideas and laws that regulate people's behaviour in outer space. The evolution of space law has followed the evolution of other legal disciplines. These laws and norms that regulate and control the use and control of space are also referred to as international space law. It is applicable to all spacefaring states, as well as governments, international organizations, corporations, and individuals. The first international treaty and conventions on outer space were signed in early 1963 when the Outer Space Treaty went into effect. Since then, several additional international treaties have been signed or negotiated.

Initially, the Space Law Committee of the International Institute of Space Law was in charge of its development. This organization, now known as the Committee on the Peaceful Uses of Outer Space (COPUOS), is the major player in Space Law today. Other international organizations, such as the International Astronautical Federation (IAF) and the International Committee on Space Law (ICSL), participate in the operations of this Committee and play important roles in its evolution.

However, while space exploration and utilization have become a global industry, the concerning issues of space tourism, space debris, and climate change have not been adequately addressed and deliberated upon, especially in the realm of International Humanitarian Law. There is a need for a new law, or, more precisely, a model code that applies to all countries, regardless of whether they have adopted the Code for outer space missions or not, to protect and regulate human activities in the vast emptiness of space, to make space more liveable, to keep pace with the progress of technology, and also to help promote greater international peace and cooperation. As a result, we must never lose sight of our obligation towards future generations as the saying goes, "prevention is better than cure."


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