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A: International Space Law Treaties guide space law governance under the international law. Although they cannot be called as self-sufficient in itself, however, they certainly are a guiding overarching legal framework that can guide the many developing countries like Sri Lanka to identify and frame their domestic laws or policies on space law. Further, since the existing international space law treaties are not exhaustive in nature, its apparent lacunas can also guide the countries to be more diligent while framing certain sector specific laws.
A: Yes, that is true, but not in its entirety. For instance, India, being a developing nation in itself, but with its technological development in the realm of space technology it has and continues to achieve new heights. India not only launches its own satellite but its launching facilities are being used by other countries as well. India has moved from space technology development towards space commercialisation.
A: Both India and Sri Lanka not only share cordial and friendly relations but they are also a part of SAARC which is a strong entity in Asia. India has signed Space Cooperation agreements with many a friendly countries like Thailand, Malaysia, UK, etc. So much so that today India has enviable stature of offering its space launching pads to many of these countries. Similarly, space cooperation agreements can be initiated between India and Sri Lanka which will not only be mutually-beneficial but it will also promote greater goodwill and mutual understanding between the two neighbouring countries.
A: It is very important for any nation venturing into space to have a domestic/national space law. Developing an ecosystem for the growth of space commerce often gets hit by many rudimentarily designed international and national legal framework which many at times fails to regulate the outer space activities. In the realm of space and space commerce in particular, many private sector enterprises including start-ups face peculiar problem of market acceptability and long gestational period, high risks involved and most dangerously, un-predictability of the legal liability system. However, it is necessary that all the countries interested in space programmes should abide by the well-established international space law including the United Nations Charter.
A: This will be a very crucial step for the SAARC region. A satellite to benefit all SAARC member countries in different fields like weather data exchanges, disaster management, telecommunication and telemedicine. The work on this satellite has already begun at the Indian Space research Organisation (ISRO), and the satellite is expected to be launched by the end of 2016. After remaining indecisive about this project for long, Pakistan has finally decided to opt out of the SAARC satellite project. Now, India would launch this satellite not as a satellite for SAARC, but as a South Asia satellite. Once this satellite is launched, it will represent the region’s unity and marks the beginning of a new space era.
A: There is a misperception that space is a luxury of the developed countries which developing countries like Sri Lanka should not prioritise. To a certain degree this argument carried conviction but no so in today’s altered use of space programmes. Space research which includes among others launching satellites to cater to several development sectors such as education, environment, telecommunication, defence, coastal zone management, maritime security have become integral to the development and growth strategies of countries like Sri Lanka.
A: The island republic is crucially and critically located in the east-west maritime highway of Indian Ocean. Now historically, including today, Sri Lanka had been used for strategic purposes by great powers. Even today, competitive geo-politics are inviting the attention of great powers to take advantage of the island’s strategic location. Additionally, unfortunately asymmetrical security threats like piracy, poaching, terrorism, etc. are posing serious threats to the maritime security of Sri Lanka. Therefore, a sophisticated satellite surveillance system can immensely serve the country’s security interests.
A: In the immediate future it may not be possible to develop the island into a satellite hub. The prerequisites for such hub are advanced space technology, research personnel, investment potential, etc. Given the current lack of space activities in Sri Lanka, talk of a satellite hub is premature.
A: Yes, absolutely. Private entities are entering into crucial infrastructure sectors and in association with the public entities. PPPs offer the public sector potential cost, quality and scale advantages in achieving infrastructure service targets. However, PPPs are different to the traditional public sector route and these differences require adaptation of approach and capabilities in the public sector. There are also some new costs associated with PPPs.
A: It depends upon the choice of the political leadership whether to permit Lanka’s airspace to foreign countries. This is a sensitive issue which needs to be debated seriously before Colombo takes a policy decision enabling foreign involvement in Lanka’s airspace domain.
A: Before launching a space programme which is a costly affair, the Government needs to educate the common public about the socio-economic benefits of public investment in satellite programmes. Even in other developing countries like India, when space programmes were initiated, there was severe criticism on the grounds of its financial viability. Therefore space technology as a public utility domain needs to be popularised by the Government.
A: Space defence is a concept wherein outer space is being predicted to be the final frontier where the next world war will happen. On present trends, however, the next two decades will witness a global arms race in space, culminating in a sophisticated weapons system being placed in orbit.
The trend started way back in 1960s when US and USSR started the arms race with USSR testing the first-ever satellite in the low orbit satellite system. The US in response to the Soviet tests, launched a series of space programmes showcasing its technological capabilities. Ever since several other countries began misusing the space for defence purposes. As the space is being militarised, nations are making serious efforts to discourage defence activities in the realm of space.
A: There is within India growing realisation by informed people including strategic analysts that Indian interference resulting in the violation of Lanka’s aerial sovereignty was a hasty decision. It is argued that all available diplomatic options were not exhausted. For example, late P.V. Narsimha Rao, then serving as India’s Foreign Minister, cautioned against the extreme step of aerial interference in a neighbouring country’s sovereignty.
A: There are important international legal forums which can address the grievances of airspace violation by one country against alleged intervention by another country. First, a country can approach the International Civil Aviation Organization (ICAO) Council which carries a quasi-judicial power. If the aggrieved country is not satisfied with its decision, then it can approach the International Court of Justice (ICJ).
A: One of the biggest dangers/challenges of air space defence is that it is being viewed as a potential arena for future wars. Outer space by its very nature is such that even a small piece of unregulated matter can cause damage to the tune of millions. One can imagine its impact when it is being considered as a potential battlefield. This is further complicated by ambiguous concepts.
For instance, one cannot differentiate between militarisation and weaponisation. Militarisation is the build up to a state of conflict and broadly encompasses any activity that furthers this objective. Weaponisation, by contrast, means actively developing or deploying a weapon. In the context of outer space, this was seen way back in 1957 when USSR had put Sputnik 1 in the Outer Space. Now many countries are developing military capacities in space and space technology plays an extremely crucial role in guiding the armed forces for command and control, communication, monitoring, early warning, and navigation with the Global Positioning System (GPS). The concern here is the dual use nature of these technologies. Furthermore, the issue of space debris is also one of the major concerns here.
A: As already explained above, it can steadily cater to some of the socio-economic requirements of the Lankan society. Sri Lanka can emulate the experiences of countries like India, Thailand, and Malaysia which have been applying space technology for development purposes of the society.
A: Gone are those days when students were highly influenced by the creamy layer of career options, say doctors and engineers, and began chasing them ever since they cleared their 10th class examinations. The modern lifestyle and advanced technologies has given way for myriad alternatives to pursue a career in law and space law in particular. One among them is space science. If the new discoveries about the solar system or studying satellites and their connection with the Earth have urged that dream within you, then it’s time that you fulfil it and make your country proud.
Space technology, or space science, is a broad term in itself, which includes astronomy and astrophysics, planetary atmospheres and aeronomy, earth sciences, and solar system studies. Initially, these four disciplines were broadly classified under astronomy, but the recent boom has led to the categorisation of space science into numerous sub-branches, some of them being cosmology, stellar science, planetary science, astronomy, astrology, and so on. This branch of science, or engineering, revolves around studying the Universe, excluding the Earth and outside the Earth’s atmosphere. Ever since India launched its satellite Rohini-1 from Sriharikota Island, space exploration and technology has continued to bring great honour and respect to the country.
A: I was extremely happy and privileged to deliver the space law lecture series at KDU. The participants came from a diverse background and their interactive participation made the lecture series a learning experience for me as well. I met numerous learned faculty members and students. Their punctuality was commendable. I am very glad about the great enthusiasm emancipated by the participants in trying to know at length the various space related activities. There has been a highly-demonstrated enthusiasm to seek details of space information from me. The level of interaction by the delegates has been very mature.
I would also like to take this opportunity to thank the Moragoda International Law Trust and in particular I would like to thank Dr. Moragodage Christopher Walter Pinto, who was former member of International Law Commission and Secretary-General to Iran-United States Claims Tribunal and former Sri Lankan Ambassador to Switzerland, for giving me this opportunity to visit their country and university and conduct these engaging lecture series.
A: The space era began in 1957 with the successful launch of Sputnik 1 by the former Soviet Union. From 1957 to date, many developments, including communication, meteorology, disaster mitigation, oceanography, etc. have been covered by space service. These rapid strides in the application of space technology to the public domain, has opened several vistas into exploring the further areas of mankind to avail the space applications. So as societies develop and advance into new areas of development, the dependency and the need to utilise space related applications will also commensurately increase. Going by the past record, it is reasonable to hypothesise that in the next 10-year period, more and more countries will look to the space as an instrument of development objectives. However caution needs to be exercised against space being increasingly turned into a competitive domain between nations.
