In this post, the author attempts to explore the divergent perspectives held by the United States, Europe, and India on the phrase “procures the launch” in defining a “launching State.” While the USA traditionally maintains a conservative stance, excluding non-state actors from liability, Europe and India have been more inclusive. The article advocates for the USA to reconsider its position, suggesting amendments to legislation that would acknowledge government involvement in private launches, even beyond its territorial jurisdiction. By embracing a broader definition of a ‘launching state’ and adopting joint and several liability, the USA can align its space regulations with international standards, fostering a balance between private space exploration and global responsibility.
We are delighted to bring you all this special episode of TCLF One-On-One. We were honoured to host Ms. Upasana Dasgupta as our guest for this episode. Theme- Indian Space Policy, Space Tourism and the Outer Space Treaty The Possibility of an Indian Space legislation. The Legal Challenges of Space Tourism. Data Governance in Outer …
In this article, the author highlights the lacunae in traditional public international law with respect to data governance in outer space. To solve this issue, the author suggests reliance on the concept of ‘transnational law’ and states that surveillance by nations and data transfer by private entities should be governed through both private and public legal mechanisms.