REMARKABLE progress in the commercial utilisation of space and innovation in satellite technology have significantly contributed to improvement in quality of life.

The doctrine of res communis mandates that space, including the moon and celestial bodies, are public domain for equal use and considered a common heritage. Developing countries like Pakistan have also benefited from the commercial utilisation of outer space. In November 2011, Pakistan’s first geostationary communication satellite, Paksat-1R, was launched as a part of Space Programme 2040. In July 2011, the National Command Authority had approved the Space Programme 2040.

With successful deployment of Paksat-1R, Pakistan has become one of the 10 countries in the world with communication satellites in orbit. Space technology has opened up a gateway of global opportunities to provide advanced satellite communications services in the fields of broadband data Internet, TV broadcasting, rural telephony and telemedicine to various national and international organisations in Eastern Europe, South and Central Asia, the Far East and East Africa.

With increasing space commercialisation trends in recent years, the need for national space legislation is imperative. Pakistan has been working on a communication satellite programme since 1990 but has not incorporated any international space treaty into domestic law to regulate space activities and satellite communication services. International space law is embodied in several treaties of the United Nations.

In 1958, the UN General Assembly created a Committee on the Peaceful Uses of Outer Space for discussion and codification of international space law. The committee, after rigorous legal work, has introduced five international space treaties governing the activities of states in the exploration and peaceful use of outer space. These treaties serve as a legal basis for development of national space legislation.

Pakistan is party to all five treaties. These are the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space (Outer Space Treaty of 1967); the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space (Rescue Agreement of 1968); the Convention on International Liability for Damage Caused by Space Objects (Liability Convention of 1972); the Convention on Registration of Objects Launched into Outer Space (Registration Convention of 1975) and the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (Moon Agreement of 1979).

International space treaties deal with commercial utilisation of space by any country, arms control in space, liability for damage caused by space objects, the safety and rescue of spacecraft and astronauts, the prevention of harmful interference with space activities and the environment, the notification and registration of space activities, scientific investigation and the exploration of natural resources in outer space and settlement of disputes.

The UN’s international legal regime imposes a significant responsibility on every contracting state to fulfil its international obligations arising out of signing outer space treaties. In this regard, Article VI of the Outer Space Treaty, 1967, provides that “State parties … shall bear international responsibility for national activities in outer space, including the Moon and other celestial bodies, whether such activities are carried on by governmental agencies or by non-governmental entities, and for assuring that national activities are carried out in conformity with the provisions set forth in the Outer Space Treaty”.

In addition, Article 26 of the Vienna Convention on the Law of Treaties, 1969, prescribes that every treaty in force is binding upon the contracting parties to it and must be performed by them in good faith. However, Pakistan never took its international obligations towards national space legislation seriously.

Pakistan follows a dualist system with respect to enacting international treaties into national law. This means an international treaty becomes law only when it is incorporated into domestic law through legislation. In this regard, Article 70(4) of the constitution of Pakistan confers power to parliament to make laws for implementing international obligations arising from international treaties under the Federal Legislative List, Fourth Schedule, Part I, Item 32. As per Article 142(a) of the constitution, parliament has exclusive power to make laws with respect to any matter in the Federal Legislative List and what was the Concurrent Legislative List.

However, the subject of ‘space’ is not mentioned. Therefore, there is no room for space legislation in Pakistan due to lack of constitutional authority. Pakistan has been working on space activities for several decades but the provision of national legislation is not provided in the constitution despite various constitutional reforms, especially the 18th Amendment Act of 2010.

National space legislation is necessary because Pakistan is increasingly looking to offer satellite communication services and investment in private commercial ventures. Without a comprehensive regulatory framework many countries are unable to adequately deal with the complex legal issues of the emerging commercial space industry.

The US and Russia were the first countries to introduce a regulatory framework at the national level to govern space-related activities. In the Asia-Pacific region, Australia, Japan and South Korea have also implemented space laws. Countries like Argentina, Canada, the UK, France, Sweden, Ukraine, Israel and South Africa have national space legislation in different forms to govern space activities. Similarly, India and China are also working on formulation of national space laws in order to harmonise the domestic legal environment with the UN treaties on outer space.Pakistan, with advancement in space capabilities, is offering satellite communication services to a wide array of customers. Therefore, it is essential to enact national space laws in order to respond to the diversified issues faced by the public and private sector in the international legal environment.

The writer is an aviation and space lawyer.

shahmurad@live.com