A 3D image of the Vikram lander. ISRO created the image by using the anaglyph technique. Anaglyph is a simple visualization of the object or terrain in three dimensions from stereo or multi-view images. Photo: X/@isro via PTI

The Indian Space Research Organisation (ISRO) is looking to awaken the Chandrayaan-3’s Vikram Lander and Pragyan Rover as dawn will be breaking on the moon on September 22.

The lander and the rover went to sleep after the end of one lunar day (14 earth days).

On September 2, the Pragyan was put in sleep mode and two days later on September 4, the space agency put Vikram too in sleep mode with its payloads switched off. Both the Vikram’s and Pragyan’s receivers however have been kept on.

Now, on September 22, with sunlight back on the moon, ISRO is hoping that their solar panel would get charged and that it could establish contact with the two.

Also Read | What helped Vikram lander to soft-land on the moon 

Once the sun sets on the moon after the completion of one lunar day, temperature could plunge below minus 200°C.

“The temperature there goes down to -200 degrees [Celcius]. In such an environment, there is no guarantee that the battery, electronics will survive, but we did some tests and we get the feeling that they will survive even in such harsh conditions,” Mr. Somnath had said earlier.

Since their landing on the moon on August 23, Vikram and Pragyan have carried out many in-situ measurements like confirmation of the presence of Sulphur in the region, and detecting the presence of minor elements, among others.

Vikram also achieved a significant milestone as it successfully undertook a hop experiment when the lander on command fired the engines, elevated itself by about 40 cm, and landed safely at a distance of 30–40 cm away.

Also Read | Chandrayaan-3 | Vikram hops on the Moon and lands safely

This successful hop experiment and kickstart could have significant bearing on the future missions which are launched with an objective to bring back samples from the moon and also future human missions to the moon.

If ISRO manages to wake up Vikram and Pragyan it would be a bonus for the space agency as it would be hoping to carry out some more experiments on the moon.

The Chandrayaan-3 spacecraft was launched on July 14 and touched down on the lunar surface on August 23, making India the fourth country to successfully land on the moon, and the first nation to touch down on the polar region of the moon.

The story so far: In a historic feat, the Chandrayaan-3 lander touched down near the south pole of the moon on August 23. The landing follows on the heels of Russia’s failure to land its Luna-25 on the lunar south pole after it crashed owing to an engine malfunction.

This was closely followed on September 2, by the successful launch of solar research mission Aditya L-1, a space-based observatory to observe the sun.

India now joins an elite club of four countries which have placed a spacecraft on the lunar surface, after the United States, Soviet Union, and China. But it is the first to do so close to the south pole, where there is evidence of the presence of water.

Although India spends significantly less on its space programme compared to spacefaring nations such as the U.S. or China, these space ventures are only the beginning of its orbital ambitions. By 2025, India seeks to launch its first crewed mission, called Gaganyaan.

The country has also recently signed the U.S.-drafted Artemis Accords — a set of non-binding principles designed to guide civil space exploration and use in the 21st century. 

India is joined by national space agencies and private companies alike in a new international space race to land on the moon. Japan plans to launch a lunar lander after a Japanese company’s spacecraft crashed a similar landing in April this year. An Israeli nonprofit tried to achieve a similar feat in 2019, but its spacecraft was destroyed on impact.

Space missions further a nation’s commercial and strategic interests, and also help it secure a place on the world stage. In the wake of this unprecedented space race, a key question arises — what are the international laws and domestic regulations that govern such ventures into space?

The international legal framework for space ventures

Ever since the grand space race of the 1960s between the Soviet Union and the United States, nation-states have come together to deliberate and create a legal framework to govern access to space and maintain space neutrality— including deterring attempts to weaponise space.

A grand panoply of five United Nations treaties is generally thought to form the bedrock of international space law, starting with the Outer Space Treaty of 1967– often called the magna carta of space law. Of these, India has ratified four and signed one.

The UN, in its policy brief “For All Humanity — The Future of Outer Space Governance,” recently recommended the development of a new treaty to ensure peace, security, and the prevention of an arms race in outer space. A UN Summit of the Future is also scheduled for September 2024 in New York, with advancement of the peaceful and sustainable use of outer space a potential area of work.

Besides the five key treaties, there are also five declarations pertaining to space activities. The first is the ”Declaration of Legal Principles Governing the Activities of States in the Exploration and Uses of Outer Space” —adopted via a General Assembly resolution in 1963. The others include those governing the use of satellites for television broadcasting, remote sensing from outer space, and use of nuclear power sources in outer space. A fifth one relates to international cooperation in space exploration for the benefit of all states, particularly developing countries. This is joined by other UN General Assembly resolutions, which, though non-binding, help guide international action on this issue and may shape consensus in the space community.

One of the core tenets that guide international space law is res communis— the concept of ownership in common by mankind of certain natural resources. A non-space example would be the resources of the high seas (governed by the United Nations Convention on the Law of the Sea), or airspace above the Arctic.

The five treaties

The “Outer Space Treaty”

More formally known as the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, the Outer Space Treaty was opened for signature on January 27, 1967, and entered into force on October 10, 1967.

Often hailed as the Magna Carta of space law, this treaty binds its signatories to use outer space only for peaceful purposes. It prohibits the weaponisation of space, whether through nuclear or other weapons. Further, no country can claim sovereignty over the moon or other celestial bodies, and must carry out space ventures openly. The treaty also dictates that countries are responsible for their activities in space, being liable for damage caused by any objects launched into space from their territory. They must also help astronauts who are in distress, and space installations and vehicles of one nation are to be open for representatives of other nations on a reciprocal basis.

The “Rescue Agreement”

The Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space (ARRA) entered into force on December 3, 1968. It deals with the obligation of nations towards astronauts, particularly in distress and emergency situations, and return of space objects. This includes rescue, assistance and return of astronauts.

While never put in action as far as rescue of astronauts was concerned, (and called a ‘sleeping beauty’ by a 2008 paper for not receiving as much fanfare as the other treaties), the treaty has been applied for rescue of space objects.

The “Liability Convention”

Officially the Convention on International Liability for Damage Caused by Space Objects this convention entered into force on September 1, 1972. Under this treaty, a nation launching an object into space will be liable to compensate any damages incurred on the earth’s surface or to aircraft. It will also be liable for any damage caused in outer space owing to its fault. The Convention also outlines a process to seek settlements of claims for damage.

Notably, the convention still leaves certain gaps: there is no provision for damage caused by a rocket crashing back down to earth.

The “Registration Convention”

The Convention on Registration of Objects Launched into Outer Space, which entered into force on September 15, 1976, is a “relatively simple and simple and down-to-earth treaty consisting of just 12 Articles elaborating one rather straightforward concept: the registration of space objects.” Under the terms of the treaty, nations are required to register details about every object launched into space, whether into earth orbit or beyond, in a registry and furnish them to the United Nations.

The “Moon Agreement”

Generally referred to as the “Moon Agreement,” the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies was introduced by the UN Office for Outer Space Affairs in 1979. However, it only entered into force on July 11, 1984.

The Moon Agreement provides that the moon and other celestial bodies should be used only for peaceful purposes— reaffirming a key element of the Outer Space Treaty. It also notes that their environments should not be disrupted, and the UN should be informed of the location and aim of any station established on such a body.

Also read: Why India should exit the Moon Agreement

Perhaps most importantly- the agreement provides that the moon and its natural resources are the common heritage of mankind. It indicates that an international regime to regulate exploitation of such resources should also be put in place.

What are the Artemis Accords and do they conflict with international space laws?

The Artemis Accords are a set of non-binding guidelines for international partners who wish to participate in NASA’s ambitious Artemis programme. The programme, co-led by the U.S. Department of State, aims to return people to the moon in 2024, including the first woman and person of colour. So far 28 countries have signed the Artemis Accords. Although the agreement does not constitute binding international law, the U.S. reportedly seeks to develop it into customary international law through broad international consensus.

Artemis mirrors a Chinese-Russian plan for an ‘International Lunar Research Station’ (ILRS) which aims to set up a permanent base and a lunar satellite constellation. Like the Artemis, the ILRS too is open to collaboration with other nations. In June 2021, the China National Space Administration and Russia’s state space corporation, Roscosmos, published a partnership guide to this effect.

Experts have however flagged that the Artemis Accords violate the Outer Space Treaty of 1967, ratified by 110 countries including the U.S. and India. As outlined above, the treaty gives all nations ‘free access to all areas of celestial bodies’ and underscores that the moon and other celestial bodies cannot be subject to national appropriation, whether by claims of sovereignty or otherwise. This principle of non-appropriation is seemingly violated by Section 10(2) of the Accords, which stipulates that ‘the Signatories affirm that the extraction of space resources does not inherently constitute national appropriation.’

Moreover, Section 11 states that signatories will support the development of ‘safety zones’ to ensure that states do not come into conflict with one another. Although this provision may be viewed as advancing the principle of ‘due regard’ specified in Article 9 of the 1967 Treaty, earmarking such zones can result in de facto appropriation of lunar areas and the alienation of other states— in stark contrast with the freedom of exploration and use promised by the treaty.

The provisions of the Accords are also in conflict with the Moon Agreement— which, as mentioned above, designates outer space as the common heritage of mankind and precludes commercial entities from taking possession of lunar natural resources.

But, as Senjuti Mallick, a space law expert working at aerospace tech company COMSPOC highlights, while the Moon Agreement “places a moratorium on resource appropriation” until an international regime is established, it has not been widely ratified, including by the U.S. and other leading space-faring nations.

Lunar mining — a legal gray zone

Space is seeing a host of new entrants— private commercial players. In 2020, NASA awarded contracts to four companies to extract small amounts of lunar regolith by 2024 — beginning the era of commercial space mining.

Celestial bodies, including the moon and asteroids, are potentially rich sources for natural resources to counter the fast depletion of those on earth. Recent probes have concluded that the moon contains substantial amounts of water in its craters at the lunar poles. The Laser-Induced Breakdown Spectroscopy (LIBS) instrument abroad the Pragyan rover recently confirmed the presence of sulphur.“Preliminary analyses have unveiled the presence of Aluminum (Al), Sulphur (S), Calcium (Ca), Iron (Fe), Chromium (Cr), and Titanium (Ti) on the lunar surface. Further measurements have revealed the presence of manganese (Mn), silicon (Si), and oxygen (O). Thorough investigation regarding the presence of Hydrogen is under way,” the ISRO said.

In a 2018 paper, Ms. Mallick and her co-author highlighted that NASA “estimated that the value of asteroids out there could be in the vicinity of US$700 quintillion – that amount is roughly equivalent to US$95 billion for each of us here on Earth.” The paper also lists some other rare metals potentially available in space- lithium, cobalt, nickel, copper, zinc, niobium, molybdenum, lanthanum, europium, tungsten, and gold.

As entrepreneurs and space-faring nations look to harness lunar resources, the access to them remain entangled in the realities of economics and international laws and diplomacy.

Notably, India’s Chandrayaan 3 mission highlights the legal gray zone for lunar mining. The non-appropriation clauses in the international treaties prevent nations from laying a claim over celestial bodies; however, they do not explicitly prohibit owning and using resources once they are extracted. In fact, the Moon Agreement proscribes commercial exploitation of planets and asteroids by states unless an international regime is established to govern such activities for ‘rational management’, ‘equitable sharing’, and ‘expansion of opportunities’ in the use of these resources.

Taking advantage of this loophole, countries like the U.S., Luxembourg, United Arab Emirates, and Japan have promulgated domestic laws that permit companies to claim exclusive ownership over extracted resources. In 2015, the U.S. government introduced the US Commercial Space Launch Competitiveness Act, 2015 — the first national law recognising the property rights of private entities over space resources, allowing U.S. citizens to claim such rights. It does not, however, allow any claim of property in situ.  In essence, property rights can be conferred for the resource in question as long as it is located on or within the celestial body, implying that the celestial body itself is not covered by ownership regulations. This was followed by a 2020 Executive Order that reiterated the country’s commitment to developing property rights to space resources, rejected the Moon Agreement and solicited international cooperation. 

In 2017, Luxembourg followed suit, enacting the Law on Use of Resources in Space Act and creating the Luxembourg Space Agency. Per this law, space resources can be appropriated, but only licensed activities according with Luxembourg’s obligations are permitted. While acknowledging the requirements of the 1967 Treaty, it does not set aside a section of profits for redistributive purposes, considered by some nations as an obligation for mining nations. Unlike the U.S. legislation, this Act does not require a company’s major stakeholders to be based in the country, although it requires the company to be incorporated or have its central administration office in Luxembourg. So far countries such as Japan, Portugal, and the UAE have signed cooperation agreements with Luxembourg to carry out space mining operations.

In December 2019, the U.A.E. passed Federal Law No. 12 on the Regulation of the Space Sector that applies to citizens and companies headquartered in the country. While not directly stating that space resources can be exploited, it includes in its list of regulated space activities both ‘Space Resources exploration or extraction activities’ and ‘activities for the exploration and use of Space Resources for scientific, commercial or other purposes.’ Importantly, unlike other domestic space laws, this legislation includes liability provisions under which the operator could be held liable if U.A.E breaks the 1967 treaty.

In 2021, Japan became the fourth country to enact a law of this nature — the Act on Promotion of Business Activities Related to the Exploration and Development of Space Resources (Act No. 83 of 2021). It allows companies to gain property rights over space resources only if the government approves their notified objectives, timing, and methods of research. It does not differentiate between resources on or within a celestial body and the celestial body itself but acknowledges the need to comply with international laws. Explicitly recognising a private party’s ability to own resources extracted from space, Article 5 states that a person who gains possession of space resources through activities conducted pursuant to their permit owns those resources when they ‘possess the resource with an intention to own it.’

India’s space policy 2023 — entry of private players and scope for space mining

Efforts to open the Indian space industry to private companies have been in the pipeline for quite some time. In fact, Chandrayaan-3 represents a significant milestone in this endeavour, as a joint project between ISRO and the Indian private sector. 

A draft Space Activities Bill was introduced in 2017 which went through a long consultative process. However, it lapsed in 2019 with the outgoing Lok Sabha. A new bill was expected by 2021; however, ISRO instead released the Indian Space Policy 2023 on April 20 this year with the vision to ’enable, encourage and develop a flourishing commercial presence in space’.

A notable feature of the policy is encouraging the private sector to engage in extraction and development of space resources such as space solar power, asteroid mining, and lunar mining. The policy stipulates that any NGE (Non-Governmental Entities) shall be entitled to possess, own, transport, use, and sell any such asteroid resource or space resource obtained in accordance with applicable law, including India’s international obligations.

The policy also states that ISRO will move out of manufacturing space systems, and instead focus only on advancing space R&D and contributing to areas of space exploration that are of national interest. Manufacturing and operations will be handled by NewSpace India Limited (NSIL) — a public sector unit set up in 2019 under the Department of Space as the commercial arm of ISRO. Finally, the Indian National Space Promotion & Authorisation Centre (IN-SPACe) is expected to create a ‘stable and predictable regulatory framework’ that will ensure a level playing field for the NGEs. 

Other than the space policy of 2023, the Indian space industry is also subject to certain articles of the Constitution, the Satellite Communications Policy, 2000 and the revised Remote Sensing Data Policy, 2011.

Article 51 of the Constitution aims to promote international peace and harmony and maintain honourable relations between nations. Article 73 stipulates that the Union’s executive power extends to the exercise of any rights exercisable by the Indian government by virtue of a treaty or agreement. Under Article 253, the Indian Parliament may legislate on List 1 and List 2 subjects to implement any international treaty, agreement or convention. However, without such express legislation, there is no mechanism for international treaties to be subsumed into domestic law.

Does India need a domestic space law?

Ms. Mallick points out that for developing countries, the need for a space law is even more pronounced, as it can “serve as a foundation for capacity-building efforts, guiding the development of relevant skills and knowledge, attract investment and promote the growth of a domestic space industry, and effectively utilize space resources for societal benefit in various sectors such as disaster management, agriculture, and urban planning.”

When asked about the form such a law may take, Ms. Mallick said it could consist of “exhaustive regulatory frameworks,” covering heads like “licensing procedures, liability scheme, international agreements, space debris mitigation, space traffic management, launch and re-entry of spacecraft, and national security considerations.”

As of date, the UN Office for Outer Space Affairs lists 43 nations that have domestic space laws, based on submissions by nations. Further, the UN’s Space Law for New Space Actors project, on request, aids members with drafting or revising national space law to be in line with the international space law regime.

There is also some regional co-operation to establish a legal framework, in the form of the Asia-Pacific Regional Space Agency Forum National Space Legislation Initiative. The initiative promotes information sharing and engages in capacity building pertaining to drafting and implementing of national space laws, in the Asia-Pacific region.

Another key reason for a cohesive space law framework according to Ms. Mallick— is space sustainability and the prevention of damage by space debris. These “ trackable orbital debris objects exist alongside thousands of untracked smaller fragments, traveling at extremely high velocities.“ Further, as the amount of space debris only increases, “and as orbits become more congested, the probability of new collisions further multiplies, risking the Kessler Syndrome.”

Data | Small debris orbiting Earth pose threats to space assets 

The Kessler Syndrome is named for NASA space debris expert Don Kessler, who observed that past a certain critical mass, the total amount of space debris will grow, spurred by a chain reaction as collisions lead to more space debris, which in turn cause more collisions.

The story so far: In a historic feat, the Chandrayaan-3 lander touched down near the south pole of the moon on August 23. The landing follows on the heels of Russia’s failure to land its Luna-25 on the lunar south pole after it crashed owing to an engine malfunction.

This was closely followed on September 2, by the successful launch of solar research mission Aditya L-1, a space-based observatory to observe the sun.

India now joins an elite club of four countries which have placed a spacecraft on the lunar surface, after the United States, Soviet Union, and China. But it is the first to do so close to the south pole, where there is evidence of the presence of water.

Although India spends significantly less on its space programme compared to spacefaring nations such as the U.S. or China, these space ventures are only the beginning of its orbital ambitions. By 2025, India seeks to launch its first crewed mission, called Gaganyaan.

The country has also recently signed the U.S.-drafted Artemis Accords — a set of non-binding principles designed to guide civil space exploration and use in the 21st century. 

India is joined by national space agencies and private companies alike in a new international space race to land on the moon. Japan plans to launch a lunar lander after a Japanese company’s spacecraft crashed a similar landing in April this year. An Israeli nonprofit tried to achieve a similar feat in 2019, but its spacecraft was destroyed on impact.

Space missions further a nation’s commercial and strategic interests, and also help it secure a place on the world stage. In the wake of this unprecedented space race, a key question arises — what are the international laws and domestic regulations that govern such ventures into space?

The international legal framework for space ventures

Ever since the grand space race of the 1960s between the Soviet Union and the United States, nation-states have come together to deliberate and create a legal framework to govern access to space and maintain space neutrality— including deterring attempts to weaponise space.

A grand panoply of five United Nations treaties is generally thought to form the bedrock of international space law, starting with the Outer Space Treaty of 1967– often called the magna carta of space law. Of these, India has ratified four and signed one.

The UN, in its policy brief “For All Humanity — The Future of Outer Space Governance,” recently recommended the development of a new treaty to ensure peace, security, and the prevention of an arms race in outer space. A UN Summit of the Future is also scheduled for September 2024 in New York, with advancement of the peaceful and sustainable use of outer space a potential area of work.

Besides the five key treaties, there are also five declarations pertaining to space activities. The first is the ”Declaration of Legal Principles Governing the Activities of States in the Exploration and Uses of Outer Space” —adopted via a General Assembly resolution in 1963. The others include those governing the use of satellites for television broadcasting, remote sensing from outer space, and use of nuclear power sources in outer space. A fifth one relates to international cooperation in space exploration for the benefit of all states, particularly developing countries. This is joined by other UN General Assembly resolutions, which, though non-binding, help guide international action on this issue and may shape consensus in the space community.

One of the core tenets that guide international space law is res communis— the concept of ownership in common by mankind of certain natural resources. A non-space example would be the resources of the high seas (governed by the United Nations Convention on the Law of the Sea), or airspace above the Arctic.

The five treaties

The “Outer Space Treaty”

More formally known as the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, the Outer Space Treaty was opened for signature on January 27, 1967, and entered into force on October 10, 1967.

Often hailed as the Magna Carta of space law, this treaty binds its signatories to use outer space only for peaceful purposes. It prohibits the weaponisation of space, whether through nuclear or other weapons. Further, no country can claim sovereignty over the moon or other celestial bodies, and must carry out space ventures openly. The treaty also dictates that countries are responsible for their activities in space, being liable for damage caused by any objects launched into space from their territory. They must also help astronauts who are in distress, and space installations and vehicles of one nation are to be open for representatives of other nations on a reciprocal basis.

The “Rescue Agreement”

The Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space (ARRA) entered into force on December 3, 1968. It deals with the obligation of nations towards astronauts, particularly in distress and emergency situations, and return of space objects. This includes rescue, assistance and return of astronauts.

While never put in action as far as rescue of astronauts was concerned, (and called a ‘sleeping beauty’ by a 2008 paper for not receiving as much fanfare as the other treaties), the treaty has been applied for rescue of space objects.

The “Liability Convention”

Officially the Convention on International Liability for Damage Caused by Space Objects this convention entered into force on September 1, 1972. Under this treaty, a nation launching an object into space will be liable to compensate any damages incurred on the earth’s surface or to aircraft. It will also be liable for any damage caused in outer space owing to its fault. The Convention also outlines a process to seek settlements of claims for damage.

Notably, the convention still leaves certain gaps: there is no provision for damage caused by a rocket crashing back down to earth.

The “Registration Convention”

The Convention on Registration of Objects Launched into Outer Space, which entered into force on September 15, 1976, is a “relatively simple and simple and down-to-earth treaty consisting of just 12 Articles elaborating one rather straightforward concept: the registration of space objects.” Under the terms of the treaty, nations are required to register details about every object launched into space, whether into earth orbit or beyond, in a registry and furnish them to the United Nations.

The “Moon Agreement”

Generally referred to as the “Moon Agreement,” the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies was introduced by the UN Office for Outer Space Affairs in 1979. However, it only entered into force on July 11, 1984.

The Moon Agreement provides that the moon and other celestial bodies should be used only for peaceful purposes— reaffirming a key element of the Outer Space Treaty. It also notes that their environments should not be disrupted, and the UN should be informed of the location and aim of any station established on such a body.

Also read: Why India should exit the Moon Agreement

Perhaps most importantly- the agreement provides that the moon and its natural resources are the common heritage of mankind. It indicates that an international regime to regulate exploitation of such resources should also be put in place.

What are the Artemis Accords and do they conflict with international space laws?

The Artemis Accords are a set of non-binding guidelines for international partners who wish to participate in NASA’s ambitious Artemis programme. The programme, co-led by the U.S. Department of State, aims to return people to the moon in 2024, including the first woman and person of colour. So far 28 countries have signed the Artemis Accords. Although the agreement does not constitute binding international law, the U.S. reportedly seeks to develop it into customary international law through broad international consensus.

Artemis mirrors a Chinese-Russian plan for an ‘International Lunar Research Station’ (ILRS) which aims to set up a permanent base and a lunar satellite constellation. Like the Artemis, the ILRS too is open to collaboration with other nations. In June 2021, the China National Space Administration and Russia’s state space corporation, Roscosmos, published a partnership guide to this effect.

Experts have however flagged that the Artemis Accords violate the Outer Space Treaty of 1967, ratified by 110 countries including the U.S. and India. As outlined above, the treaty gives all nations ‘free access to all areas of celestial bodies’ and underscores that the moon and other celestial bodies cannot be subject to national appropriation, whether by claims of sovereignty or otherwise. This principle of non-appropriation is seemingly violated by Section 10(2) of the Accords, which stipulates that ‘the Signatories affirm that the extraction of space resources does not inherently constitute national appropriation.’

Moreover, Section 11 states that signatories will support the development of ‘safety zones’ to ensure that states do not come into conflict with one another. Although this provision may be viewed as advancing the principle of ‘due regard’ specified in Article 9 of the 1967 Treaty, earmarking such zones can result in de facto appropriation of lunar areas and the alienation of other states— in stark contrast with the freedom of exploration and use promised by the treaty.

The provisions of the Accords are also in conflict with the Moon Agreement— which, as mentioned above, designates outer space as the common heritage of mankind and precludes commercial entities from taking possession of lunar natural resources.

But, as Senjuti Mallick, a space law expert working at aerospace tech company COMSPOC highlights, while the Moon Agreement “places a moratorium on resource appropriation” until an international regime is established, it has not been widely ratified, including by the U.S. and other leading space-faring nations.

Lunar mining — a legal gray zone

Space is seeing a host of new entrants— private commercial players. In 2020, NASA awarded contracts to four companies to extract small amounts of lunar regolith by 2024 — beginning the era of commercial space mining.

Celestial bodies, including the moon and asteroids, are potentially rich sources for natural resources to counter the fast depletion of those on earth. Recent probes have concluded that the moon contains substantial amounts of water in its craters at the lunar poles. The Laser-Induced Breakdown Spectroscopy (LIBS) instrument abroad the Pragyan rover recently confirmed the presence of sulphur.“Preliminary analyses have unveiled the presence of Aluminum (Al), Sulphur (S), Calcium (Ca), Iron (Fe), Chromium (Cr), and Titanium (Ti) on the lunar surface. Further measurements have revealed the presence of manganese (Mn), silicon (Si), and oxygen (O). Thorough investigation regarding the presence of Hydrogen is under way,” the ISRO said.

In a 2018 paper, Ms. Mallick and her co-author highlighted that NASA “estimated that the value of asteroids out there could be in the vicinity of US$700 quintillion – that amount is roughly equivalent to US$95 billion for each of us here on Earth.” The paper also lists some other rare metals potentially available in space- lithium, cobalt, nickel, copper, zinc, niobium, molybdenum, lanthanum, europium, tungsten, and gold.

As entrepreneurs and space-faring nations look to harness lunar resources, the access to them remain entangled in the realities of economics and international laws and diplomacy.

Notably, India’s Chandrayaan 3 mission highlights the legal gray zone for lunar mining. The non-appropriation clauses in the international treaties prevent nations from laying a claim over celestial bodies; however, they do not explicitly prohibit owning and using resources once they are extracted. In fact, the Moon Agreement proscribes commercial exploitation of planets and asteroids by states unless an international regime is established to govern such activities for ‘rational management’, ‘equitable sharing’, and ‘expansion of opportunities’ in the use of these resources.

Taking advantage of this loophole, countries like the U.S., Luxembourg, United Arab Emirates, and Japan have promulgated domestic laws that permit companies to claim exclusive ownership over extracted resources. In 2015, the U.S. government introduced the US Commercial Space Launch Competitiveness Act, 2015 — the first national law recognising the property rights of private entities over space resources, allowing U.S. citizens to claim such rights. It does not, however, allow any claim of property in situ.  In essence, property rights can be conferred for the resource in question as long as it is located on or within the celestial body, implying that the celestial body itself is not covered by ownership regulations. This was followed by a 2020 Executive Order that reiterated the country’s commitment to developing property rights to space resources, rejected the Moon Agreement and solicited international cooperation. 

In 2017, Luxembourg followed suit, enacting the Law on Use of Resources in Space Act and creating the Luxembourg Space Agency. Per this law, space resources can be appropriated, but only licensed activities according with Luxembourg’s obligations are permitted. While acknowledging the requirements of the 1967 Treaty, it does not set aside a section of profits for redistributive purposes, considered by some nations as an obligation for mining nations. Unlike the U.S. legislation, this Act does not require a company’s major stakeholders to be based in the country, although it requires the company to be incorporated or have its central administration office in Luxembourg. So far countries such as Japan, Portugal, and the UAE have signed cooperation agreements with Luxembourg to carry out space mining operations.

In December 2019, the U.A.E. passed Federal Law No. 12 on the Regulation of the Space Sector that applies to citizens and companies headquartered in the country. While not directly stating that space resources can be exploited, it includes in its list of regulated space activities both ‘Space Resources exploration or extraction activities’ and ‘activities for the exploration and use of Space Resources for scientific, commercial or other purposes.’ Importantly, unlike other domestic space laws, this legislation includes liability provisions under which the operator could be held liable if U.A.E breaks the 1967 treaty.

In 2021, Japan became the fourth country to enact a law of this nature — the Act on Promotion of Business Activities Related to the Exploration and Development of Space Resources (Act No. 83 of 2021). It allows companies to gain property rights over space resources only if the government approves their notified objectives, timing, and methods of research. It does not differentiate between resources on or within a celestial body and the celestial body itself but acknowledges the need to comply with international laws. Explicitly recognising a private party’s ability to own resources extracted from space, Article 5 states that a person who gains possession of space resources through activities conducted pursuant to their permit owns those resources when they ‘possess the resource with an intention to own it.’

India’s space policy 2023 — entry of private players and scope for space mining

Efforts to open the Indian space industry to private companies have been in the pipeline for quite some time. In fact, Chandrayaan-3 represents a significant milestone in this endeavour, as a joint project between ISRO and the Indian private sector. 

A draft Space Activities Bill was introduced in 2017 which went through a long consultative process. However, it lapsed in 2019 with the outgoing Lok Sabha. A new bill was expected by 2021; however, ISRO instead released the Indian Space Policy 2023 on April 20 this year with the vision to ’enable, encourage and develop a flourishing commercial presence in space’.

A notable feature of the policy is encouraging the private sector to engage in extraction and development of space resources such as space solar power, asteroid mining, and lunar mining. The policy stipulates that any NGE (Non-Governmental Entities) shall be entitled to possess, own, transport, use, and sell any such asteroid resource or space resource obtained in accordance with applicable law, including India’s international obligations.

The policy also states that ISRO will move out of manufacturing space systems, and instead focus only on advancing space R&D and contributing to areas of space exploration that are of national interest. Manufacturing and operations will be handled by NewSpace India Limited (NSIL) — a public sector unit set up in 2019 under the Department of Space as the commercial arm of ISRO. Finally, the Indian National Space Promotion & Authorisation Centre (IN-SPACe) is expected to create a ‘stable and predictable regulatory framework’ that will ensure a level playing field for the NGEs. 

Other than the space policy of 2023, the Indian space industry is also subject to certain articles of the Constitution, the Satellite Communications Policy, 2000 and the revised Remote Sensing Data Policy, 2011.

Article 51 of the Constitution aims to promote international peace and harmony and maintain honourable relations between nations. Article 73 stipulates that the Union’s executive power extends to the exercise of any rights exercisable by the Indian government by virtue of a treaty or agreement. Under Article 253, the Indian Parliament may legislate on List 1 and List 2 subjects to implement any international treaty, agreement or convention. However, without such express legislation, there is no mechanism for international treaties to be subsumed into domestic law.

Does India need a domestic space law?

Ms. Mallick points out that for developing countries, the need for a space law is even more pronounced, as it can “serve as a foundation for capacity-building efforts, guiding the development of relevant skills and knowledge, attract investment and promote the growth of a domestic space industry, and effectively utilize space resources for societal benefit in various sectors such as disaster management, agriculture, and urban planning.”

When asked about the form such a law may take, Ms. Mallick said it could consist of “exhaustive regulatory frameworks,” covering heads like “licensing procedures, liability scheme, international agreements, space debris mitigation, space traffic management, launch and re-entry of spacecraft, and national security considerations.”

As of date, the UN Office for Outer Space Affairs lists 43 nations that have domestic space laws, based on submissions by nations. Further, the UN’s Space Law for New Space Actors project, on request, aids members with drafting or revising national space law to be in line with the international space law regime.

There is also some regional co-operation to establish a legal framework, in the form of the Asia-Pacific Regional Space Agency Forum National Space Legislation Initiative. The initiative promotes information sharing and engages in capacity building pertaining to drafting and implementing of national space laws, in the Asia-Pacific region.

Another key reason for a cohesive space law framework according to Ms. Mallick— is space sustainability and the prevention of damage by space debris. These “ trackable orbital debris objects exist alongside thousands of untracked smaller fragments, traveling at extremely high velocities.“ Further, as the amount of space debris only increases, “and as orbits become more congested, the probability of new collisions further multiplies, risking the Kessler Syndrome.”

Data | Small debris orbiting Earth pose threats to space assets 

The Kessler Syndrome is named for NASA space debris expert Don Kessler, who observed that past a certain critical mass, the total amount of space debris will grow, spurred by a chain reaction as collisions lead to more space debris, which in turn cause more collisions.

New Delhi:

Days after Chandrayaan-3’s successful moon landing, the Vikram Lander has “soft-landed” on the lunar surface again, the Indian space agency said today. 

“Vikram Lander has exceeded Chandrayaan-3 mission objectives and successfully completed a “hop experiment”,” said the Indian Space Research Organisation (ISRO).

“On command, it fired the engines, elevated itself by about 40 cm as expected and landed safely at a distance of 30 – 40 cm away,” ISRO said.

Chandrayaan-3 Mission:
Vikram soft-landed on , again!

Vikram Lander exceeded its mission objectives. It successfully underwent a hop experiment.

On command, it fired the engines, elevated itself by about 40 cm as expected and landed safely at a distance of 30 – 40 cm away.… pic.twitter.com/T63t3MVUvI

— ISRO (@isro) September 4, 2023

ISRO said this achievement “kickstart enthuses future sample return and human missions.”

Last week, the Chandrayaan-3 mission’s Pragyan rover was “set into Sleep mode” but with batteries charged and receiver on.

“Hoping for a successful awakening for another set of assignments. Else, it will forever stay there as India’s lunar ambassador,” the space agency said.

India made history as the first country to land near the south pole of the moon with its Chandrayaan-3 lander last month.

Chandrayaan-3’s soft, textbook touchdown after a failed attempt in 2019 has sparked widespread jubilation in the country. The landing, which came just days after a Russian lander crashed in the same region, is being seen as India’s greatest scientific feat.

The country has been steadily matching the achievements of other space programmes at a fraction of their cost. ISRO’s first Sun mission, Aditya-L1, was launched successfully last week. The key objectives of the mission are understanding the coronal heating and solar wind acceleration.

ISRO is slated to launch a three-day crewed mission into Earth’s orbit by next year. It also plans a joint mission with Japan to send another probe to the Moon by 2025 and an orbital mission to Venus within the next two years.

A screenshot shows the surface of the Moon captured by Lander Imager Camera aboard ISRO’s Chandrayaan-3 before its successful touchdown.

With the Chandrayaan-3’s lander module Vikram successfully making a touchdown on the moon and the rover Pragyan ramping down, one camera developed by Laboratory for Electro-Optics Systems (LEOS) in Bengaluru has already made an impact while another would be guiding the Pragyan as it traverses the moon’s surface.

The Lander Horizontal Velocity Camera (LHVC), which is onboard the Vikram, has already clicked the first image of the moon during its descent on the lunar surface on Wednesday

LHVC, which was initially developed for the Chandrayaan-2 mission, has also been adopted for the Chandrayaan-3 mission.

“LHVC has an important role of measuring horizontal velocity during the Lander descent phase. It does a complex algorithm calculating the velocity in which the lander is travelling. This instrument provides important information during the descent, ” said Subhalakshmi Krishnamoorthy, who led a team of scientists at LEOS to develop the camera. She has now retired from ISRO.

The second camera is the Navigation camera (NAVCAM) and two of them will be the eyes of the Rover, guiding it as it traverses the moon’s surface.

Both NAVCAMs are fitted in the front of the rover for path planning and obstacle avoidance for the rover.

“The Pragyan Rover has two Navigation cameras fitted in the front of the rover to navigate the Rover in the lunar terrain. NAVCAM-Left & NAVCAM -Right help in path planning and obstacle avoidance, to ensure that there is no rock, there is no obstacle, there is no pit etc., in the path. It is like a human being or robot having eyes, so wherever the rover is going to move there is a path planning which is done based on the stereo images from Navcams” said Ms Krishnamoorthy, the former Deputy director of ISRO. She attributed the success to the sincere and dedicated hard work of her team members.

She added that both the cameras were developed for the Chandrayaan-2 lander and rover. However, the Chandrayaan 2 mission ended in a failure when during the descent, the Vikram lander crashed on the lunar surface. It subsequently lost communication with the ground stations.

• The Lander Horizontal Velocity Camera (LHVC), which is onboard the Vikram, has already clicked the first image of the moon during its descent on the lunar surface on August 23.
• LHVC, which was initially developed for the Chandrayaan-2 mission, has also been adopted for the Chandrayaan-3 mission.
• Another is the Navigation camera (NAVCAM) and two of them will be the eyes of the Rover, guiding it as it traverses the moon’s surface.

See all 55 stories

The ISRO’s LVM3 carrying Chandrayaan-3 at the launch pad before its launch.

Year 2023 seems to be the year of the Moon as a number of lunar missions are scheduled to take place this year.

In the past two months, two missions were launched — India’s second mission to the Moon Chandrayaan-3 on July 14 and Russia’s Luna-25 on August 11.

While India’s Chandrayaan-3 met with success when its lander module safely touched down on the lunar surface and was followed by the rover’s rollout on Thursday, Luna 25 suffered a glitch and crashed on the moon’s surface on August 19.

Apart from these two missions, there are four more lined up for this year.

They include the Commercial Lunar Payload Services (CLPS) and Lunar Trailblazer from the U.S..

NASA’s CLPS initiative, according to the U.S. space agency, allows rapid acquisition of lunar delivery services from American companies for payloads that advance capabilities for science, exploration or commercial development of the Moon. The Lunar Trailblazer on the other hand is an Orbiter.

The other moon missions include China’s lunar communication and navigation satellite constellation and Japan’s Smart Lander for Investigating Moon (SLIM) which is an Orbiter/lander mission.

This year also saw another failure as Japan’s Hakuto-R lander failed to make a moon landing in April. Had the Hakuto-R mission completed its task, it would have been the world’s first commercial soft landing on the lunar surface.

According to ISRO as of July 2023, there are six active lunar orbiters and currently, the only operating rover is China’s Yutu-2 rover released by Chang’e 4, which operates on the far side.

Next year, Beresheet 2 from Israel, U.S.’s Volatiles Investigating Polar Exploration Rover (VIPER), China’s Lunar Exploration Programme (CLEP) Chang’e 6 and Hakuto-II are expected to be launched.

See all 55 stories

Sonia Gandhi. File
| Photo Credit: PTI

Congress on Thursday accused Prime Minister Narendra Modi of hogging the limelight after the success of Chandrayaan-3.

In a letter to the ISRO Chairman, Congress Parliamentary Party chairperson Sonia Gandhi said she was writing to him to let him know how thrilled she was by the ISRO’s magnificent achievement on Wednesday. “It is a matter of great pride and excitement to all Indians, particularly the younger generation,”Ms. Gandhi said, adding that the space research agency’s outstanding capabilities have been built up over decades.

Stating that the excitement and pride of the Chandrayaan-3 landing will “stay with us for a long time”, Congress general secretary K.C. Venugopal targeted the Prime Minister on X (formely Twitter) for “hogging the limelight”.

“However, the PM must answer some for his hypocrisy. You were quick to come on screen and take credit after the landing, but why has your government failed so terribly in supporting the scientists and the ISRO,” he said.

The Congress leader asked as to why the Heavy Engineering Corporation (HEC) engineers, who worked on Chandrayaan-3 launch pad, have not received their salaries for the last 17 months.

“Why did you cut the budget for such crucial missions by 32%? These are the heroes of our country, they run a world-class space research program, but you have no regard for their talent and hard work. To add insult to injury, you hogged the limelight when that moment was about the scientists’ achievements,” he added.

Congress leader Jairam Ramesh also shared several photographs of Jawaharlal Nehru and Indira Gandhi with doyens of India’s space programme such as Vikram Sarabhai to highlight the continuity in the country’s progress in the sector.

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File picture of President Droupadi Murmu.
| Photo Credit: ANI

President Droupadi Murmu on Thursday congratulated the ISRO over the successful deployment of the Chandrayaan 3’s Pragyan Rover.

The deployment took place a few hours after the successful landing of the Lander Module. The Rover was inside the belly of the Lander Module.

“I once again congratulate the ISRO team and all fellow citizens for successful deployment of Pragyan-rover from inside Vikram-lander. Its rolling out a few hours after the landing of Vikram marked the success of yet another stage of Chandrayan 3. I look forward with excitement, alongside my fellow citizens and scientists to the information and analyses that Pragyan will acquire and enrich our understanding of the moon,” Ms. Murmu posted on X social media platform on Thursday.

Though there was no official word from ISRO on August 23 about the deployment of Pragyan, its roll out took place a few hours after the successful landing.

ISRO is yet to officially release any images of the rollout of the Rover or its deployment on the lunar surface. However on social media there have been images of the Pragyan coming out of the Lander Module.

The Rover will carry out in-situ chemical analysis of the lunar surface during the course of its mobility.

“The Pragyan rover may come out in the next few hours or it may take one day also to come out depending on the conditions,” ISRO Chairman S. Somanath told reporters after the soft landing on August 23.

Also Read | On the moon, over the moon

He said that once out, the rover would carry out two important experiments. It has two payloads — the LASER Induced Breakdown Spectroscope (LIBS) and the Alpha Particle X-ray Spectrometer (APXS). The objectives of the LIBS are to conduct qualitative and quantitative elemental analysis and to derive the chemical composition and infer mineralogical composition to further our understanding of the lunar surface.

The APXS will determine the elemental composition of lunar soil and rocks around the landing site.

• The deployment of the Chandrayaan 3’s Pragyan Rover took place a few hours after the successful landing of the Vikram Lander Module. The Rover was inside the belly of the Lander Module.
• ISRO is yet to officially release any images of the rollout of the Rover or its deployment on the lunar surface.
• The Rover will carry out in-situ chemical analysis of the lunar surface during the course of its mobility.

An illustration showing the soft-landing of Chandrayaan-3 on the surface of the Moon. The spacecraft is set to land on August 23, 2023 around 6.04 p.m. IST.

The Indian Space Research Organisation (ISRO) has been able to successfully establish a two way communication between Chandrayaan-3’s Lander Module and its predecessor Chandrayaan-2’s orbiter.  

“‘Welcome, buddy!’ Ch-2 orbiter formally welcomed Ch-3 LM. Two-way communication between the two is established. MOX has now more routes to reach the LM,” the space agency posted on X (formerly Twitter).

Also read: Chandrayaan-3 | How NASA, ESA will support ISRO during the Moon landing on August 23

The Chandrayaan-2 mission launched on July 22, 2019 consisted of an Orbiter, Lander and Rover to explore the unexplored south pole of the Moon.

The Orbiter, which has been placed in its intended orbit around the Moon, objective is to enrich understanding of the moon’s evolution and mapping of the minerals and water molecules in the Polar Regions, using its eight state-of-the-art scientific instruments.

According to ISRO the Orbiter is healthy and all the payloads are operational.

The Orbiter payloads include : Terrain Mapping Camera – 2, Chandrayaan 2 Large Area Soft X-ray Spectrometer (CLASS), Solar X-Ray Monitor, Imaging IR Spectrometer, Dual Frequency Synthetic Aperture Radar, Chandra’s Atmospheric Composition Explorer – 2, Orbiter High Resolution Camera and Dual Frequency Radio Science Experiment.

“The Orbiter camera is the highest resolution camera (0.3m) in any lunar mission so far and shall provide high resolution images which will be immensely useful to the global scientific community. The precise launch and mission management has ensured a long life of almost 7 years instead of the planned one year,” states the Chandrayan-2 mission profile.

Watch | Data Point: How tough is it to land Chandrayaan-3’s Vikram lander on the moon?

Chandrayaan-3 is expected to land on the moon on August 23. But space is hard. Data shows that moon missions are especially hard.

After Chandrayaan-2’s failure, The Hindu looked at how successful past moon missions have been, to assess the odds stacked against Chandrayaan-3.

Also read:  Chandrayaan-3 | How NASA, ESA will support ISRO during the Moon landing on August 23 

Presentation and production: Sonikka Loganathan

Guest: Vasudevan Mukunth

Data support: Vignesh Radhakrishnan and Krithika Ganapathy