International Law

THE CRATERS IN OUR MOON: THE LEGAL LACUNA EXISTING IN MINING AND CONSULTATION IN OUTER SPACE

Anisha Agarwal & Ayushi Tiwari
College of Legal Studies, University of Petroleum & Energy Studies, Dehradun


Space has dependably been the last boondocks for human learning and creative energy. From connivances of outsider life to the conceivable production of feasible natural surroundings and settlements on Mars, the potential outcomes stay limitless. However, from a geopolitical viewpoint, Space is progressively turning into a basic methodology of State Power and Sovereignty. From the Space Race that started with the Cold War to the incorporation of digital systems and using space for the financial progression of individual country states today, there is a need to re-connect with our conventional epistemological comprehension of Outer Space. Though drafted with good intention, the treaty has lost its effect on issues regarding space mining and consultation among states. This paper throws some light on the above mentioned issues and how OST, despite some article being declared as customary international law fails to cover the same. The potential outcomes of space exploration are vast however there remains a need to develop and set up a steady and all around structured system that can help with struggle of de-heightening and emergency determination. Maybe fifty years after the commencement of treaty, the time has come to return to the bargain and equip it to deal with the remarkable difficulties postured by the interconnected postmodern globalized world we live in.


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Posted by Suvid Chaturvedi in The Fourth Anniversary Edition
WTO Dispute Settlement Mechanism: An Evolution of Dispute Settlement

WTO Dispute Settlement Mechanism: An Evolution of Dispute Settlement

Vishal Aggarwal
Amity Law School, Amity University

This paper is an attempt to familiarize the reader with the understanding of WTO Dispute Settlement Mechanism. It traces the roots of this dispute settlement process, trying to chalk out the evolution of this scheme. It is an effort to provide a perspective to the reader about Dispute Settlement Understanding. Researcher has elucidated the entire process of dispute settlement under WTO schematically in a sequential manner. This paper endows insights into role and responsibilities of various dispute settlement bodies. Researcher has thrown light over the various challenges in front of this dispute settlement mechanism. In the end, the researcher would recommend the course of action for better functioning of dispute settlement.

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Posted by Suvid Chaturvedi in Number 2, Volume 3
Space Tourism, the Next Big Thing – Opportunity & Challenges

Space Tourism, the Next Big Thing – Opportunity & Challenges

Aditya Kashyap
Gujarat National Law University, Gandhinagar

Over the past decade the general perception of space tourism has changed from being considered as “science fiction” to becoming recognised as a lucrative opportunity for the space industry. Space tourism stands for any commercial activity that offers its client direct or indirect experience with space travel. It comprises of various activities ranging from long-term stays in orbital facilities to short-term orbital or suborbital flights, and even parabolic flights in an aircraft helping passengers experience short periods of weightlessness. Flights into outer space by private individuals are finding increased attention in the public.¬† Due to which occasional orbital flights with “space tourists” have taken place. Space tourists who have been taken to the International Space Station (ISS) had to shell out large sums of money for the experience. But now the interest seems to be shifting towards providing “cheaper flights” which are not solely aimed at the ISS but remain “suborbital” so that they are affordable to the masses. Space tourism activities may therefore include the use of an aircraft and/or spacecraft. However, the prospects for both suborbital and orbital private human access to space give rise to some challenging legal and ethical questions and call into question the adequacy of existing international law instruments that are directed towards the regulation of the use and exploration of outer space. This essay focuses on some of the most challenging issues regarding proliferation of space tourism and its possible solutions.

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Posted by Suvid Chaturvedi in Number 2, Volume 3