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Articles

India’s Space Legislation: The Private Sector Speaks

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Pages 224-236 | Published online: 02 Dec 2016
 

ABSTRACT

India is a long-term investor in building up indigenous space infrastructure and facilities to develop rockets, satellites, and ground systems. However, the space sector is mainly government driven, with private industry participation limited to contributing to the missions executed by the Indian Space Research Organization. With the emergence of the New Space sector, there is a growing private space industry in India that needs to be supported by establishing legal aspects of space activities for private industry activities. This is important at both the international and national level, with the former needing consideration under the purview of the international treaty obligations of India and the latter for the development of the private industry ecosystem. In the present work, we explore some of the fundamental aspects of policies that need to be addressed in the process of forming national space legislation by the government of India. Recommendations in establishing a supportive ecosystem to encourage private space industry activity on a number of important issues are discussed herein.

Notes

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2. Press Release: “British National Space Centre, Boost for Innovative Small Satellites: Lord Sainsbury Announces Bids for Support,” SpaceRef, 27 July 2000 http://www.spaceref.com/news/viewpr.html?pid=2292 (accessed 1 May 2015).

3. EO Portal Directory, Deimos-1 Microsatellite Mission, http://directory.eoportal.org/web/eoportal/satellite-missions/d/deimos-1 (accessed 1 May 2015).

4. Bonnie E. Fought, “Legal Aspects of the Commercialization of Space Transportation Systems,” Berkeley Technology Law Journal 99 (1988): 99–147; “As the Markets Related to Space Expand, U.S. Firms Face Stiff Rivals, Study Says,” Wall Street Journal, 26 May 1988, 8.

5. Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, signed 27 January 1967, Article VII (entered into force on 10 October 1967).

6. R. C. Chakraborty, “Satellite Image Information threat to National Security,” MANIT Training Programme on Information Security, 10–14 December 2007, http://www.myreaders.info/02_Satellite_Image_Information_threat__to__National_Security.pdf (accessed 1 May 2015).

7. Deepu Krishnan, “Commentary| Challenges and Opportunities in the Indian Sa-tcom Market,” Space News, 17 February 2014 http://spacenews.com/39541challenges-and-opportunities-in-the-indian-satcom-market/#sthash.4wXHLkVN.dpuf (accessed 1 May 2015).

8. Dr. George C. Nield, “The Origin and Practice of U.S. Commercial Human Space Flight Regulations,” Glasgow, Scotland, 59th International Astronautical Congress, 30 September 2008 https://www.faa.gov/news/speeches/news_story.cfm?newsId=10299 (accessed 2 May 2015).

9. Privatization of PSLV, Government of India, Department of Space, 20 July 2016. http://pib.nic.in/newsite/PrintRelease.aspx?relid=147347 (accessed 4 September 2016).

10. Technology Transfer Group, Indian Space Research Organization (Isro), Technology Transfer Policy of Isro—Policy on Transfers of Isro Know-How to Industry, Pricing of Isro’s “Spin-Off” Technologies and Choice of Licencees for “Spin-Off” Technologies, Para. 5.3, (http://www.sac.gov.in/SACSITE/TTIDWebsite/Technology_Transfer/TT_Policy.pdf (accessed 15 May 2015).

11. “CAG Nails ISRO for Favoring Tataa Sky,” Tribune News Service, 9 December, 2014, http://www.tribuneindia.com/news/cag-nails-isro-for-favouring-tata-sky/15819.html (accessed 4 September 2016).

12. “Budget, 2016 Gives Major Boost to Department of Space,” The Times of India, 1 March 2016, http://timesofindia.indiatimes.com/tech/tech-news/Budget-2016-gives-Major-boost-to-Department-of-Space/articleshow/51209070.cms (accessed 4 September 2016).

13. Mukund Rao and K.R. Sridharh Murthy, “Perspectives for a Comprehensive G.I. Policy (Including a National GI Policy Draft),” National Institute of Advanced Studies, September 2012, www.nias.res.in/docs/R11-2012-GI-Policy.pdf (accessed 15 May 2015).

14. Feres v. United States, 340 U.S. 135 (1950).

15. Boyle v. United Technologies Corp., 487 U.S. 500 (1988).

16. Bonnie E. Fought (Note 4).

17. Directorate General of Foreign Trade, “Guidelines for Export of Special Chemicals, Organisms, Materials, Equipment and Technologies (SCOMET) Items,” http://dgft.gov.in/exim/2000/scomet/scomet2011.pdf (accessed 15 May 2015).

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