Code of Conduct for Outer Space: A Strategy for India

The current situation in outer space reflects newness in the manner and scope of its utilisation as also the nature and numbers of the players involved. These developments have outpaced the state of affairs of the 1960s and 1970s when five treaties were enacted to regulate human activity in this frontier. Contemporary inter-state equations show no appetite for a new legal instrument that can address contemporary and emergent challenges. None of the major space-faring nations is ready to close the door on future possibilities. There appears to be instead a limited willingness to go along with adoption of some principles or non-binding measures that do not restrict freedom of action while still regulating human activities in space on the basis of certain norms and best practices. It is in this context that an International Code of Conduct (ICoC) has been under negotiation. It is essentially a confidence and transparency building measure to address the challenges posed by proliferating space debris and traffic. It does not attend to security concerns arising from development of technologies that could indulge in harmful interference. India is fast expanding its space-based capabilities and utilisation. Keeping a primary focus on peaceful applications of space technologies for economic growth and social development the country has a stake in ensuring its safe secure and sustainable use. But it is evident that the USA which has been the lead space-farer over decades and China which is fast catching up are engaged in building space deterrent strategies leaning towards military means. India cannot ignore these developments and must follow a multipronged approach that includes actions at national and multilateral levels. This book born out of an ICSSR project recommends measures that India must adopt to assure its own deterrence in space while respecting international efforts to mitigate shared vulnerabilities through instruments such as the ICoC.