LIJDLR

Precautionary Principle

CELESTIAL SOVEREIGNTY AND THE PRECAUTIONARY PRINCIPLE: A LEGAL AND ETHICAL FRAMEWORK FOR ORBITAL DEBRIS MITIGATION IN THE AGE OF AI

Volume IV Issue III /

CELESTIAL SOVEREIGNTY AND THE PRECAUTIONARY PRINCIPLE: A LEGAL AND ETHICAL FRAMEWORK FOR ORBITAL DEBRIS MITIGATION IN THE AGE OF AI Sukaina Mehdi, Assistant Professor at Vivekananda Institute of Professional Studies – TC, affiliated to GGSIP University (India) Samreen Warsi, Assistant Professor at HILSR, Jamia Hamdard University (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.275 With more satellites, observatories and other space assets being deployed continuously, the global space economy has expanded rapidly for technological advancement. It has also resulted in the accumulation of orbital debris, which threatens the long-term sustainability of the near-Earth orbital environment. The issue involves international space law, artificial intelligence and environmental ethics, all of which must be understood collectively to develop a robust regulatory framework for space sustainability. The Supreme Court of India has substantially developed environmental jurisprudence by expanding Article 21 to include the right to clean air, a safe environment and ecological protection. This study argues for extending the precautionary principle and Article 21 of the Indian Constitution to outer space by treating the orbital environment as a shared ecological heritage. AI plays a dual role: it can assist in climate monitoring, space situational awareness and mitigation of risks to orbital assets, while also generating new legal challenges concerning algorithmic accountability in autonomous collision-avoidance manoeuvres. The paper further argues that Extended Producer Responsibility should be applied to satellite manufacturers and operators through legal and financial mandates for de-orbiting end-of-life assets, including de-orbit bonds and Orbital EPR Plans. Applying a pragmatist research paradigm, the paper examines existing ESG regulations and their inadequate consideration of orbital pollution. It finally argues for a Space Sustainability Treaty, supported by a proposed Delhi Declaration on Orbital Sustainability, incorporating AI-driven monitoring and a stewardship-based legal model to ensure that exploration of the final frontier does not repeat the collapse of terrestrial ecological systems.

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THE PRECAUTIONARY PRINCIPLE IN BILATERAL INVESTMENT TREATIES: BALANCING ENVIRONMENTAL PROTECTION AND FOREIGN DIRECT INVESTMENT

Volume IV Issue II /

THE PRECAUTIONARY PRINCIPLE IN BILATERAL INVESTMENT TREATIES: BALANCING ENVIRONMENTAL PROTECTION AND FOREIGN DIRECT INVESTMENT Kadidja Said, PhD Candidate in International Law at Southwest University of Political Science and Law (SWUPL), Chongqing, China Download Manuscript doi.org/10.70183/lijdlr.2026.v04.249 This paper examines the integration of the precautionary principle (PP) into Bilateral Investment Treaties (BITs) as a legal mechanism for reconciling environmental protection with foreign direct investment (FDI). It traces the evolution of the PP from international environmental law, particularly the Rio Declaration, into international economic and investment law, with attention to its treatment in the European Union and the World Trade Organization. The paper first explains the conceptual and normative foundations of precaution, including its relevance where scientific uncertainty surrounds risks of serious or irreversible environmental harm. It then considers the WTO experience, including EC–Hormones, to show how precautionary reasoning remains constrained by requirements of scientific evidence, risk assessment, and proportionality. Thereafter, the paper assesses the gradual and still cautious incorporation of environmental and sustainable development provisions into modern BITs and related treaty models, including examples such as CETA, the EU–Vietnam Investment Protection Agreement, the BLEU Model BIT, and the Morocco–Nigeria BIT. It further analyses the tensions that may arise between precautionary environmental measures and traditional investment protection standards, particularly fair and equitable treatment and indirect expropriation, with reference to arbitral practice such as Chemtura v Canada. Through doctrinal and comparative analysis of treaty practice, arbitral decisions, and academic literature, the paper argues that these tensions are not irreconcilable. It proposes clearer treaty drafting, express recognition of States’ regulatory autonomy, and the promotion of sustainable and green investment policies. Ultimately, the paper concludes that the precautionary principle can assist in aligning international investment governance with sustainable development while preserving investor confidence and environmental protection.

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CASE ANALYSIS ON HANUMAN LAXMAN AROSKAR v. UNION OF INDIA (AIRONLINE 2019 SC 318)

Volume IV Issue II /

CASE ANALYSIS ON HANUMAN LAXMAN AROSKAR v. UNION OF INDIA (AIRONLINE 2019 SC 318) Sai Prarthana M, B. Com LL. B, (H), 9th Semester, Student at School of Excellence in Law, Tamil Nadu Dr. Ambedkar Law University, Chennai (India) Sai Sathiyapriya M, B. Com LL. B, (H), 9th Semester, Student at School of Excellence in Law, Tamil Nadu Dr. Ambedkar Law University, Chennai (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.238 In the case of Hanuman Laxman Aroskar vs. Union of India is a significant landmark judgment given by Supreme Court of India, concerning the grant of Environmental Clearance (EC) for the Mopa International Airport project in Goa. The Petitioners in this case challenged the validity of the EC on the grounds that the Environmental Impact Assessment (EIA) process was flawed and failed to adequately assess the consequences of the Airport project. They argued crucial information regarding biodiversity, forest cover, ecological sensitivity, and potential environmental damages was either overlooked during the decision-making process. The Supreme Court emphasized environmental protection and economic development are not mutually exclusive but should be balanced through the Principle of Sustainable Development. The Court observed the EIA serves as an important tool for decision-making and cannot be treated as mere procedural formality. It stressed that environmental governance must be guided by transparency, accountability, public participation and scientific assessment. The Court further recognized the concept of Environmental Rule of Law, which requires authorities to act in accordance with the environmental norms and statutory safeguards. The Court found shortcomings in the appraisal process and concluded that certain environmental concerns had not been addressed. As a result, of which it directed the Expert Appraisal Committee to conduct a fresh and comprehensive review of environmental clearance. The Judgment is widely recognized as a milestone in Indian Environmental Law because it strengthened judicial oversight of Environmental Clearances and reaffirmed the necessity of balancing developmental objectives with environmental protection. It highlighted that environmental procedure must be made through a fair and transparent process. The judgment promotes economic development, and environmental protection should go hand in hand.

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