LIJDLR

Space law

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

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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BEYOND THE FINAL FRONTIER: NAVIGATING THE LEGAL COSMOS OF OUTER SPACE REGULATION

BEYOND THE FINAL FRONTIER: NAVIGATING THE LEGAL COSMOS OF OUTER SPACE REGULATION Rajarshi Tripathi, 10th Semester, B.A.LL.B Student at Amity Law School, Amity University, Uttar Pradesh Dr. Parishkar Shreshth, Assistant Professor at Amity Law School, Amity University, Uttar Pradesh Download Manuscript doi.org/10.70183/lijdlr.2024.v03.29 This research paper examines the evolving legal landscape governing outer space activities in an era of unprecedented commercial and military expansion beyond Earth’s atmosphere. It analyzes the foundational principles established during the Cold War through the Outer Space Treaty and subsequent conventions, while highlighting their limitations in addressing contemporary challenges. The paper explores critical jurisdictional questions regarding territorial claims, flag state authority, and criminal jurisdiction in the absence of traditional sovereignty. It investigates the legal complexities surrounding commercial exploitation of celestial resources, space traffic management, debris mitigation, and private actor participation. The militarization of space receives particular attention, analyzing the ambiguities in international law regarding weapons placement and military activities. The study identifies significant gaps in dispute resolution mechanisms and proposes adaptive governance frameworks to address emerging issues. By examining these interconnected regulatory challenges, the paper contributes to developing a coherent legal approach that balances commercial development, security concerns, environmental sustainability, and equitable access as humanity expands into the final frontier. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 715-741. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

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