1.

Definition, Nature, Scope And Sources Of Air Law: I

• Freedom and Sovereignty in the Air

The concept of the First Freedom of the Air pertains to the authorization or entitlement given
by one nation to another or multiple nations to conduct overflight without the need for
landing on its territory. This particular right pertains especially to scheduled international
aviation flights and is often referred to as the First Freedom Right.1

The Second Freedom of the aviation pertains to the granting of permission by one nation to
another or multiple nations to land in its territory for non-commercial reasons within the
framework of scheduled international aviation services. This right is sometimes referred to as
a Second Freedom Right.2

The Third Freedom of The Air pertains to the granting of authorization by one nation to
another nation, permitting the landing and disembarkation of passengers from the originating
country inside the territory of the recipient country, especially for scheduled international
flights. This entitlement is sometimes referred to as the Third Freedom Right.

The Fourth Freedom of The Air pertains to the granting of authorization by one nation to
another nation for the carriage of people or goods from the former nation to the home country
of the airline. This particular privilege pertains solely to scheduled international aviation
services.

The Fifth Freedom of the aviation pertains to the delegation of landing and passenger/cargo
pickup rights from one country to another, for the purpose of facilitating planned
international aviation services involving a third country.3

ICAO classifies any "freedoms" above the Fifth as "so-called" since they are not officially
recognised as such by international law.

The Sixth Freedom of The Air pertains to the permitted privilege of an airline to carry
passengers between two foreign nations while conducting a layover in its own domicile
country. The Sixth Freedom of the Air, unlike the preceding five freedoms, is not formally

1
Freedoms of the Air, https://www.icao.int/pages/freedomsair.aspx (last visited Dec 13, 2023).
2
John Salter, Hugo Grotius: Property and Consent, 29 POLITICAL THEORY 537 (2001).
3
Freedom and Sovereignty in Air- and Outer Space | Netherlands International Law Review | Cambridge Core,
https://www.cambridge.org/core/journals/netherlands-international-law-review/article/abs/freedom-and-
sovereignty-in-air-and-outer-space/A6693F0FDED735DA73995EC9C9E2BA77 (last visited Dec 13, 2023).
included into any globally acknowledged air service agreements, such as the "Five Freedoms
Agreement".4

• Development of Air Law: Origin of Air Law-Theories of Airspace-Aerial

Navigation

Prior to the First World War, there existed several views concerning the legal status of the
airspace above states and territorial waters. There were multiple perspectives on the status of
airspace. One perspective argued that airspace was completely unrestricted, while another
compared it to the territorial sea and proposed the existence of a "territorial air" zone
followed by a higher free zone. A third perspective claimed that all airspace above a state fell
under its sovereignty. A fourth perspective modified the third by suggesting a right of
innocent passage for foreign civil aircraft through the airspace. There existed a specific
conflict between the French concept of air freedom and the British concept of state
sovereignty, but there was consensus that the airspace above the high oceans and unclaimed
territories was unrestricted and accessible to everyone.5

Nevertheless, the beginning of the First World War altered this situation by acknowledging
the security issues associated with the utilisation of the air.

The prevailing strategy at that time, with minimal disagreement, relied on the expansion of
state sovereignty into the sky above. This was deemed acceptable from both a defensive
perspective and in consideration of the developing state practices that govern flights over
national territory. The 1919 Paris Convention for the Regulation of Aerial Navigation
acknowledged the complete authority of governments over the airspace above their land and
territorial waters.

The concept of airspace was first comprehended during the 1919 convention on the
regulation of aerial navigation, signed in Paris, in the early 20th century. The text introduces
the notion of airspace, which encompasses article one through four.6

In the context of this Convention, the term "territory" refers to the combined area of a State,
encompassing both the mainland and its colonies, as well as the surrounding territorial
waters.
4
Sovereignty and Freedom in the Air Space on JSTOR, https://www.jstor.org/stable/743295 (last visited Dec 13,
2023).
5
Theories On The Legal Status Of Air Law, https://www.legalserviceindia.com/legal/article-3703-theories-on-
the-legal-status-of-air-law.html (last visited Dec 13, 2023).
6
Air law | Aviation Regulations & International Agreements | Britannica, https://www.britannica.com/topic/air-
law (last visited Dec 13, 2023).
The Paris Convention, specifically through the Regulation of Aerial Navigation (1919),
confirmed the notion of airspace sovereignty. Later, further multilateral treaties were
established over the course of time. The Chicago Convention on International Civil Aviation
(1944) reiterated this idea once more.

"Airspace is commonly acknowledged to be an inherent part of the underlying territory and

possesses the same legal standing."

The fundamental concept underlying airspace is sovereignty, which grants each state the right
to control its own airspace. This principle grants governments the authority to manage their
admission and exit policies according to their own discretion, to which all individuals
worldwide will be subjected.7

In the game of Numbers, there is no specific upper boundary for sovereign airspace.
However, many countries, within their operational capabilities, propose a limit of
approximately 30 kilometres, which corresponds to the altitude of aeroplanes and balloons, or
up to 160 kilometres for short stable orbits. The United Nations recognises astronauts as
individuals who have surpassed the vertical limit of 80km. However, there is a lack of clarity
regarding the exact boundary between airspace and outer space, as well as the distinction
between sovereign airspace and the shared legacy of space for all humanity.8

The inception of air space in international law is based on three fundamental theories 9: -

• The concept of absolute sovereignty, Contrary to the concept of unrestricted

freedom, this ideology aimed to restrict all international usage freedom inside the
boundaries of a state's sovereignty. They contended that the airspace directly over
them was their exclusive own, as they are an independent nation.
• The theory is restricted or constrained. The concept of sovereignty is derived from
the premise that the atmosphere is under the authority and control of the State.
Nevertheless, it also imposed some restrictions in support of air traffic, requiring
sufficient means that have been validated for airworthiness through international

7
Alfred Wegerdt, Germany and the Aerial Navigation Convention at Paris, October 13, 1919, 1 J. AIR L. 1
(1930).
8
The International Regulation of Aerial Navigation | Proceedings of the American Society of International Law
at its annual meeting (1921-1969) | Cambridge Core, https://www.cambridge.org/core/journals/proceedings-of-
the-american-society-of-international-law-at-its-annual-meeting/article/abs/international-regulation-of-aerial-
navigation/A7E91CC2A3474E7E9E43ACDED3A0F81E (last visited Dec 13, 2023).
9
The Contribution of Air and Space Law to the Development of International Law | Studies in International
Space Law | Oxford Academic, https://academic.oup.com/book/43019/chapter-abstract/361387732?
redirectedFrom=fulltext (last visited Dec 13, 2023).
 certifications. This hypothesis predicted the subsequent system, which relied on a
functional rather than solely spatial concept of air navigation.

Private property or ownership of property exists when safety requirements and prior
certification are obtained, or when the airspace is under the control of a certain authority. It is
imperative to take into account the utilisation of global airspace for economic endeavours.
Hence, it is imperative for the international community to establish certain routes exclusively
designated for commercial transportation, thereby creating the potential for air rights to be
sold as a kind of property.

As members of the legal profession, we have a difficulty when examining the progress made
in air and space law in all areas. The concept of legal jurisdiction must not be stagnant, but
rather should adapt into a malleable concept that can be applicable in various contexts.
Currently, space is the unexplored territory that lies ahead, encompassing parts of the
atmosphere that we are presently unable to penetrate but will have the capability to do so in
the future.

• Basic Principles of Air Law

Principle of Exclusive and Total Sovereignty of State over their Air Space: - According to
the Chicago Convention, every country has full and exclusive control over the airspace above
its own territory. Although national sovereignty cannot be transferred, the duty of providing
air traffic services can be delegated. Assembly Resolution A37-15 (refer to Appendix) serves
as a reminder that when a State assigns another State the duty of providing air traffic services
in its airspace, it does not relinquish its sovereignty.10

The vast expanse of space surrounding our globe has long captivated and enthralled
individuals due to its ability to connect distant places, facilitate transportation of goods, and
foster international travel and commerce. The fundamental concept of the international legal
framework governing international aviation is the principle of airspace sovereignty, which
asserts that countries possess absolute and exclusive authority over the airspace within their
national boundaries.11

The Chicago Convention is notable for its acknowledgment of the notion of complete and
exclusive control over a nation's airspace. According to Article 1 of the Convention, each

10
International Regulation of Space - House of Commons Library,
https://commonslibrary.parliament.uk/research-briefings/cbp-9432/ (last visited Dec 13, 2023).
11
Air law | Aviation Regulations & International Agreements | Britannica, supra note 6.
state possesses absolute and exclusive control over the airspace located above its territory.
This principle asserts that a sovereign state have the authority to govern and oversee all
aviation activities occurring inside its territorial boundaries.

Principle of the Freedom of the Fighters in International Air Space: - The Sheffield
School of Aeronautics is a renowned institution with a long history and esteemed reputation
in the field of dispatching. The methods of training students on the fascinating subject of
aviation expertise have seen significant changes in our era. The initial four freedoms are
regarded as fundamental, although the fifth to ninth freedoms are more intricate and
encompass the entitlements to conduct layovers, transport passengers or goods, and engage in
exclusively domestic flights within foreign nations. The global aviation business is greatly
influenced by these freedoms, which are contingent upon discussion and consensus between
governments via bilateral air services agreements. Sheffield exemplifies the concept of
freedom in a literal manner and subsequently elaborates on it by providing a detailed
explanation of the various aspects of aerial freedom.12

Principle of Ensuring the Security of ICAO: - Annexe 17 of the Chicago Convention,

established by the International Civil Aviation Organisation (ICAO), serves as the foundation
for aviation security. This comprehensive publication outlines the established protocols and
recommendations for the civil aviation sector to protect itself from acts of illegal influence.
Annexe 17 undergoes periodical amendments to address the continuously changing threat
landscape.13 It consists of five essential elements, namely:

 Explanations of meaning
 Fundamental guidelines
 Structure
 Proactive security precautions
 Administration of measures to address instances of illegal intervention.

While Annex 17 serves as the primary ICAO Annex for establishing security standards and
recommended procedures, there are several other Annexes that have an impact on the security
operations of an airline or airport. These matters are handled by individuals who are
accountable for safety, environmental concerns, and the smooth transportation of passengers

12
Freedoms of the Air, supra note 1.
13
USAP Principles, https://www.icao.int/Security/USAP/Pages/USAP-Principles.aspx (last visited Dec 13,
2023).
between locations. The Annex additionally aims to synchronise the efforts of those engaged
in security programmes.

2. Definition, Nature, Scope And Sources Of Air Law: Ii

Paris convention: - On June 1, 1922, fourteen ratification instruments were submitted to the
French Ministry of Foreign Affairs, including those from the British Empire and its
Dominions, which accounted for 7 States: Great Britain, Australia, Canada, India, Ireland,
New Zealand, and the Union of South Africa. As a result, the Convention and ICAN were
able to become effective forty days later, specifically on July 11, 1922. Albert Roper played a
crucial role in securing those ratifications. He initiated a series of meetings, initially called
the Anglo-Franco-Belgian Conferences, which subsequently adopted the overly broad
moniker of International Aeronautical Conferences. The initial eleven of these Conferences
were conducted from 1920 to 1922 in Paris, London, and Brussels prior to the
implementation of the Convention. The team consisted of personnel from the aeronautics
administrations. It is important to mention that the 40th and final installment of these
Conferences took place in Kraków, Poland from May 15th to May 20th, 1939. 14 The purpose
of those conferences, including the Mediterranean Air Conference, the Baltic and Balkan Air
Conference, was to examine specific and practical challenges that emerged in the operation of
international airlines among different countries. The objective was to present the findings to
ICAN, which would then take action by making amendments to the annexes of the Paris
Convention. Subsequently, ICAO extensively utilised regional machinery. That is, meetings
focused on air navigation in specific regions and offices located in those regions.15

1928- Warsaw Convention: - On June 15, 1934, the United States Senate approved the
United States' participation in the International Convention for the Unification of Certain
Rules Relating to International Transportation by Air.16

This convention was signed in Warsaw, Poland, on October 12, 1929, and the Senate also
agreed to the Additional Protocol related to Article 2 of the convention. According to Article
38 of the convention, the convention became effective between the United States and other
participating countries ninety days after the United States government deposited its

14
Paris Convention for the Protection of Industrial Property, https://www.wipo.int/treaties/en/ip/paris/ (last
visited Dec 13, 2023).
15
The Postal History of ICAO, https://applications.icao.int/postalhistory/1919_the_paris_convention.htm (last
visited Dec 13, 2023).
16
The Warsaw Convention on International Transportation by Air on JSTOR,
https://www.jstor.org/stable/2190063 (last visited Dec 13, 2023).
instrument of adherence with the Polish Government, who serves as the depository for the
signed convention.

• Dispute Settlement Mechanism of ICAO

Chapter XVIII of the Convention on International Civil Aviation (Chicago Convention)

assigns the ICAO Council with the responsibility of resolving disputes between two or more
contracting States regarding the interpretation or application of the Convention and its
Annexes, if such disagreements cannot be resolved through negotiation. The contents of
Chapter XVIII of the mentioned Convention are replicated hereafter.17

Any member of the Council who is involved in a dispute shall not have the right to vote while
the Council discusses that dispute. Any member country has the right to challenge the
decision made by the Council by appealing to a specially formed arbitration panel or to the
Permanent Court of International Justice, as long as it complies with Article 85. Any appeal
must be communicated to the Council within sixty days of receiving informed of the
Council's decision.18

3. Fundamentals Of Aviation Law-I

• International Air Law: Origin & Development of Aviation Law in USA, UK, &
EU

USA: - Aviation industry leaders held the belief that the aeroplane would not be able to
achieve its complete economic potential without the intervention of the federal government to
enhance and uphold safety standards. The Air Commerce Act of 1926 was enacted at their
insistence. The Secretary of Commerce was given the responsibility of promoting air
commerce, implementing and enforcing air traffic regulations, granting pilot licences,
certifying aircraft, developing air routes, and managing and maintaining air navigation aids.
The Department of Commerce established a new Aeronautics Branch, which took on the
main role of overseeing aviation. William P. MacCracken, Jr. was appointed as the inaugural
director of this branch.

The collision between a Trans World Airlines Super Constellation and a United Air Lines
DC-7 occurred on June 30, 1956, above the Grand Canyon, Arizona. Tragically, all 128
individuals aboard the two aircraft lost their lives. The crash took place when the aircraft
17
ICAO: Frequently Asked Questions, https://www.icao.int/about-icao/FAQ/Pages/icao-frequently-asked-
questions-faq-3.aspx (last visited Dec 13, 2023).
18
International Civil Aviation Dispute Settlement, https://www.legalserviceindia.com/legal/article-334-
international-civil-aviation-dispute-settlement.html (last visited Dec 13, 2023).
were operating under visual flight rules in airspace that was not crowded. The disaster
highlighted the reality that, despite the significant increase in U.S. aviation traffic after the
conclusion of World War II, minimal efforts had been made to reduce the danger of midair
collisions.19

United kingdom: - The United Kingdom is a signatory to the Convention on International

Civil Aviation, also known as the Chicago Convention, which was ratified on December 7th,
1944. In 1947, the UK officially approved and agreed to the terms of the Convention on
behalf of its "Colonies, Dominions, Territories and Dependences." According to Article 2 of
the Convention, the territory of a State is defined as the land regions and territorial seas that
are under the sovereignty, suzerainty, protection, or mandate of that State. The Overseas
Territories (OTs) are subject to the "sovereignty" of the UK and, according to the Convention,
are seen as integral parts of the UK. Pursuant to Article 37 of the Convention, the United
Kingdom is obligated to cooperate in achieving the furthest feasible level of consistency in
legislation, standards, processes, and organisation pertaining to aircraft, personnel, airways,
and services, with the aim of facilitating and enhancing air navigation. Hence, the United
Kingdom is required to establish a legal and regulatory framework that incorporates the
standards and recommended practices set forth by the International Civil Aviation
Organisation (ICAO) and included in the 19 Annexes to the Convention. The ability to submit
disputes is contingent upon the provision outlined in Article 38, which allows for such action
when it is not feasible to do otherwise. According to the Convention, the Overseas Territories
(OTs) are considered an essential component of the UK. As said earlier, the laws and
regulations that are enforced in the UK are also uniformly applied to the OTs. This same
principle applies to the Crown Dependencies, namely the Isle of Man and the Channel
Islands.20

European union: - The European Union Aviation Safety Agency (EASA) was created in
2002 by Regulation (EC) No 216/2008 of the European parliament and the Council. Its
purpose is to guarantee a consistent and elevated standard of safety in civil aviation through
the enforcement of shared safety regulations and measures.21

19
Aviation Management - International Air Law,
https://www.tutorialspoint.com/aviation_management/aviation_management_international_airlaw.htm (last
visited Dec 13, 2023).
20
Air law | Aviation Regulations & International Agreements | Britannica, supra note 6.
21
Pampaloni, Muzio, Salla condi(ione giaridica dello spacio aereo e del $0tfosgolo nel diritto remano e oJieM0,
Archivio Giaridica 48 (1892), 35; Lardone, Francesco, Airspace Rights in Reman Latv, Air Law Review 2
(1931), 455; Cooper, J. C., Roman Law and the Maxim • 'Cuius est solgm•• in International Air Law, Montreal,
(McGill, 1952.)
EASA commenced operations on 28 September 2003 as an autonomous entity of the
European Community, possessing its own legal identity. The Agency established its
permanent headquarters in Cologne, Germany in 2004. With the agreement of the relevant
Member State, it is possible to create local offices in any Member State.22

• Chicago Convention and the Fundamental Principles

Non scheduled air traffic: - Each contracting State acknowledges the right of aircraft from
other contracting States, which are not involved in scheduled international air services, to fly
into or transit its territory without any intermediate stops, and to make stops for non-traffic
purposes without needing prior permission. However, the State over which the aircraft is
flying has the authority to demand a landing. However, each contracting State has the
prerogative, in the interest of flight safety, to mandate that aircraft wishing to fly over
territories that lack proper air navigation infrastructure or are inaccessible must adhere to
designated routes or receive specific authorization for such flights. If these aircraft are used to
transport passengers, cargo, or mail for payment or hire, except on scheduled international air
services, they are also allowed to take on or offload passengers, cargo, and mail. However,
any State where this embarkation or discharge occurs has the authority to impose regulations,
conditions, or limitations as it sees fit.23

Scheduled air traffic: - International air service cannot be operated over or into the territory
of a contracting State without the explicit permission or authorization of that State, and must
comply with the conditions specified in such permission or authorization.24

Nationality of aircraft: - The notion of aviation nationality was derived from maritime law,
in which the national flag is employed to signify a ship's country of registration. The matters
pertaining to the nationality and registration of aircraft were deliberated over during the
International Air Navigation Conference that took place in Paris in 1910. Although a
definitive signed agreement was not achieved at the conclusion of the Conference, the
principles regarding the nationality of aircraft and its registration were officially included in a
Convention called the Paris Convention, which was signed in 1919. The regulations and

22
Danck, Johann-Stephan, Thesis, Frankfurt-on-Oder (1687); S. Strykii opera, 5, Florence (183S).. 1190; Nys,
Une dissertation dg XVIIe sncle sur le droit afrien, Revue de Droit International et de Législatiou Compart, 43
(1911), 323-325; Cooper, op. cit., 25-26.
23
non-scheduled air transport service Definition | Law Insider, https://www.lawinsider.com/dictionary/non-
scheduled-air-transport-service (last visited Dec 13, 2023).
24
Convention on International Civil Aviation (ICAO Convention) - The Faculty of Law,
https://www.jus.uio.no/english/services/library/treaties/07/7-01/international-civil-aviation.html (last visited Dec
13, 2023).
requirements for aircraft nationality and registration are outlined in Chapter II of the Paris
Convention and its Annex A.

During the adoption of the Chicago Convention, commercial aircraft were primarily bought
directly by their operators, who would then keep ownership of the aircraft for the majority, if
not the entire, duration of their useful lifespan. Modifications to the nationality of an aircraft
were infrequent as aircraft typically remained within a single State for the majority or entirety
of their operational lifespan. Nevertheless, throughout the last 30 years, aircraft operators
have achieved significant financial and operational advantages by opting to lease, rather than
purchase, a portion of their fleets for different durations. Market Research Future (MRFR)
data reveals that leasing operations have had a significant growth, rising from 2% in 1980 to
over 50% in 2016. According to multiple research, the aircraft leasing market is projected to
sustain its growth.

Consequently, it is highly probable that aircraft will be moved between operators, undergoing
many changes of nationality throughout their operational lifespan. Cross-border transfers of
aircraft refer to the process of changing the nationality or registration of an aircraft from one
country to another. The rise in global cross-border aircraft transfers, coupled with variations
in legislation, procedures, and practices among different countries, has exposed inefficiencies
in a worldwide system that was originally designed for a time when such transfers were less
frequent.

4. Fundamentals Of Aviation Law-Ii

• Carriers’ Liability under the Warsaw Convention

The consolidation of private air law governing international air transport became a top
priority in the early stages of aviation history, as the first airlines capable of transporting
people, mail, and cargo were founded immediately after World War I. In 1923, the French
government endeavoured to establish national legislation concerning liability in air
transportation. They recognised that the intricate international aspects of this matter
necessitated the unification of laws on a broad global scale in order to prevent unpredictable
legal conflicts and jurisdictional disputes.

The governments of European countries, concerned about diminishing their control over
airlines, informally reached a consensus to create an independent international organisation
(apart from the League of Nations) with the purpose of developing a global agreement on
private international air law.25

• Development of International Legal Regime: Implementation of International

Air Law in India

India has ratified the Warsaw Convention (1929), the Hague Protocol (1955), and the
Montreal Convention (1999). The regulations outlined in these agreements are legally
binding in India for any air transport, regardless of the nationality of the aircraft involved, as
long as they are consistent with the provisions of the Carriage Act. India officially approved
and accepted the Cape Town Convention on International Interests in Mobile Equipment and
its associated Protocol on March 31, 2008, known as the CTC.26

India allocates resources to training programmes for aviation professionals and regulatory
authorities in order to successfully execute and keep up with developments in International
Air Law. This ongoing process of enhancing skills and knowledge guarantees that individuals
and groups involved have the necessary tools to understand and manage changing legal
environments, and to adjust local legislation in response to global advancements.27

To summarise, the adoption of International Air Law in India is an active and cooperative
endeavour that highlights the nation's dedication to promoting a strong, safe, and lawful civil
aviation industry. India's incorporation of global standards into its domestic practices ensures
the smooth operation of the international aviation community, with a primary focus on the
safety and welfare of its residents and global travellers.28

5. AVIATION LIABILITY AND LAW ON AIR TRANSPORT-I

• Product Liability in Aviation

The burden of proof required for a strict liability action against a manufacturer is less
stringent than to situations involving an aeroplane pilot or carrier. Proof of negligence
causing the accident is not necessary. In nearly all states, a victim has the right to hold a
manufacturer or seller "strictly liable" if it can be proven that a fault in the product directly
caused the injuries.29

25
The Postal History of ICAO, supra note 15.
26
English Releases, https://pib.gov.in/newsite/erelcontent.aspx?relid=48665 (last visited Dec 13, 2023).
27
CIVIL APPEAL NO. 4978 of 2022 ARISING OUT OF SLP (C) NO. 16767/2018.
28
Aviation Laws and Regulations Report 2023 India, https://iclg.com/practice-areas/aviation-laws-and-
regulations/india (last visited Dec 13, 2023).
29
Product Liability and Aviation Accidents - FindLaw, https://www.findlaw.com/injury/torts-and-personal-
injuries/product-liability-and-aviation-accidents.html (last visited Dec 13, 2023).
Aviation accident victims frequently initiate litigation based on product defects under aviation
product responsibility, rather than transportation liability, in order to secure substantial
compensation. The field of aviation product liability possesses a robust global nature,
encompassing both transportation and product liability aspects. In the realm of legal
proceedings, this type of liability is intricately connected to numerous perplexing intricacies,
including the legal relationship, legal subject, principle of liability, exemption of liability,
jurisdiction, and applicable law. China should draw lessons from the well-established
legislation and court practices regarding aviation product liability in Europe and America,
given its focus on large aircraft strategy and increasing emphasis on consumer protection.30

Within the realm of aviation law, this particular legal doctrine simplifies the process of
initiating lawsuits against manufacturers in circumstances involving product defects. Strict
liability operates by shifting the emphasis to the safety of the product rather than the actions
of the individual utilising the goods. Manufacturers operating in a high-risk industry are
required to strictly comply with more stringent regulations. They are required to design,
produce, and provide warnings that align with the anticipated hazards associated with the
usage of the product.31

The burden of proof required for a strict liability action against a manufacturer is less
stringent than to situations involving an aeroplane pilot or carrier. Proof of negligence
causing the accident is not necessary. In nearly all states, a victim has the right to hold a
manufacturer or seller "strictly liable" if it can be proven that a fault in the product directly
caused the injuries.

• Liability Insurance in Aviation

Aviation insurance is a type of insurance that provides coverage for the operation of aircraft,
including drones, and the associated hazards in the field of aviation. Aviation liability
insurance provides coverage for aircraft owners in the event that they are required to
compensate for injuries to individuals or damage to property resulting from the operation of
the aircraft.32

Aviation liability insurance, commonly known as third party liability insurance, covers
aircraft owners for any harm caused by their aircraft to individuals and their belongings. The
30
Eric A. Helland & Alexander Tabarrok, Product Liability and Moral Hazard: Evidence from General
Aviation, 55 THE JOURNAL OF LAW & ECONOMICS 593 (2012).
31
Id.
32
What is Aviation Liability Insurance?, https://www.mfeinsurance.com/aviation-liability-insurance-explained/
(last visited Dec 13, 2023).
insurance policy may provide coverage for damages resulting from a drone malfunction
during flight, such as collisions with houses, cars, farm crops, airport facilities, or other
aircraft.

Aviation liability insurance excludes coverage for the insured owner's aircraft damage, as
well as for passengers and cargo aboard the insured aircraft. Other insurance products provide
coverage for those risks. Hull insurance or in-flight insurance can provide coverage for any
damage sustained by the owner's aircraft. Passenger liability insurance provides coverage for
injuries sustained by passengers. This pertains directly to the hazards of harm or damage that
may befall individuals who are travelling as passengers on the aeroplane. Passenger liability
coverage is a compulsory requirement for commercial or large aircraft in numerous nations.
Payload insurance provides coverage for any harm or destruction to goods and equipment.

Aviation liability insurance is advisable for individuals who possess, rent, or engage in the
operation of an aircraft, including unmanned aerial vehicles (drones). The field of drone
operation is experiencing rapid growth in the aviation industry, and insurance risks associated
with it are still being fine-tuned. Hence, drone activity is making a substantial contribution to
the frequency of losses resulting from aircraft operations.33

Aviation hull insurance: - Aircraft hull insurance provides coverage for damages to the
physical structure of an aircraft caused by several risks, such as war and terrorism. Aircraft
liability insurance provides coverage for aircraft operators in the event of third-party
responsibility.34

6. Aviation Liability & Law on Air Transport - II

• Liability for Damage Caused on Surface and During Collisions

In Maryland, there is a provision that establishes a presumption of carelessness. In the case of

D'Anna v. U.S., which took place in the 4th Circuit of the U.S. Court of Appeals on April 11,
1950, a U.S. Army jet crashed into a fruit market stand, causing injuries to individuals and
property damage. The court determined that the United States failed to provide sufficient
evidence to counter the presumption of liability, and so, was held responsible. The court
expressed that under common law, the operator of the plane was held strictly liable for any

33
Id.
34
hull coverage, aircraft, https://www.irmi.com/term/insurance-definitions/hull-coverage-aircraft (last visited
Dec 13, 2023).
harm or damage caused to individuals or their property on the ground due to the inherently
risky nature of the aviation activity.35

The Maryland act has amended this regulation to the degree that the owner or operator of the
plane may absolve himself by demonstrating that the injury was not a result of his fault.
Therefore, the assessment of responsibility of aircraft operators for damages (potentially
unrelated to the mere presence of aircraft in cases of trespass and nuisance) to individuals and
property on the ground, where the damages are a result of the aircraft operator's negligence
and the affected party is not at fault, can be efficiently resolved by applying the established
principles of negligence under common law that are applicable to land-based torts.

• Air Carrier Liability

Typically, in the field of law, the burden of proof is with the one making the accusation.
Hence, an accused individual is entitled to the assumption of innocence unless they are
proven guilty. Nevertheless, when it comes to transporting passengers by air, the airline is
automatically considered responsible if a passenger claims to have suffered bodily harm or if
their dependents claim that their death was caused by the airline.36

Undoubtedly, the airline can argue that it had implemented all essential precautions to prevent
the damage or that there was partial carelessness, so nullifying or invalidating its liability.
The peculiar exception in the law that places a burden of responsibility on the airline is found
in article 17 of the Warsaw Convention. This article states that the carrier is accountable for
any harm suffered by a passenger in the event of their death or injury, if the accident leading
to such harm occurred on the aircraft or during the process of boarding or disembarking. The
Warsaw Convention offers lawyers an intriguing and distinct field of law that merits
discussion.

Defences available to airlines: - The Warsaw Convention encompasses two important

elements that regulate the civil liability of airlines. The presumption of culpability is imposed
on the airline, together with liability limits that protect the airline from unlimited liability and
false claimants. Two additional aspects serve as adjuncts to the initial concepts. It is possible
for the airline to present specific evidence in order to counter the assumption made against
them, and if the airline is proven to have intentionally acted wrongly, they cannot claim the

35
Liability for Damage Caused by Space Objects, https://mansors.com/blog/liability-for-damage-caused-by-
space-objects (last visited Dec 13, 2023).
36
Air Carrier Liability | Air Dolomiti, https://www.airdolomiti.eu/legal-info/air-carrier-liability (last visited Dec
13, 2023).
liability limits outlined in the Warsaw Convention. Upon initial observation, the
aforementioned four notions appear to be categorised into two sets of equilibrating
measurements.37

The airline is both held to strict liability standards and also benefits from two rules that
restrict its monetary liability and provide a defence against the presumption. From 1929 to
1999, the Warsaw Convention was in effect, and its provisions were mostly carried over to
the Montreal Convention. Consequently, the majority of legal interpretations regarding
liability were based on the Warsaw Convention in cases involving accidents throughout the
1970s. According to Article 20(1) of the Warsaw Convention, the airline is not responsible for
any damages if it can demonstrate that it and its agents had taken all required precautions to
prevent the harm, or if it was not practicable for them to do so.

7. Aviation Liability And Law On Air Transport-Iii

• Law on Air Transport

The Aircraft Act of 193438 establishes the fundamental structure for the oversight of civil
aviation in India. It addresses matters such as aircraft registration, pilot licencing, and the
oversight of air traffic control and navigation.

The Air Corporations Act of 1953 pertains to the formation and governance of government-
owned enterprises in the realm of civil aviation.39

The Carriage by Air Act of 1972: - This legislation regulates the entitlements and
responsibilities of passengers, airlines, and other entities with regards to air transportation.
Additionally, it establishes the regulations for the examination of mishaps and occurrences
involving civilian aircraft.40

The Airports Authority of India Act, 1994 establishes the Airports Authority of India (AAI) as
the governing body responsible for overseeing and advancing the operations and growth of
airports in India.41

The Directorate General of Civil Aviation Act, 2011 established the Directorate General of
Civil Aviation (DGCA) as the governing body responsible for supervising and regulating civil
aviation in India.
37
The Postal History of ICAO, supra note 15.
38
Aircraft Act of 1934.
39
Air Corporations Act of 1953.
40
Carriage by Air Act of 1972.
41
Airports Authority of India Act, 1994.
The AAIB Act of 2017: - The Aircraft Accidents Investigation Bureau (AAIB) is established
by this legislation to serve as the governing authority responsible for investigating and
determining liability in the case of accidents or incidents involving civil aircraft in India. 42

The Air Transport Agreement Act, 2020 aims to govern and advance air transport services in
India, with a focus on enhancing safety, security, and economic prosperity within the Indian
aviation sector.43

In India, the aviation laws are implemented to guarantee the safety and security of air travel,
as well as safeguard the rights and interests of those participating in the aviation sector.

• Bilateral Air Transport Agreements-Traffic Rights and Air Transport

Agreements-Competition Law and Air Alliances.

The International Civil Aviation Organisation (ICAO) acknowledges the authority of a nation
to exercise control over the airspace situated over its boundaries. Bilateral agreements refer to
air service agreements between two countries that provide varying levels of air traffic rights,
providing the airlines of one country the privilege to operate in the airspace of another
country. Hence, the presence of rights granted through bilateral agreements to AIL and other
domestic and international carriers, as well as the degree to which they are utilised, might
have an effect on AIL. The rights pertaining to international commercial aviation are
sometimes referred to as "freedom of the air".

The 18th report of the Comptroller and Auditor General (CAG) of India, titled 'Performance
Audit Report on Civil Aviation in India', emphasised the effects of the increased bilateral
entitlements agreed upon by India after the liberalisation of air traffic rights in 2003. It
specifically highlighted the disproportionate utilisation of these entitlements by foreign
carriers compared to Indian carriers, with Air India Limited (AIL) being particularly affected.
The Report highlighted the substantial volume of 6th freedom transportation to and from
India by foreign airlines, in contrast to the number of passengers travelling directly between
two points. A proposal was made to freeze the entitlements for airlines and countries that
heavily rely on 6th freedom traffic (such as Dubai, Bahrain, and other Gulf countries) until
India establishes its own efficient hubs and Air India/other Indian carriers can effectively

42
AAIB Act of 2017.
43
Air Transport Agreement Act, 2020.
utilise them. This freeze should be implemented by the Ministry of Civil Aviation (MoCA), if
feasible, taking into account diplomatic and other relevant factors.

• Judicial Perception of Liability & Compensation in Air Craft Accidents

Aircraft accidents are highly significant and equally intricate matters in aviation law. It
necessitates careful discernment regarding the responsible party, the type of liability, and its
scope. The wide range of jurisdictions in which the parties are located poses a challenge in
determining culpability. Furthermore, if the liability is established, the next crucial matter to
be correctly addressed is compensation. Aviation, being the most recent form of
transportation, undergoes constant modernization, leading to unforeseen and unusual
situations and challenges. Maintaining uniformity and predictability in the laws and
regulations controlling aircraft accidents becomes challenging in such a circumstance. The
Warsaw Convention of 1929 and the Montreal Convention of 1999 are important efforts to
establish a consistent liability system. However, given the ever-changing nature of the
aviation sector, it is the courts and their interpretation of the law that ensure justice is served.
This study examines the interpretation and settlement of culpability and compensation issues
in aircraft accidents by courts worldwide.

International Judicial perception: - In the Lear v. New York Helicopter case 44, a US court
broadened the scope of the carrier defined in Article 17 to encompass not only the parent
holding company of the carrier, but also the aircraft's maintenance firm and the operator of
the heliport from which the aircraft departed. As per the court's ruling, all defendants were
members of the identical corporate framework and engaged in the same business venture. The
decision's precedential relevance was limited due to the court's apparent confusion between
Article 30 on successive carriers and the concept at hand. The contract of carriage imposes a
duty on the carrier to deliver goods without any harm or delay, hence obligating the carrier to
complete the transportation within a reasonable timeframe. The carrier's obligation is
established on the basis of fault liability, wherein the burden of evidence rests with the
carrier.

Indian Judicial perception: - The case of National Aviation Company of India Ltd. V. S.
Abdul Salam & others45, also referred to as the Mangalore Air Crash, involved the tragic
incident of an international air aircraft crashing, resulting in the death of 158 individuals and

44
Lear v. N Y Helicopter Corp., 190 A.D.2d 7.
45
WA.No. 1197 of 2011.
injuries to 10 people, including the crew. The flight originated from Dubai and arrived in
Mangalore. The crash was caused by pilot mistake.

8. Aviation Law on Safety & Security

• Legal Regime Governing Crimes on Board Aircrafts

The 1963 Tokyo Convention, sometimes known as the Convention, established a legislative
framework to regulate the jurisdiction over criminal offences committed on international
flights. The Convention also established a set of regulations, which included a limited
immunity framework that protected the aircraft commander, crew members, and passengers
from any administrative, civil, or criminal consequences. This framework granted them the
authority to employ countermeasures in specific situations to control the criminal perpetrator.
The Convention was ratified and brought into force in 1969, marking the international
recognition of the threat of hijacking and the adequate momentum and interest of multiple
States. Only a small number of conscientious writers have given significant thought to the
Convention as a whole in the eleven years following its ratification. The Tokyo Convention
does not mandate extradition, which is considered a major flaw. As a result, it has often been
criticised as "the toothless tiger" because it establishes jurisdiction over air crimes but lacks
the required mechanisms for effective enforcement.46

Jurisdiction over crime on board: - The study of Jurisdiction Over Crimes On Board
Aircraft is an examination of the process of creating conventions. Therefore, only based on
this criterion, the book can be highly recommended to the student studying international law.
This demonstrates how decision makers of nation-States, through the laborious and time-
intensive procedures of drafting proposals, evaluating them, revising them, presenting
counterproposals, engaging in discussions, arguments, and reaching compromises, generate
novel international laws based on existing frameworks to address current challenges.
Furthermore, the book includes some exceptional vignettes on customary international law.
For instance, it explores the conventional regulations of jurisdiction based on the person-
territorial principle, as well as the principles of extra-territorial and concurrent jurisdiction,
along with the security and universality principles. Additionally, there is a comprehensive
analysis of the process by which a convention is implemented, including the regulations
pertaining to signing, ratifying, acceding to, and denouncing the convention.

46
Air law - Aircraft Acts, Occurrences, Regulations | Britannica, https://www.britannica.com/topic/air-law/Acts-
and-occurrences-on-board-aircraft (last visited Dec 13, 2023).
Two Crucially, the Convention harmonises the contradictory regulations on criminal
jurisdiction. According to Dr. Shubber, Article 3(1) establishes a system where the laws of the
country where the aircraft is registered are applied outside of its territory.47

The user's text is empty. Simply said, the penal laws of the State that the aircraft is registered
in, often known as flag law, are applicable to offences committed on board the aircraft. This
contribution made a substantial impact on international aviation law, as well as international
law as a whole, due to its high level of significance and innovation. Dr. Shubber, however,
perceptively highlights that this accomplishment has its disadvantages, as registration and
nationality are exclusively attributed to States.”

• Aircraft Hijacking

Aircraft hijacking is the term used by states at the international level to refer to the unlawful
seizure of an aircraft. The 1963 Tokyo Convention mandates that contracting states must take
necessary actions to regain control of an aircraft that has been hijacked while in flight and
return it to its rightful commander. Additionally, the state where the aircraft lands is required
to permit the passengers and crew to proceed with their journey and return the aircraft and its
cargo to the rightful owners. The 1970 Hague Convention for the Suppression of Unlawful
Seizure of Aircraft was established as a response to a series of hijackings that started in 1968.
Its purpose was to prohibit hijackers from seeking protection in any of the countries that
signed the convention.48

The number of individuals injured or killed, as well as the amount of aircraft damaged or
destroyed, resulting from acts of sabotage or violence against aircraft and civil aviation
equipment, much surpasses the severity of hijackings. It was similar to the 1970 Hague
agreement, which addressed the issue of wrongful seizure.

• Security Regulations: ICAO & DGCA Regulatory Approach

Safety provisions by ICAO: - Ensuring safety is a fundamental aspect of providing fast and
reliable air services. International collaboration on aviation safety, facilitated by ICAO,
between governments and industry organisations has played a crucial role in establishing
commercial flight as the most secure mode of transport. The 193 countries collaborating
under ICAO are presently striving to achieve their mutually agreed global safety objective of

47
Convention on International Civil Aviation (ICAO Convention) - The Faculty of Law, supra note 24.
48
Air law - Hijacking, Aviation Security, Terrorism | Britannica,
https://www.britannica.com/topic/air-law/Hijacking (last visited Dec 13, 2023).
zero fatalities by 2030. They are concurrently enhancing their regulatory capabilities and
pursuing various programmes and targets related to key aspects of global aviation safety
planning, oversight, and risk reduction. Additionally, they are striving to provide the
necessary safety standardisation to incorporate current advancements in aircraft propulsion,
design, autonomous control, and personal mobility. This is being done without compromising
or enhancing the overall performance of the network. To gain further knowledge about these
particular safety actions and programmes, please refer to the offered links and utilise the
navigation options available in the left-side menu.49

Air traffic management by ICAO: - Air traffic services (ATS) have the primary objectives
of maintaining safe and organised traffic flow, which is facilitated by the air traffic control
(ATC) service. Additionally, ATS provides essential information to flight crews through the
flight information service (FIS). In the event of an emergency, ATS also alerts the appropriate
bodies, such as search and rescue (SAR) services. Air traffic services (ATS) are primarily
carried out by air traffic controllers. The primary roles of air traffic controllers are to avert
collisions by implementing suitable separation protocols and issuing prompt clearances and
instructions that establish a systematic flow of air traffic. This includes accommodating crew
requests for desired altitudes and flight paths, ensuring uninterrupted ascent and descent
operations, and minimising air and ground holding durations. ATS depends on strategic
interventions by the controllers and direct communication with the flight crews during the
full duration of the flight.50

Safety regulations by DGCA: - DGCA is the governing authority responsible for overseeing
safety matters in the field of Civil Aviation. The organisation is accountable for overseeing air
transport services to, from, and within India, as well as ensuring compliance with civil
aviation legislation, air safety protocols, and airworthiness criteria. The DGCA is responsible
for coordinating all regulatory activities with the International Civil Aviation Organisation
(ICAO).

• New Development in Air Law

Problems faced in application of air laws: - The Indian aviation sector encounters
numerous obstacles that significantly affect its expansion and long-term viability. The

49
Anastasios Giannaros et al., Autonomous Vehicles: Sophisticated Attacks, Safety Issues, Challenges, Open
Topics, Blockchain, and Future Directions, 3 JOURNAL OF CYBERSECURITY AND PRIVACY 493 (2023).
50
Air Traffic Management (ATM), https://www.icao.int/safety/airnavigation/pages/atm.aspx (last visited Dec 13,
2023).
problems encompass infrastructure constraints, adherence to regulations, scarcity of skilled
labour, a cost-intensive framework, security apprehensions, and environmental ramifications.

Infrastructure: The aviation industry in India is confronted with a significant difficulty in

terms of having sufficient airport facilities. Several airports across the nation require
upgrading due to their outdated infrastructure, while others are situated in remote locations,
resulting in congestion, delays, and safety concerns. Another obstacle that needs to be
addressed is the requirement for additional runway capacity. With the ongoing increase in the
number of flights and passengers, there arises a necessity for additional runways to
effectively handle the augmented traffic. Constructing more runways is a costly and time-
consuming endeavour, and acquiring land can be a substantial obstacle in India. Furthermore,
India's air traffic management system is somewhat less sophisticated than that of certain other
nations, resulting in potential delays and congestion. An overhaul and modernization of the
current air traffic management system is necessary to enhance efficiency and safety.
Improved connectivity between airports and other modes of transportation, such as trains and
buses, is necessary. Several airports in India are situated at a considerable distance from city
centres, resulting in a lack of sufficient public transport options. Consequently, passengers
face challenges in reaching their intended destinations.

Regulation: The regulatory structure governing the aviation sector in India is intricate and
frequently poses difficulties in understanding and complying with. Various governmental
entities oversee distinct facets of the business, such as the Ministry of Civil Aviation, the
Directorate General of Civil Aviation (DGCA), the Airports Authority of India (AAI), and the
Bureau of Civil Aviation Security (BCAS). The existence of various agencies can contribute
to both clarity and delays in the process of acquiring permits and licences, as well as ensuring
the uniform enforcement of legislation. A major obstacle within the regulatory framework is
the need for enhanced precision and uniformity in policy. Regulations are frequently open to
interpretation, resulting in varying outcomes contingent upon the agency responsible. This
can generate ambiguity for airlines and other participants in the business and escalate the
expenses associated with adhering to regulations. Yet another obstacle lies in the sluggish
progress of regulatory change. The aviation sector undergoes continuous evolution,
necessitating laws that align with these advancements to guarantee safety and optimise
efficiency. Nevertheless, the process of modifying rules can be sluggish and burdensome, so
hindering the expansion and advancement of the business. Furthermore, there is a
requirement for enhanced transparency and responsibility in the regulatory procedure.
Industry stakeholders have requested increased involvement with regulators and consultation
in the formulation of policies and regulations. In general, there is a requirement for a more
efficient and simplified regulatory structure for the aviation sector in India. To achieve this, it
is necessary to prioritise the attainment of clear and consistent regulations, expedite the
process of regulatory reform, and enhance transparency and collaboration with industry
stakeholders.

9. Introduction To Space Law - I

• Definition & Scope of Space Law

Demarcation of Outer Space: - We think that vertical or spatial demarcation is the most
effective conclusion, even if Gardiner says that the functional approach to air and space
demarcation is the most promising. However, there are significant problems with this
reasoning. Establishing a clearly definable border at a specific height above mean sea level is
known as vertical or spatial delineation. Where planes soar through the air is known as
"airspace," while where spacecraft land is known as "functional demarcation."51

There must be a boundary to national sovereignty at the edge of space, according to Oduntan
because of the principle of equal and free use of space. Why isn't there a clear boundary
between air space and outer space? This article will look at the policy and legal distinctions
between the two. Next, it will claim that demarcation is essential for preventing conflicts over
state sovereignty, weapon usage, and public exploitation. In the last section of the paper, we
suggest that, rather than using a functional demarcation, it is better to use a vertical or spatial
location barrier. Specifically, we claim that it should be best to construct a clearly definable
boundary above mean sea level.

Use of space technology: - Satellites, positioned in high orbits, serve a crucial role in
controlling and comprehending our planet as we negotiate the intricacies of the contemporary
world. These celestial sentinels, ranging from catastrophe prediction to resource management
and satellite navigation to global communication, have become essential instruments in our
pursuit of a more knowledgeable and interconnected society. This article explores the various
uses of satellite technology in disaster management, resource allocation, navigation, and
communication.52

51
The need for air space and outer space demarcation - ScienceDirect,
https://www.sciencedirect.com/science/article/abs/pii/S0265964605001104 (last visited Dec 13, 2023).
52
Benefits of space technology on Earth and why invest in it, https://www.bbva.ch/en/news/benefits-of-space-
technology-on-earth-and-why-invest-in-it/ (last visited Dec 13, 2023).
Disaster management has been revolutionised by satellites that are equipped with superior
remote sensing technologies. Satellites play a crucial role in forecasting natural disasters like
hurricanes, earthquakes, and floods by observing environmental shifts, identifying
irregularities, and collecting up-to-date information. Prompt alerts empower authorities to
mobilise resources, evacuate susceptible regions, and alleviate the consequences of
catastrophes on populations.

Satellites offer a vital viewpoint for effectively managing Earth's resources. Remote sensing
technologies facilitate the surveillance of land use, agricultural trends, and the distribution of
natural resources. The importance of this data lies in its significance for promoting
sustainable development, preserving the environment, and optimising resource allocation.
Satellites play a crucial role in enhancing precision agriculture, managing water resources,
and monitoring deforestation, so facilitating responsible stewardship of our planet.

Satellite navigation technologies, including the Global Positioning System (GPS), have
become indispensable in our everyday existence. Satellite-based positioning systems promote
safety, efficiency, and convenience by providing guidance to travellers on their smartphones
and enabling precise navigation for aircraft and ships. These technologies support and
facilitate logistics, transportation, and emergency response, hence enhancing the efficient
operation of diverse sectors.

Satellites function as the fundamental support system for worldwide communication

networks. They enable the exchange of information over large distances, establishing
connections between individuals and enterprises worldwide. Satellites have a crucial function
in connecting different locations and promoting global connectedness by facilitating
television broadcasts, internet access, and secure military communications.

The advent of satellite transmission has revolutionised the media industry. Satellite
transmission of television and radio transmissions ensures extensive coverage, reaching
distant and neglected regions. Moreover, satellites play a crucial role in facilitating global
telecommunication by connecting areas where conventional infrastructure may be difficult to
develop.

Satellite technology, with its diverse range of uses, has become an essential component of our
efforts to oversee, comprehend, and establish connections with our planet. Satellites have a
crucial role in various areas, such as forecasting and preventing disasters, optimising the use
of Earth's resources, providing accurate navigation, and facilitating uninterrupted worldwide
communication. They are at the forefront of technological advancement. With the continuous
advancement of technology, satellites are expected to play an increasingly significant role in
managing Earth. This expansion will provide new opportunities to tackle the difficulties and
possibilities that await us in our constantly changing environment.

• Development of the Space Law

With the transition from conquering the skies to exploring the stars, humanity has entered a
new era of legal considerations in the immense expanse of the cosmos. Beyond a simple
change in terminology, the expansion of air law into space law reflects the possibilities and
threats posed by humankind's exploration of space. This blog delves into the importance of
peaceful international cooperation as we transition from air law to space law, a paradigm
shift.

The intricacies of space travel were beyond the scope of air law, which originated from the
need to control activities within Earth's atmosphere. A unique set of laws was clearly required
as the "final frontier" approached. This shift is an acknowledgement that human aspirations
stretch beyond Earth's surface, and that there must be regulations governing human behaviour
in space.

For the purpose of guiding states in their space endeavours, numerous international treaties
and agreements have been drafted. By establishing space as a common human domain and
banning the launch of nuclear, chemical, or biological weapons into orbit, the Outer Space
Treaty (1967) lays the groundwork. The common responsibility of states in protecting the
safety of astronauts and addressing accountability for damages caused by space objects is
emphasised in the Rescue and Return Agreement (1968) and the accountability Convention
(1972).

Nations, especially developing ones, are able to enhance their space capabilities with the help
of UNOOSA, which offers a forum for cooperation and discussion. Everyone knows that
space exploration isn't just about one country's interests; it's a global effort.

There are more and more problems as the human presence in space grows. Space debris has
been a problem for decades due to human activity in space, and finding solutions will require
concerted effort from countries all around the world. A number of new dynamics have
emerged as a result of the proliferation of commercial space activities, and the global
community must now decide how to regulate private space initiatives and protect intellectual
property.

Adapting to new technology and tackling new difficulties are crucial for the future of space
law. Soon, sustainable practices will be in place and space resources will be put to use.
International cooperation on frameworks to guarantee fair and responsible use of celestial
body resources is essential as both public and corporate sectors want to access these wonders.

As we look up at the stars, it's critical that we cross this last hurdle as a team, coming to terms
that go beyond national boundaries and bring us together in our common pursuit of
understanding and advancement. As we journey into space in this period of discovery, may
the values of unity, nonviolence, and accountability lead the way.

10. Introduction To Space Law- II

• Fundamental Principles: Province of all Mankind

The first article of the Space Treaty. The exploration and utilisation of extraterrestrial space,
including the Moon and other celestial bodies, will be conducted for the advantage and in the
favour of all nations, regardless of their level of economic or technological advancement, and
shall be the domain of all humanity.

Outer Space, which encompasses the Moon and other celestial bodies, must be accessible to
all nations without any form of discrimination. This access should be granted on an equitable
basis and in compliance with international law. Furthermore, all parts of celestial bodies
should be freely accessible.

There must be unrestricted scientific exploration in outer space, including the Moon and other
celestial bodies, and countries should actively support and promote international
collaboration in such exploration.

The Space Treaty mandated that the investigation and utilisation of outer space shall be
conducted for the advantage and in the concerns of all nations.1 The phrase "for the benefit
and in the interest of all countries" is inherently ambiguous and does not readily allow for a
straightforward assessment. Nevertheless, under the following conditions, exploration and
utilisation can be advantageous and in the best interest of all nations if (1) it contributes to the
preservation of global peace and security, (2) fosters international collaboration and
comprehension, and (3) shares the findings with the international community.
Signatory nations of the Treaty must consider astronauts as representatives of humanity in
space and must provide them with any necessary help in case of accidents, distress, or
emergency landings on the territory of another signatory nation or on the open sea. Upon
making a landing, astronauts will be swiftly and securely transported back to the country
where their space craft is registered.

• Space Treaties

1968- Liability Convention: - The Liability Convention of 1972 stipulates that a state
responsible for launching space objects bears legal responsibility for any resulting damages.
This encompasses the destruction of the Earth's crust, aeroplanes, and malfunctions in outer
space. The convention also encompasses harm resulting from space objects launched by
cooperative efforts of two or more governments. In this scenario, all states implicated bear
joint and several liability for the incurred damage. Consequently, the aggrieved person has
the legal right to file a lawsuit against either state in order to seek compensation for the entire
extent of the harm incurred. The Liability Convention expands upon the provisions of Article
7 in the Outer Space Treaty of 1967. In 1962, the United Nations General Assembly called for
the Legal Sub-Committee of COPUOS to promptly prepare the convention.

1975-Registration Convention: - The 1975 Convention on Registration of Objects

Launched into Outer Space, often known as the Registration Convention, was adopted and
came into effect. This was a significant accomplishment in the expansion and reinforcement
of the body of space law. The treaty in question is the fourth one that was negotiated by the
member states of the United Nations Committee for the Peaceful Uses of Outer Space (UN
COPUOS). It serves as a specific law that provides further details on Articles V, VIII, and XI
of the Outer Space Treaty (OST).

1975 - Moon Treaty: - The United Nations asked the Committee on the Peaceful Uses of
Outer Space and its Legal Subcommittee to look into the possibility of drafting a preliminary
international convention pertaining to the moon in its resolution 2779 (XXVI) of November
29, 1971. Resolutions 2915 (XXVII) of 9 November 1972, 3182 (XXVIII) of 18 December
1973, 3234 (XXIX) of 12 November 1974, 3388 (XXX) of 18 November 1975, 31/8 of 8
November 1976, 32/196 A of 20 December 1977, and 33/16 of 10 November 1978, all of
which encouraged the formulation of the draft treaty pertaining to the moon, further bolstered
this request. Never forget that the Committee on the Peaceful Uses of Outer Space's
suggestion was adopted in resolution 33/16. In its eighteenth session, the Legal
Subcommittee should focus on finishing the draft treaty regarding the moon, according to this
suggestion. Upon perusing the relevant portion of the Committee on the Peaceful Uses of
Outer Space report, particularly paragraphs 62, 63, and 65. After reviewing the proposals and
debates from the Legal Subcommittee, the Committee on the Peaceful Uses of Outer Space
has completed the draft Agreement Governing the Activities of States on the Moon and Other
Celestial Bodies. Everyone is happy with this success.

1979 - Partial Test Ban Treaty: - In 1954, India initiated the initial proposition advocating
for a treaty to prohibit nuclear weapons testing. In 1958, the United States, the Soviet Union,
and the United Kingdom initiated a Conference on the Discontinuance of Nuclear Tests in
Geneva, with the objective of achieving consensus on a meticulously regulated ban on
nuclear testing. The Conference failed to materialise due to the inability of the parties to
establish a consensus on the matter of verification protocols. The Partial Test Ban Treaty
(PTBT), often referred to as the Limited Test Ban Treaty (LTBT), was signed on 5 August
1963 in Moscow by the United States, the Soviet Union, and the United Kingdom.

1963- Weather Modification Convention 1977: - The ENMOD Convention is an

international disarmament treaty designed to safeguard the environment during times of
armed conflict by prohibiting the use of environmental modification techniques for military
or hostile purposes. This policy prohibits the utilisation of the environment as a method of
warfare with malicious intent. The rules outlined in Protocol I of 1977, which supplements
the Geneva Conventions of 1949, serve as a crucial addition to the ENMOD Convention.
They explicitly forbid any harm to the environment that may occur during times of armed
conflict. Additional regulations and principles of international humanitarian law provide
safeguarding for the environment in times of armed conflict, albeit without explicit reference.
These principles, specifically the principle of distinction and the principle of proportionality,
are particularly applicable when it comes to the rules of engagement in conflict. The principle
of distinction ensures that attacks are only directed against military targets, while the
principle of proportionality bans the use of excessive force or techniques of warfare that
inflict unnecessary damage. The ENMOD Convention was deliberated upon during the
Conference of the Disarmament Commission and subsequently ratified by the General
Assembly of the United Nations on 10 December 1976. The document was made available
for anybody to sign in Geneva on 18 May 1977, and officially became effective on 5 October
1978.
 • International and Inter-Governmental Organizations: Bilateral Agreements

The realm of space extends beyond the limits of territorial borders. Similar to other global
space organisations, the Department of Space maintains an international presence through
cooperation and coordination.

International collaboration is a crucial aspect of a space programme as it is shaped by

political, economic, cultural, and individual variables, in addition to scientific and
technological concerns. India acknowledges that space encompasses dimensions beyond
national interests, necessitating collaboration with international counterparts. Over time, as
ISRO has gained expertise and advanced technological capabilities, the potential for
collaboration has become diverse and complex. Exploratory missions beyond Earth are the
primary contenders for collaborative endeavours. However, there are numerous other
subjects, such as the effects of climate change on Earth, space science, and planetary
exploration, that also garner international attention due to their worldwide significance.

• India’s position with reference to space Law.

India commenced its space research endeavours in the early 1960s, a time when satellite
applications were still in the experimental phase, even in the United States. Through the live
broadcast of the Tokyo Olympic Games via the American Satellite 'Syncom-3' across the
Pacific, the efficacy of communication satellites was showcased. This event prompted Dr.
Vikram Sarabhai, the pioneer of the Indian space programme, to swiftly acknowledge the
advantages of space technologies for India.

11. Emerging Trends And Challenges In Space Law:

• Space Tourism issues in present times: Regulation and safety concerns.

Space tourism vehicles, unlike other transportation technologies, may not require independent
safety certification despite their potential to cause fatalities. Currently, prospective space
explorers appear to be accepting of this situation, but is the emerging sector engaging in a
risky endeavour?53

Jared Isaacman, the tech entrepreneur who financed the expedition and assumed the role of
commander, asserted that the crew faced a heightened probability of encountering an accident
during the fighter jet flights conducted as part of their preparation.

53
- Kluwer Law Online, https://kluwerlawonline.com/journalarticle/Air+and+Space+Law/47.2/AILA2022014
(last visited Dec 13, 2023).
"In recent days, we have been engaging in intense aerial manoeuvres using fighter jets, which
I consider to be a comparatively more dangerous activity than this mission," stated Isaacman.
"We feel pleasant and at ease as we secure ourselves inside the Dragon Crew capsule."

However, what is the precise magnitude of the mortality risk associated with space missions?
During an interview on NBC's Today show on September 15, Phil McAlister, the director of
commercial spaceflight at NASA, stated that riding on SpaceX's Crew Dragon capsule is
approximately three times safer than riding on NASA's space shuttle during its final years of
operation. This is noteworthy as shuttle flights were considered to be at their safest during
this period due to enhanced inspections and heightened awareness.

"We successfully integrated supplementary technologies." According to McAlister's statement

on the Today show, the Dragon system possesses an abort capability that was previously
unavailable to us. "All of these factors have augmented the probability of accomplishing your
mission with success."

In contrast, the likelihood of an average American dying in an aeroplane accident over their
lifetime is 1 in 205,552, as indicated by data from the National Safety Council. Conversely,
the probability of losing one's life in an automobile accident in the United States is 1 in 107,
as indicated by the aforementioned source.

However, numerous specialists caution that an extraordinary occurrence is taking place inside
the space tourism sector, which could heighten the likelihood of prospective space tourists
perishing in a catastrophic accident.

Major environment concerns: - Another significant worry pertains to the environmental

impact associated with the increased number of individuals being sent into space. It would
significantly amplify the climate effects of space operations by ten times. This would further
intensify the issues that society is now facing.

Currently, the wealthiest 1 percent of individuals are releasing around 100 times more carbon
dioxide (CO₂) into the atmosphere than the least affluent 10 percent. Globally, authorities are
becoming more cognisant of the differential impact of climate change on specific people
across the globe. They are cognisant of the pressures and volatility resulting from large-scale
migration induced by climate change. Space tourism exacerbates this inequity.

Various significant environmental issues exist. Launches, especially those involving solid
rocket boosters, contribute to the depletion of stratospheric ozone. Furthermore, there are
concerning amounts of atmospheric pollution due to the presence of metals resulting from
numerous launches and the re-entry of debris. This region is progressing rapidly with
remarkable velocity. Initially, it appears that we may utilise the enthusiasm and awe of space
exploration to generate financial resources for scientific advancements and the creation of
technology that greatly benefits humanity.

Nevertheless, it is prudent to allocate sufficient time for thoughtful consideration of the

potential repercussions. The inclusion of human presence, or crewed element, in commercial
human spaceflight renders its financial model susceptible to a single failure, as exemplified
by the recent collapse of the Titan submersible.

• Commercial space innovation

Space enthusiasts have recognised several potential prospects for future commercial
utilisation of space. In order to achieve economic viability, many rely on reducing the cost of
space transportation, a goal that has so far proven elusive for both governments and private
businesses. Historically, the expense of accessing low Earth orbit has been in the range of
tens of thousands of dollars per kilogramme of payload, posing a substantial obstacle to the
progress of space exploration. Nevertheless, SpaceX managed to decrease this expense by a
factor of 10 through its Falcon 9 rocket and has made a commitment to further diminish it
with its forthcoming Falcon Heavy.54

The International Space Station (ISS) was once anticipated to serve as a hub for substantial
commercially financed research and other operations, as its laboratories commenced
functioning. The proposed plans encompassed industry-funded microgravity research
conducted in ISS laboratories, as well as unconventional activities including accommodating
fare-paying guests, filming movies on the facility, and permitting commercial endorsements
of commodities used aboard the station. The ISS's commercial success was anticipated to
spur the creation of novel privately-funded establishments in low Earth orbit, encompassing
research, manufacturing, and residential outposts. Additionally, it was expected to potentially
foster privately-funded transit methods for accessing these facilities. The commercial demand
for access to the station did not arise due to delays in building the station, especially after the
grounding of the shuttle fleet following the Columbia catastrophe in 2003. Nevertheless,
considering the ISS's projected operation until at least 2024, it is plausible that the

54
The Commercial Space Age Is Here, https://hbr.org/2021/02/the-commercial-space-age-is-here (last visited
Dec 13, 2023).
commercial sector might utilise the ISS to a greater extent if initial research findings
substantiate the advantages of the station.

Space tourism refers to the transportation of paying passengers into space, which presents a
promising opportunity for commercial use. Multiple surveys have indicated that a significant
number of people in the general population are willing to spend substantial amounts of
money for the chance to partake in space flight. While a small group of affluent individuals
have bought expensive journeys to Earth's orbit to visit the ISS, the widespread growth of the
space tourism industry will only become feasible until more affordable and dependable
transportation means to reach orbit are created.

One form of space tourism involves transporting paying customers to the boundary of space,
often at an altitude of 100 km (62 miles), for short suborbital journeys that provide a brief
period of weightlessness and a panoramic perspective of Earth. In 2004, as a result of a prise
competition that began in the late 1990s, a privately financed aircraft called SpaceShipOne
achieved the distinction of becoming the first of its sort to transport human beings
(specifically, test pilots) on such journeys. This accomplishment has the potential to mark the
initiation of a commercial enterprise focused on suborbital travel. However, the velocity
achieved by SpaceShipOne was little more than three times the speed of sound, which is
approximately one-seventh of the velocity needed to enter a feasible low-Earth orbit. Regular
commercial spaceflights to orbit seem to be several years away.

Nevertheless, a number of enterprises, including Virgin Galactic with its SpaceShipTwo,

aspire to initiate commercial suborbital journeys. Furthermore, aside from accommodating
space tourists, such journeys could also offer prospects for study and the advancement of
technology. According to a 2012 estimate, it was predicted that daily suborbital flights may
become a reality within a decade of the initial commercial suborbital flight.

Proposals have been put up for space-based systems that can gather substantial amounts of
solar energy and send it to Earth via microwaves or laser beams, as a substitute for current
energy sources. To accomplish this goal, it is necessary to deploy several substantial
buildings in outer space and develop an environmentally sustainable method of transmitting
energy. This will enable the creation of a cost-efficient alternative to Earth-based energy
supply systems.55

55
Locke, John, 1632-1704. The Second Treatise of Civil Government and A Letter Concerning Toleration.
(chapter – 5) Oxford:B. Blackwell, 1948.
Issues for the future: - The impetus for space exploration and development has been driven
by a multifaceted combination of factors, such as scientific curiosity, fierce rivalry among
nations and ideologies, and the pursuit of commercial gain. The fundamental idea behind this
vision is the expansion of human presence beyond Earth, culminating in the establishment of
permanent communities in space or on other celestial entities. Indeed, the number of
individuals who have ventured beyond the Earth's orbit is a mere 27. This exclusive group
consists solely of Apollo astronauts, who undertook this remarkable feat during the
predominantly politically motivated competition to reach the Moon. A total of twenty-four
astronauts have had the opportunity to visit the Moon, with twelve of them having the
privilege of walking on its surface. Furthermore, there are plans to send more humans to the
Moon by 2025 as part of the Artemis space programme.

The diverse applications of space capability offer the most potential for substantial
transformation. If additional commercial enterprises achieve or exceed the level of success
seen in the satellite communications industry, space could emerge as a prominent hub for
business operations. If countries want to enhance the operations of their armed forces in outer
space, it has the potential to transform space into a significant military domain, comparable to
the land, sea, and air on Earth, where warfare may be conducted and weapons can be
deployed. If the need arises to effectively govern the planet, a diverse range of specialised
observation satellites could be deployed to observe Earth from orbit. Consequently, the 21st
century is expected to witness a significant increase in human activities in outer space
compared to the 20th century. Eventually, it may be required to build a space traffic-control
system similar to the traffic-control systems on Earth. Currently, the presence of space debris
poses a significant risk to the utilisation of outer space. This debris includes remnants from
rocket stages that have exploded, defunct satellites, unintentional collisions between space
objects, and even instances of testing antisatellite weaponry. In response, both governments
and private operators are implementing measures to prevent the creation of further space
debris.56

• Role of private section in outer space

As a result, the essential character of space is undergoing a transformation, becoming a realm

mostly controlled by commercial entities. This alteration will result in significant
ramifications for global stability, as it signifies the abandonment of the previous space

56
SDM LAW NOTES, Theories of Property | Property Law – SRD Law Notes, (visited on 8th May 2021 at 5:00
PM).
governance framework and underscores Russia's diminishing position among the world's
space powers. Specific orbits can be effectively monopolised by a small number of
companies, leading to rivalry for valuable segments of the electromagnetic spectrum.
Constant surveillance from above will provide minimal space for the concealment of
classified information, whether this is advantageous or detrimental. Simultaneously, Russia's
space identity is faltering, perhaps exacerbating the instability within the realm of space. 57

As of November 2021, there are approximately 4,800 operational satellites circling the Earth,
with SpaceX's Starlink mega-constellation accounting for about 1,850 of them (Thompson
2021). The deployment of Starlink satellites has occurred rapidly, commencing in May 2019
(O’Callaghan 2019). This represents merely the initial phase of the mega-constellations. It is
difficult to determine the exact number of satellites that will be launched for this new space
initiative. However, there are proposals or intentions for mega-constellations that might result
in more than 100,000 additional satellites being placed in low Earth orbit. Although not all of
these satellites will be launched, even a tiny portion of the suggested quantity will
significantly alter the current state of affairs. This transition will result in the private sector
being the primary players in space, replacing nation-states. Consequently, the nature of the
space domain will undergo a notable transformation.

• Dilemma: Militarization vs Weaponization Debris management

Space militarization and space weaponization are distinct ideas with separate definitions.
Space militarization encompasses the utilisation of space for military objectives, including
activities like gathering intelligence, facilitating communication, and enabling navigation.
Space militarization entails the utilisation of military troops, equipment, and infrastructure in
outer space to facilitate military operations on Earth. Space militarization encompasses the
utilisation of space-based technologies to bolster military capabilities on Earth, including
activities like monitoring and reconnaissance. Space weaponization involves the creation and
utilisation of weapons in the realm of space. It entails the utilisation of space-based platforms,
such as satellites and offensive or defensive weaponry systems. Space weaponization
involves the creation of space stations equipped with various sorts of weapons, including as
anti-satellite weapons, kinetic energy weapons, laser weapons, and other destructive or

57
The complicating role of the private sector in space - Bulletin of the Atomic Scientists,
https://thebulletin.org/premium/2022-01/the-complicating-role-of-the-private-sector-in-space/ (last visited Dec
13, 2023).
disabling tools specifically designed to target and neutralise satellites and other space-based
assets. To summarise, space militarization is a more comprehensive term that involves the use
of space for military objectives, whereas space weaponization primarily pertains to the
creation and deployment of weapons in space.58

• Space Debris: Veritable junkyard of orbital space debris Space debris

mitigation guidelines

Guideline 1: - Space systems ought to be engineered to prevent the emission of debris during
routine operations. If this is not possible to do, efforts should be made to minimise the impact
of any debris discharge on the outer space environment. In the initial years of the space era,
designers of launch vehicles and spacecraft intentionally released various objects into Earth's
orbit. These objects included sensor coverings, separation mechanisms, and deployment
articles. The implementation of focused design initiatives, driven by the acknowledgement of
the peril presented by these objects, has demonstrated efficacy in mitigating this form of
space trash.59

Guideline 2: - When designing spacecraft and launch vehicle stages, it is important to predict
and restrict the likelihood of incidental collisions with known objects during the system's
launch phase and while it is in orbit. If the orbital data shows a possible collision, it is
advisable to either change the launch time or perform a manoeuvre in space to prevent it.
Several inadvertent collisions have already been identified. Multiple studies suggest that the
growth in the quantity and weight of space debris is primarily caused by collisions. Several
member States and international organisations have already implemented collision avoidance
measures.

Guidelines 3: - Spacecraft and launch vehicle orbital stages that have completed their
operational periods and are in orbits that intersect with the GEO zone should be placed in
alternative orbits to prevent any long-term disruption to the GEO region. To minimise the risk
of future collisions with space objects in or near the GEO zone, it is advisable to place these
items in an orbit above the GEO region after the conclusion of their mission. This will ensure
that they do not disrupt or reenter the GEO region.60
58
China’s militarisation and weaponisation of space, HINDUSTAN TIMES (2022),
https://www.hindustantimes.com/ht-insight/international-affairs/chinas-militarisation-and-weaponisation-of-
space-101669187458960.html (last visited Dec 13, 2023).
59
Salter, John. “Hugo Grotius: Property and Consent.” Political Theory, vol. 29, no. 4, 2001, pp. 537–
555. JSTOR, www.jstor.org/stable/3072523. Accessed 8 May 2021.
60
Locke, John, 1632-1704. The Second Treatise of Civil Government and A Letter Concerning Toleration.
Oxford:B. Blackwell, 1948.
 • Countering cyber-attacks in outer space

Both the global community and individual nations are giving significant importance to the
immediate dangers posed by cyber-attacks on space operations. States have a significant role
in fighting against cyber-attacks in outer space. Therefore, their international responsibility
regime needs to be reconsidered in this specific scenario. This study examines the
accountability framework outlined in Article VI of the Outer Space Treaty (OST) with the
objective of adjusting the longstanding requirements to address the contemporary problems
presented by space cyber-attacks. Concurrently, its objective is to concentrate on three
elements: norms of attribution, the extent of obligations of States Parties, and the particular
measures that states should carry out. The findings of this study suggest that while dealing
with space cyber-attacks, it is crucial to employ a customised approach to determine the state
accountable for the attack. This will likely entail expanding the responsibilities of states,
invoking Article 2(4) of the United Nations Charter, fulfilling due diligence obligations, and
complying with other specific legal obligations, such as engaging in space activities for
peaceful purposes, respecting due regard obligations, and refraining from interference.
Moreover, the result implies that states should take action both domestically and globally in
order to effectively counter cyber-attacks on space operations.61

• An Indian perspective on the abovementioned emerging trends.

India's dependence on space technology has significantly increased during the past few
decades. As the reliance on technology increases, the vulnerabilities to deliberate efforts to
disrupt and dismantle India's capabilities also increase, especially from the emerging threat of
cyber warfare. India's space capabilities, similar to that of other nations, is closely linked to
its social and economic development narrative.62

Therefore, any interruption or harm to its satellites might have a substantial influence on the
Indian economy and society as a whole. In the absence of a comprehensive evaluation, it is
impossible to predict the potential consequences of a sophisticated cyber attack on the
country, or maybe the entire area. This justification should provide the government with

61
The Cyber Counterspace Threat: Coming Out of the Shadows - Centre for International Governance
Innovation, https://www.cigionline.org/articles/the-cyber-counterspace-threat-coming-out-of-the-shadows/ (last
visited Dec 13, 2023).
62
The future of aviation: Trends, technologies and opportunities,
https://timesofindia.indiatimes.com/blogs/voices/the-future-of-aviation-trends-technologies-and-opportunities/
(last visited Dec 13, 2023).
ample grounds to implement various measures to assess and protect its assets and
infrastructure.63

The government must implement institutional and policy changes to effectively impact
deterrence. The occurrence of events such as China's Anti-Satellite (ASAT) test in 2007 and
the United States' successful interception of a satellite in 2008 have prompted India to adopt a
more discerning and shrewd approach in its policy-making. Crucial decisions, such as the
creation of an aeronautical command, have been delayed by the Indian civilian bureaucracy.
It is evident that technology is advancing at a rapid pace, surpassing the rate of progress in
this process.

Consequently, the cyber threats to India's space infrastructure are progressively growing more
complex and powerful over time. The political leadership must assume responsibility for both
the space and cyber domains and implement the required institutional modifications to
safeguard India's interests. According to all available information, this might involve the
examination of offensive counter-space capabilities. Nevertheless, India should meticulously
consider its alternatives.

Conducting a test of a kinetic Anti-Satellite (ASAT) weapon, like a missile, has the potential
to generate a substantial amount of space debris. China's previous test of such a weapon has
garnered ongoing attention and discussion. Alternatively, it may be more strategically
advantageous for India to prioritise the development of less aggressive weaponry, such as its
own cyber capabilities, as a means to showcase its readiness to respond in like.

However, it is undeniable that the type of procrastination shown in the Indian decision on
nuclear testing should not be replicated in the realms of outer space or cyber. Currently, the
United States, Russia, and China have exhibited their proficiency in anti-satellite operations.
Curiously, these three entities are also the ones who employ cyber warfare skills with the
most assertiveness. India cannot afford to rely on international legal mechanisms to be
effective in these areas.

63
Emerging Trends in Indian Tourism and Hospitality - Google Books,
https://www.google.co.in/books/edition/Emerging_Trends_in_Indian_Tourism_and_Ho/58OkDwAAQBAJ?
hl=en&gbpv=1&dq=
%E2%80%A2+An+Indian+perspective+on+the+aviation+emerging+trends.&pg=PA64&printsec=frontcover
(last visited Dec 13, 2023).