ARCHIVES
VOL. 8, ISSUE 4 (2026)
Fault in orbit: Constructing an Indian standard of care for satellite operators under Article III of the Liability Convention
Authors
Prabhash Kumar Shukla, Mahi Tiwari, Rashmi Saini
Abstract
Article III of the 1972 Liability Convention imposes fault-based liability when one space object damages another in outer space, yet the Convention does not define fault or prescribe an operational standard of care. Existing scholarship has persuasively identified this treaty gap; the contemporary Indian problem is more specific. India is expanding private space activity through IN-SPACe while simultaneously operating an increasingly sophisticated space-situational-awareness and collision-avoidance system. This paper argues that India should convert emerging technical practices into a licensing-based standard of care for Indian satellite operators. Drawing on Article III, Article VI of the Outer Space Treaty, UN long-term-sustainability guidelines, NASA conjunction-assessment practice, ISO/ESA debris standards, ISRO's 2025 Space Situational Awareness Report and India's authorisation framework, the paper proposes a five-part 'Orbital Reasonableness Test'. Fault should turn on trackability and data quality; receipt and evaluation of conjunction warnings; manoeuvrability and proportionate mitigation; operator-to-operator coordination; and compliance with debris, end-of-life and incident-record duties. The framework does not purport to rewrite the Liability Convention. It uses national authorisation and continuing supervision to define ex ante duties whose breach can later provide evidence of fault. India can therefore reduce international exposure while contributing operationally grounded state practice to the evolving law of orbital responsibility.
Download
Pages:14-19
How to cite this article:
Prabhash Kumar Shukla, Mahi Tiwari, Rashmi Saini "Fault in orbit: Constructing an Indian standard of care for satellite operators under Article III of the Liability Convention". International Journal of Law, Policy and Social Review, Vol 8, Issue 4, 2026, Pages 14-19
Pdf, Certificate, Cover Page, Index Page, Editorial Page, Accept Letter
Please enter the email address corresponding to this article submission.

