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199<br />
ICoC: Perspective for India<br />
200<br />
K R Sridhara Murthi and Mukund Rao<br />
Background<br />
Over the past four years, an ICoC for Outer Space Activities, which owes its<br />
origin to an initiative by the EU, has been undergoing a process of<br />
international consultations. The original draft has seen several modifications<br />
to give it greater acceptance among the community of nations. The most<br />
recent draft of 16 September 2013, resulting from the Open-Ended<br />
Consultations held in May 2013 in Kiev, Ukraine, represents huge progress in<br />
building support of the international community but it has yet to gain the<br />
201<br />
complete support of some of the key space players. This Code is intended<br />
to form a regime of transparency and confidence-building measures, a<br />
complement to the normative framework regulating outer space activities. A<br />
key characteristic of the Code, which is also central to the backing it enjoys<br />
from some of its staunch supporters, is that it is open to subscription by all<br />
states but it is not legally binding. Nevertheless, the code is a significant<br />
effort to promote responsible use of space for common benefit, preserving<br />
the principle of freedom of access to space by all. While the Code aims at<br />
enhancing safety, security and sustainability of outer space activities, the<br />
question remains as to whether it will be an adequate step for ensuring these<br />
in totality.<br />
In an earlier discussion on the subject, it has been argued that in order for<br />
the Code to emerge as a stepping stone to further development of<br />
international law relating to outer space, the code should satisfy the following<br />
principles:<br />
National space<br />
activities have a<br />
duality – on the one<br />
hand, national<br />
interests and<br />
aspirations drive<br />
nations to take up<br />
space activities and<br />
veil them in national<br />
“right or pride” but, on<br />
the other hand,<br />
international<br />
cooperation (either<br />
commercial or<br />
otherwise) necessarily<br />
forms a critical<br />
component of most<br />
space activities -<br />
requiring<br />
transparency,<br />
openness and<br />
sharing. A balance is<br />
most essential – a<br />
good space policy<br />
can help bring the<br />
balance and meet<br />
both requirements –<br />
within and outside.<br />
ICoC: Perspective for India | www.orfonline.org 159
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