MAHARASHTRA NATIONAL LAW UNIVERSITY, NAGPUR

B.A.LL.B.(Hons.) Year-V Semester-IX: Academic Year : 2021-2022

Second Open Book Assessment, November-2021
AIR AND SPACE LAWS
Total Marks: Forty (40)
Instructions:
1. Read the questions carefully and answer.
2. No clarification shall be sought on the question paper.
3. Use the Answer File Template sent by Examination Section and fill the necessary
information.
4. Answer File Nomenclature : UID and Course Name (For Example - UID: UG2017-01
& Course: Air and Space Laws, Answer File Nomenclature: 2017-01
AirandSpaceLaws).
5. Use of open resource(s) to answer the question(s) is permitted.
6. Answer file in MS Word shall be submitted on or before 11:59 pm, on Sunday,
November 28, 2021 on a link provided by the respective subject teacher.
7. Students are advised not to consult any faculty member/outsider or any other person
regarding the questions and must strictly adhere to professional values.
8. The contents of question paper are strictly for private circulation only.

Note: Total No. of questions are FIVE (5). Attempt any FOUR (4) questions.

1. Space Launch Corporation (SLC) is a private limited company owned by Mr.

Robertwood and incorporated in the Kingdom of Abalaska. SLC is developing its
technology for private space tourism since 2005. In February 2013, Mr. Robertwood
declared that his company has the ability of carrying on one way trip to Saturn and land
the tourists on the North Polar Region of Saturn. He also claimed ownership of Saturn
as the first claimant to establish his business of space tourism. Mr. Robertwood
communicated his claim to the government of Abalaska and to the United Nations.
There was no response from Abalaskan government or from United Nations. He also
had no problem in getting his claim registered in the national registry of Abalaska
during August 2013.
In January 2014, Mr. Robertwood advertised his first mission to Saturn by 2016 and
invited applications from the interested tourists for the available seven seats in the
space launch vehicle. He also declared that the first set of the tourists would be gifted
with one acre each of land on Saturn. In response to the advertisement, hundreds of
space enthusiasts made applications to become part of first mission to Saturn. In
December 2014, Mr. Robertwood shortlisted seven applicants, all belonging to
Kingdom of Abalaska. Each of the shortlisted tourists paid $ 100 million to Mr.
Robertwood, which is invested by Mr. Robertwood in constructing the space launch
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 vehicle specifically designed for one way trip to Saturn. As per the agreement between
Mr. Robertwood and all the space tourists, security interests are created in favour of
each of the tourists in different parts of space launch vehicle. Each of such security
interest is registered under the UNIDROIT registry as international interests.
Meanwhile, one of the Saturn probes of Mexatonia, a space-faring nation with more
than 100 active satellites, crash-landed on the North Polar Region of Saturn. In August
2015, it was reported by the United Nations that crash-landing of Mexatonian satellite
resulted in wide-scale radiological contamination of Saturn, since the satellite had
nuclear power source on board. The report also declared that the Saturn’s environment
has become dangerous to human life and requested all the states to suspend manned
probes to Saturn for at least a century.
Immediately after the publication of the report by the United Nations, the shortlisted
tourists approached Mr. Robertwood and claimed the reimbursement of their
investment along with interest. Mr. Robertwood explained the claimants that he has
already invested all money in the construction of space launch vehicle. Since it was
specifically designed for a one way trip to Saturn and it is not possible to ha ve such a
trip for a century, there was no potential buyer of the space launch vehicle. Upon failure
to reach any settlement, the registered space tourists have approached the court of
competent jurisdiction against Mr. Robertwood claiming reimbursement of their
investment along with penal interest. Mr. Robertwood in turn claimed compensation
to the tune of $ 200 Billion from Mexatonian Government for the damage suffered by
him due to the destruction of his property on Saturn and loss of business (of carrying
the tourists to Saturn in 2016 and thereafter).
Decide the case by applying international space law, UNIDROIT system and relevant
provisions of Indian laws.
10 Marks

2. “The prohibition of national appropriation by Article II... includes appropriation by

non-governmental entities (i.e. private entities whether individuals or corporations)
since that would be a national activity... to comply with their obligations under Articles
II and VI of the Outer Space Treaty, States Parties are under a duty to ensure that, in
their legal systems, transactions regarding claims to property rights to the Moon and
other celestial bodies or parts thereof, have no legal significance or reco gnised legal
effect.” Substantiate this statement in light of current efforts to sell the parts of moon
and other celestial bodies by private individuals.
10 Marks

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3. “State responsibility and liability norms under the space law are not in conformity with
the public international law norms.” Do you agree with this statement? Elaborate.
10 Marks
4. Discuss the obligations of states towards the personnel under the Rescue Agreement
1968. Whether the protection under the Rescue Agreement 1968 exte nds to space
tourists? Elaborate.
10 Marks
5. “It is ancient doctrine that at common law ownership of the land extended to the
periphery of the universe - Cujus est solum ejus est usque ad coelum. But that doctrine
has no place in the modern world...” Elaborate this statement and highlight the efforts
made in the demarcation of outer space from airspace in the form of various theories.
10 Marks

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