Territoriality of Satellites in the LEO: ‘Jurisdiction without Territory’ Beyond Earthly Frontiers

Authors

Priyansh Dixit

Abstract

Successes in outer space are often seen as belonging to humankind. But what exactly does humankind mean? In line with TWAIL, I cannot agree that it refers to the collective distribution of benefits to all states or individuals. Rather, these successes and the benefits that flow from them are disproportionately allocated to the first world. This is even though the advantage of the first world is a direct consequence of centuries of colonialism and exploitation. In this backdrop, I argue that the exercise of jurisdiction in the Low Earth Orbit (‘LEO’) creates a kind of territoriality that is used to deny the claims of the third world states and unjustly enrich the first world states. I argue in certain spaces of the LEO where such territoriality is created, neo-colonial relationships between states are reproduced. I base my arguments on Chimni’s analytical TWAIL-based framework of territorial jurisdiction. Further, I prove that this territoriality is created because neo-colonial relations are structurally promoted by the law of jurisdiction under International Space Law (‘ISL’). Part I will provide the theoretical and practical context for my thesis and lay down its contours. Part II will detail Chimni’s arguments on territory and distil the inquiry that needs to be undertaken to assess if and when the LEO demonstrates territoriality. Part III will undertake this inquiry through three sub-parts. First, it will analyse the principle of ‘common heritage’ from a TWAIL lens. Second, it will analyse how the first world exercise of jurisdiction based on this principle gives them a claim against the third world which puts the latter in a disadvantaged position. Third, it will demonstrate how such a disadvantage is created by and creates neo-colonial relations and ideas in outer space, thereby making the LEO a ‘jurisdiction without territory.’ Part IV will conclude.

Recommended Citation

Dixit, Priyansh (2024) "Territoriality of Satellites in the LEO: ‘Jurisdiction without Territory’ Beyond Earthly Frontiers," National Law School of India Review: Vol. 35: Iss. 2, Article 17.
DOI: 10.55496/ZXUJ9917
Available at: https://repository.nls.ac.in/nlsir/vol35/iss2/17

Digital Object Identifier (DOI)

10.55496/ZXUJ9917