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Liability for Commercial Outer Space Activities - Need for a Legal Framework in India (Paperback)
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Liability for Commercial Outer Space Activities - Need for a Legal Framework in India (Paperback)
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The book responds to the dissonance between the increase of
commercial outer space activities and the absence of any legal
framework in India. While holding a great promise, international
space law remains a stable principle that the launching country is
liable for any damage caused by outer space activities. The
quantity of risk increases more when outer space is used not only
by the sovereign states but also by non-governmental entities for
commercial benefit. Both the municipal and international law
accepted that money damages should compensate the harm. Therefore,
allocation of the liability must be shared by the actual wrong
doer. State practices are developed for the allocation of liability
with non-governmental entities. The argument attacks the substance
and structure of space policy in India, undermining claims as to
its effectiveness and even sustainability. In responding to these
challenges, this book uses analytical and comparative methods with
the dynamic processes such as interview (structured and
unstructured) to address the central question of basis and
fundamental framework of space law in India. The objective of the
thesis is to develop a plausible normative framework in India
relating to commercial outer space activities. This normative
framework provides a platform for exiting international legal norm
and practices, as well as the basis of alternative understanding of
international space law and the potential response to those
problems, which are coherent and consistent with the use of outer
space commercially by any country. The book offers three inter
related conclusions. First, it identifies the international legal
norms as the basis for the development of national legal framework
in India. Secondly, it demonstrates those state practices developed
by space-advanced nations who adopted national space legislation
for the promotion and control of commercial outer space activities,
and provides a useful legal framework background for adoption of
domestic legal framework in India. Thirdly, it develops a normative
framework for the commercial outer space activities in India.
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