What Does the Registration Convention Mean for Space Startups?

As the Indian space industry opens its doors for private players in the market, space startups are playing an increasingly vital role in innovation and exploration. From launching small satellites to pioneering space tourism, private space entities are making significant strides. However, with great ambition comes legal responsibility. One such key legal framework that space startups must navigate is the Registration Convention (Convention on Registration of Objects Launched into Outer Space, 1976).

What is the Registration Convention?

The Registration Convention is an international treaty that establishes a framework for recording and tracking space objects launched into orbit or beyond. The Convention makes provisions for registration by launching states of space objects with a view to providing states with additional means and procedures to assist in the identification of space objects. It aims to enhance transparency in space activities and help determine liability in case of accidents or disputes.

Under this treaty, a launching State must maintain a national registry of space objects and furnish details to the United Nations Office for Outer Space Affairs (UNOOSA).

Who is a Launching State?

According to the convention, a launching State is:

1. A country that launches or procures the launch of a space object.
2. A country from whose territory or facility a space object is launched.

This means that even if a startup is a private entity, the responsibility for registering its spacecraft falls on the State under which it operates.

Why Does It Matter for Space Startups?

For emerging space companies, the Registration Convention is not just a bureaucratic formality but a crucial legal requirement because of the following reasons:

1. Mandatory Registration Through the State: Startups cannot directly register their satellites or space vehicles with the UN. They must go through their national government. Indian space startups are generally required to obtain registration from IN-SPACe in accordance with the Indian Space Policy 2023.
2. Legal and Liability Implications: If a startup’s satellite collides with another object or causes damage, the launching State bears international liability under the Liability Convention (1972). This makes compliance with national and international space laws crucial.
3. Operational Transparency & Market Credibility: Registration provides legal legitimacy to space startups, which can help in securing investments, insurance, and international partnerships.
4. Access to Global Space Governance: Compliance with the Registration Convention ensures that a startup’s activities are recognized within the global space community, preventing legal or diplomatic hurdles.

How Can Space Startups Ensure Compliance?

1. Engage with national space authorities early: Startups should work closely with their country’s space agency to understand registration requirements.
2. Maintain accurate records of space missions: Details like orbital parameters, ownership, and function must be clearly documented.
3. Ensure compliance with liability and insurance policies: Since launching States bear liability, startups may be required to take out space insurance.
   
   

Conclusion

The Registration Convention is a cornerstone of space governance, ensuring accountability and legal clarity in outer space activities. For startups, understanding and complying with this treaty is essential for legitimacy, risk management, and long-term success in the competitive space industry. By working closely with their national governments, startups can navigate regulatory challenges while advancing innovation in the final frontier.