Modernizing the Outer Space Treaty: Article IX and the Legal Governance of Kinetic Anti-Satellite Activities

This paper analyses and evaluates how the corpus juris spatialis will influence jurisprudence after ASAT Tests were conducted during the 2019 Indian Mission Shakti operation to increase the risk of systemic harm caused by the resulting debris created from testing. Tracing its inquiry back to India's 2019 Mission Shakti operation, this article critically examines the interpretive flexibility and effectiveness of the 1967 Outer Space Treaty (OST). While Article IV of the OST's arms control focus is limited to Weapons of Mass Destruction, contemporarily, kinetic-based space operations are not constrained by these standards. This article proposes an evolutionary approach to legally interpret Article IX of the OST as a supporting mechanism for reducing orbital pollution and preventing systemic destabilisation in space. This article argues that “due regard” and “prohibition on causing harmful contamination” should be interpreted widely to cover intentional creation of orbital debris, in alignment with the stated purposes of the OST and norm of international law prohibiting harm. This study outlines a new conceptual framework to address the evolving challenges of space security and to develop an applicable regime for state liability and collaborative risk reduction for outer space.