INTERNATIONAL JOURNAL OF LATEST TECHNOLOGY IN ENGINEERING,

MANAGEMENT & APPLIED SCIENCE (IJLTEMAS)

ISSN 2278-2540 | DOI: 10.51583/IJLTEMAS | Volume XIV, Issue VI, June 2025

www.ijltemas.in Page 130

Analysis of Space Law, Satellite Constellation-Based Internet with

Reference to Legal Positivism

1

Dr. Vijayalaxmi R. Shinde,

2

Abstract: Satellite-based internet constellations, and cybersecurity. Given the advancements in satellite technology and digital

communications, which provide both opportunities and challenges. The international law that governs activities in space is known

as "space law," and it is dynamic and ever-evolving. The primary concerns of space law have historically been the regulation of

space-based weaponry, the cleanup of orbital debris, the launch protocols for satellites and spectrum bands for everyone. Legal

positivism theory which can be justifies here as according to John Austin, “the existence of the law is one thing its merit or

demerit is another. Whether it be or be not is one enquiry; whether it be or be not conformable to an assumed standard, is another

enquiry.”

Keywords: Satellite, internet, cybersecurity, Legal positivism

I. Introduction

Examining the topic "Critical Analysis of Space Law, Satellite Constellation-Based Internet, And Its Effect on Cybersecurity" in

also said that Austin did not imply that positive law is non-moral. Austin defined law by saying that it is the “command of the

sovereign”. He expounds on this further by identifying the elements of the definition and distinguishing law from other concepts

that are similar: “Commands” involve an expressed wish that something be done, and “an evil” to be imposed if that wish is not

complied with.[2]. Here Space Law which is govern by UNO and its space law department which takes care of issue related to

space objects, establishes protocols, and govern to give justice to all entitled UNO members as an apex body with the help of

international space treaties signed by all members. These are the commands of the sovereign international body which has its

agreed law in place as international space law and those are binding on all members.

II. Historical Evolution of Space Law

The historical evolution of space law is a fascinating journey that has evolved in response to the expansion of human activities in

outer space. Before the Space Age, during the early 20th century, there was a noticeable absence of a legal framework governing

Ownership of Celestial Bodies: Without established regulations, questions about the ownership of celestial bodies such as the

Moon or other planets remained unresolved. Nations and private entities were left without clear guidelines on how to claim or use

these celestial resources.

Liability for Space Debris: With no legal framework in place, issues related to liability for space debris were largely

unaddressed. As satellites and other space objects were launched into orbit, there was no clear international consensus on who

would be responsible for accidents or collisions in space.

Use of Outer Space for Peaceful Purposes: The absence of legal regulations made it unclear how outer space should be used,

particularly regarding the peaceful use of space. The potential for military activities in space was a concern, and without

established laws, disputes and conflicts could have arisen. The pre-Space Age era was characterized by a lack of legal regulations

to govern human activities in outer space. This legal vacuum created uncertainty and posed significant potential challenges,

INTERNATIONAL JOURNAL OF LATEST TECHNOLOGY IN ENGINEERING,

MANAGEMENT & APPLIED SCIENCE (IJLTEMAS)

ISSN 2278-2540 | DOI: 10.51583/IJLTEMAS | Volume XIV, Issue VI, June 2025

www.ijltemas.in Page 131

absolute de facto power—they are obeyed by all or most others but do not themselves similarly obey anyone else. The laws in

that society are a subset of the sovereign’s commands: general orders that apply to classes of actions and people and that are

backed up by threat of force or “sanction”. This imperatival theory is positivist, for it identifies the existence of law with patterns

of command and obedience that can be ascertained without considering whether the sovereign has a moral right to rule or whether

their commands are meritorious. [4]

IV. General Overviews of Legal positivism:

The two most important statements of positivism in the 20th century are Hart 1997 (originally published 1961) and Kelsen 1970

(first published in 1934). Hart was influenced by earlier British positivists like Austin and Bentham, as well as the later

Wittgenstein, but his has proven to be the most influential text on positivism in the English-speaking world. Hart argues that

every legal system is a union of obligation-imposing (“primary”) rules and power-conferring (“secondary”) social rules; in the

and is inspired more by certain themes in European (and particularly Neo-Kantian) philosophy. Kelsen’s texts have been less

influential in the Anglophone world and received much less scholarly attention, due no doubt to his difficult and sometimes

obscure prose. Green 2003 gives a thorough and up-to-date overview of the various competing positivist theories and contains a

short but reliable bibliography for further reading. Leiter 2003 and Shapiro 2007 give useful summaries of the dialectic between

positivists and their critics over the past three decades. Gardner 2001 takes a different tack by illuminating the nature of

positivism by distinguishing it from other views which are often mistakenly identified as central to positivism.[5]

V. Correlation between Legal positivism and Space Law:

H.L.A. Hart’s list of meanings of legal positivism (which cumulatively count as features of positivism): (1) law as human

commands; (2) absence of any necessary connection between law and morals; (3) the study of law as meaning, as distinct from

sociology, history and evaluation; (4) the contention that a legal system is a closed system, sufficient in itself to justify legal

exploration and operation:

1) Space activities are for the benefit of all nations, and any country is free to explore orbit and beyond.

2) There is no claim for sovereignty in space; no nation can “own” space, the Moon or any other body.

3) Weapons of mass destruction are forbidden in orbit and beyond, and the Moon, the planets, and other celestial bodies

can only be used for peaceful purposes.

4) Any astronaut from any nation is an “envoy of mankind,” and signatory states must provide all possible help to

astronauts when needed, including emergency landing in a foreign country or at sea.

5) Signatory states are each responsible for their space activities, including private commercial endeavours, and must

provide authorization and continuing supervision.

6) Nations are responsible for damage caused by their space objects and must avoid contaminating space and celestial

INTERNATIONAL JOURNAL OF LATEST TECHNOLOGY IN ENGINEERING,

MANAGEMENT & APPLIED SCIENCE (IJLTEMAS)

ISSN 2278-2540 | DOI: 10.51583/IJLTEMAS | Volume XIV, Issue VI, June 2025

www.ijltemas.in Page 132

Another international treaty obligates space farers to provide assistance to astronauts who are in distress, and to register with the

U.N. objects launched into outer space. A frequent theme underlying most of the treaties is the concept of space as Province of

All Mankind. Certain aspects of these agreements mirror similar concepts from maritime law and treaties.

Although not free from shortcomings, the Legal Positivist School is regarded as the most influential school of thought in

jurisprudence. Judges have based their decisions on this school of thought across various countries, including India. Indian Judges

have been greatly influenced by the thinking of legal positivists and have applied their jurisprudence while giving landmark

judgements such as A.K. Gopalan v. State of Madras to name one of them.

The basic idea behind legal positivists was that they considered law as it is and not what it ought to be. They separated moral

principles from legal principles. They were of the view that law is the will of the superior which is backed by sanction

Bibliography

1. 3GPP.: Security architecture and procedures for 5G system. TS 33.501 (2019). https://3gpp.org/DynaReport/33-

7. https://www.spacefoundation.org/space brief/international-space-law/