Congratulations India! SpaDeX!

The historic docking of the SpaDeX satellites by the Indian Space Research Organisation (ISRO) not only marks a significant technological triumph but also raises profound questions about the future of space exploration and resource utilization. As India becomes the fourth nation capable of executing autonomous space docking it underscores the divide between nations that possess the technological prowess to perform complex missions and those that do not. This technological exclusivity challenges the notion of space as the “common heritage of mankind,” particularly in the context of extracting lunar resources and mining rights.

The SpaDeX mission, successfully executed on January 16, 2025, enabled two satellites, SDX01 (Chaser) and SDX02 (Target), each weighing approximately 220 kg, to dock autonomously in a meticulously choreographed maneuver in space (PIB, 2025). This ability to perform complex docking operations is a foundational technology for future endeavors such as satellite servicing, space station operations, and lunar exploration. However, this achievement also further concentrates capabilities among a select few nations, raising issues of equity and governance in space.

As nations and private companies rush to tap into lunar water, helium-3, and other valuable resources on the Moon, the international community faces a challenging legal and ethical landscape. The Outer Space Treaty establishes space as the common heritage of mankind, prohibiting national appropriation of celestial bodies. However, the treaty does not clearly outline procedures for resource extraction, leaving room for competing interpretations and potential conflicts. Given that only a handful of countries currently possess the sophisticated technology to conduct in-space docking - a prerequisite for large-scale lunar missions and mining - there is a growing concern that resource rights may become the preserve of a few powerful states and corporations. The idea of space as a “common heritage” suggests that benefits derived from space exploration should be shared equitably among all nations, regardless of technological advancement. This principle is at odds with reality.

Who has the right to mine resources on celestial bodies? How should the benefits and profits from such mining be distributed? And crucially, how can international law reconcile the rights of pioneering nations with the principle of common heritage? These questions highlight the tension between technological advancement led by a few nations and the broader goal of equitable resource sharing envisioned by the Outer Space Treaty.

Addressing these conflicts requires the development of new international legal frameworks that specifically address resource rights and responsibilities in space. The Artemis Accords, for example, have tried to set guidelines for lunar exploration, but they favor certain nations while excluding others such as China and Russia. A more inclusive approach is necessary to ensure that space mining and resource utilization do not lead to geopolitical conflicts or the monopolization of space resources by a few powerful actors.

One possible solution is to establish a multilateral agreement (International bodies such as the United Nations Office for Outer Space Affairs (UNOOSA) could play a pivotal role in mediating agreements) or treaty that defines clear rules for the extraction and sharing of lunar resources, ensuring that profits and knowledge are shared with the global community - but unlikely, given the extremely divergent stage of geo politics that we are in.

Regardless, ISRO's successful SpaDeX docking mission is a testament to India's growing capabilities in space exploration and a harbinger of more ambitious missions to come, including Chandrayaan-4 and Gaganyaan. India's private sector is experiencing a significant boost in space, building on ISRO that positioned the nation among the world's six largest space agencies. Traditionally focused on application-driven programmes benefiting the common man, ISRO has maintained a vast fleet of GEO communication and LEO remote sensing satellites, supported by a strong network of industries and MSMEs. In June 2020, the Union Cabinet took a historic step to open the space sector to private players, establishing IN-SPACe as a single-window, autonomous agency under the Department of Space. Through its three directorates -

- Promotion,
- Technical,
- Program Management & Authorization

IN-SPACe streamlines access to space infrastructure, enabling private enterprises to build launch vehicles, satellites, and offer space-based services, thus propelling India's private space economy forward.

As nations advance their technological frontiers, the legal and ethical frameworks governing space must evolve accordingly. The conflict between the principle of space as a common heritage and the reality of limited access to advanced space technologies requires inclusive dialogue among all stakeholders.