VBCL LAW REVIEW ISSN No. 2456-0480 SPECIAL EDITION - 2020 Published by Vaikunta Baliga College of Law KUNJIBETTU, UDUPI - 576 102 KARNATAKA VBCL Law Review 2020 Special Edition (R) The copyright vests with the Publisher Vaikunta Baliga College of Law does not necessarily subscribe to the views experssed by the Authors. Subscription, inquiries should be sent to: The Librarian Vaikunta Baliga College of Law Kunjibettu - 576 102, Udupi Karnataka Tel: 0820-2520373 Fax: 0820-2529173 Printed at: Bharath Press Kalsanka, Udupi - 576 102 VBCL Law Review Partron-in Chief T. Ashok Pai Chairman College Governing Council Editor-in Chief Prof. (Dr.) Prakash Kanive Principal Vaikunta Baliga College of Law, Udupi Associate Editor Mr. B. G. Shankaramurthy Assistant Professor Vaikunta Baliga College of Law, Udupi Asst. Editors Smt. Surekha. K Assistant Professor Vaikunta Baliga College of Law, Udupi Smt. Preethi Harish Raj Assistant Professor Vaikunta Baliga College of Law, Udupi iii Hon’ble Judge Former Principal I.F.I.M. Law College Electronic City, Bangalore Prof. Dr. Sandeepa Bhat B. Professor of Law iv World Health Organisation declared Covid-19 as a pandemic on 11th March 2020. The rapid spread of pandemic Covid-19 drastically disrupted all walks of human life across the world including education. It was a situation of crisis for education, because no responsible nation can afford to stop the process of research, learning and teaching. In India about 32 crore learners stopped going to schools and colleges. Campus activities were completely stalled. Despite of all these challenges the higher educational institutions have reacted positively and managed to ensure the continuity of teaching- learning and research during pandemic lock down. The Covid-19 pandemic reminded the entire world how necessity can become the mother ofinvention. The pandemic has shut down the existing avenues, optimism made the people to discover the new avenues. The educational institutions also did not lag behind to find new avenues. Compelled by the crisis they at the earliest switched the gear to adopt the online teaching learning which paved the way for the beginning of a virtual learning culture.In this situation of crisis the VaikuntaBaliga College of Law, udupi one of the premier institutions in the state taken sincere steps to organize two day international seminar (Online) on the CHANGING DYNAMICS OF INTERNATIONAL LAW IN THE 21ST CENTURY on 10th and 11th July, 2020. Growing complexities and highly dynamic nature have always been the two key features of international politics. After having undergone big changes under the impact of the Second World War, the relations among nations have changed and are still changing in this 21st century. In fact the speed with which the changes are taking place has increased by manifold due to various economic and political factors. These changes in international politics and relations have deeply impacted international law. In effect the international law is entangled with conflict of interests, unequal powers, v compromises, adjustments and settlements, reaching and maintaining a right balance in international law is of utmost significance for global peace and security. Hence, international law has to adapt itself to changing equations and circumstances. International seminar was inaugurated by Prof (Dr.) P IshwarBhat Vice Chancellor Karnataka State Law University Hubballi, followed by ten technical sessions chaired by eminent legal luminaries.Out of ten sessions six sessions were chaired by renowned professors from premier foreign universities. Deliberations were held on some of the significant aspects of international law like international environmental law, developments in international aviation law and adoption of conventions on liability, safety and security of passengers, space technology and law in 21st century, significance of the law of the sea and issues relating to jurisdiction and sovereignty in sea, international peace and security, conflicts and wars on the issues relating to terrorism, religion, border disputes, economic and trade issues, role of international organisations like UNO and other instrumentalities to maintain international peace and security to uphold the humanitarian values. Few well research papers on the concerned theme presented by the delegates were selected by the editorial board for the publication in this special issue of VBCL Law Review. We express our heartfelt gratitude to Prof (Dr.) Sandeepa Bhat National University of Juridical Sciences West Bengal who was instrumental in organizing this international seminar. I also thank the seminar coordinator Prof. B G Shankaramurty senior faculty and other members of organizing team. Prof. (Dr.) Prakash Kanive Principal Vaikunta Baliga College of Law, Udupi-02 vi CONTENTS S.No. Topics Page No. Air And Space Law 1. The Expansion of the Environmental Crisis into outer Space Dr. Martha Mejia-Kaiser 3-12 2. Emerging Aviation Safety Issues- A Challenge To 21st Century- Dr. Sridevi Krishna 13-22 Law of The Sea 3. Marine Pollution and Solid Waste Management- Dr. Bheemabai S. Mulage 25-33 4. Establishment of Regional Fisheries Management Organization under The Fish Stocks Agreement, 1995 for The Eastern Indian Ocean and The Arabian Sea: An Analysis Ms. Shreya Mishra 35-48 5. Marine Oil Pollution: A Critical Analysis of the International Legal Regime Ms. Amrita Malik 49-58 International Environmental Law 6. Conservation of Natutal Resources Dr. M. Jayashree 61-73 International Organisation 7. WTO Dispute Settlement System, Trade, Issue of Justice and Challenges Dr.Rajendra Kumar Hittanagi 75-81 8. Justifiability of Export Restrictions in Times of Covid-19 Under the WTO Regime Ms. Shivani Rajesh 83-97 9. Enforcement Mechanisms of WHO Regulations in Global Pandemic: A Legal Perspective - Ms. Jean Vinita Peter 97-107 10.The Role of WHO in Dealing with Pandemics Mr. R.V. Vishnukumar 109-116 International Dispute Settlement 11.Dealing with Land Border Disputes - Mr. Mahantesh B Madiwalar& Prof Dr. B S Reddy 119-127 12.The Trends of Biowar- A Critical Analysis– Mr. Ashraya. S. Chakrabarty & Prof. Ramesh 129-140 vii 13.Contemporary Challenges of Law of Armed Conflicts Dr.Ch.Lakshmi 141-149 14.Stabilization Clauses in International Investment Law: Beyond fair and Equitable Treatment Ms. Priyanka Parag Taktawala 151-164 15.Patentability of Pharmaceutical Drugs Medicines, Vaccines and its Impact Ms. Shubhalakshmi 165-169 viii Air And Space Law 2 THE EXPANSION OF THE ENVIRONMENTAL CRISIS INTO OUTER SPACE Dr.Martha Mejía-Kaiser* ABSTRACT In recent years, an increasing number of countries at various economic and scientific levels have entered the arena of space activities. They either launch and operate satellites themselves, or they contract launches and services of countries that have such capabilities. These activities of a broad range of countries can be seen as a realization of the provisions of Article I of the Space Treaty: exploring and using space “[…] for the benefit and in the interest of all countries […]”. It is undisputed that our modern society benefits from space activities for telecommunications, meteorological forecast and navigation, to name only some of them. However, for every satellite launched into outer space, detached objectsare abandoned (as part of normal launch operations). Satellites that cannot be controlled due to lack of fuel or malfunction are also abandoned in orbit. Many of these objects have accumulated in space and endanger astronauts, their ships, and remotely operated space objects. States make use of their right to explore and to use space. But don’t they have obligations to preserve it? This articleaddressesrecommendations of the Inter-Agency Space Debris Coordination Committee (IADC), which enjoy an increasing recognition by institutions, such as the United Nations (UN). A growing number of States also follow such recommendations by implementing them through their national legislation. The question arises if the international community will be on time to avert damage to the orbital environment of the Earth, that could have a large detrimental impact on our modern society. * PhD in Political and Social Sciences, Universidad Nacional Autónoma de México. Member of IISL Board of Directors. Independent Researcher. [email protected]. 3 INTRODUCTION Operational space objects moving around our planet (satellites1) are mostly for commercial uses.In recent years, an increasing number of countries of various economic and scientific levels have entered the arena of space activities, either through the launch and operation of satellites themselves, or through the promotion of such launch, hiring the services of countries that have such capabilities. In the first years of the space era, it became evident that space activities would increase. However, nobody foresaw that such activities would be realized by a growing number of countries and pollute the orbits around our planet. How is outer space polluted? After the launch, several objects detach from the launcher on its way to bring a satellite into outer space. Some of them detach in the atmosphere, some of them in outer space. Once a satellite is released from the last launcher stage, it unfolds to prepare for operations. In this process, small items are also released, such as sensor protectors, thermal blankets, restraint cables, solar panel clamps, bolts and nuts. These released space objects take their own orbital path. All non-functional space objects are known as ‘space debris’.