L5 - Space Law Liability

Question 1

Liability Convention Date?

Answer 1

• Liability Convention, 1972
• When two states aren’t party to liability convention have to use general liability regime or the outer space treaty – no customary law has emerged from liability convention

Question 2

Constitutive elements of Liability Convention?

Answer 2

• Damage
o Loss of life, personal injury, loss of property, damage to property
o Doesn’t apply to nationals of the liable launching state (that is an internal affair)
• Space object
o Object not service
o Components of a vehicle or craft that have separated from such (debris)
o Damage caused by physical impact
• Launching state
o State that launches, procures the launching, owns territory of launch, owns facility of launch
o Can be joint or an IGO
• Wrongful act (fault)
o Required if damage occurs in space
• All states share equal risk in dangerous space activities
o Not required if damage occurs while on earth/in airspace → objective liability regime b/c ultra-hazardous activity so disproportionate risk for 3rd states

Question 3

Compensation planned by Liability Convention?

Answer 3

• Claim – presented to launching state w/in one year
o Can be done even before local insurance is claimed
o 3 channels – national state, state where damage occurred, state of which they are permanent resident
• Form
o Paid in currency of claimant state
o If joint launching a state which has paid compensation can ask other launching states to pay
• Claims commission – only if diplomatic negotiation fails

Question 4

Registration Convention, date + details?

Answer 4

Registration Convention, 1975
• National register for all objects launched into space (Art II)
• Register w/UN name of launching state, designator of object, launch info, orbital parameters, purpose (Art IV)
• States help each other identify cause of damage (Art VI)