L5 - Space Law Liability

Question 2

Law of Liability

Answer 2

• Constitutive elements of liabilityo Breach of law – violation of international law attributable to a state (state action or state negligence in case of citizen action)o Damage – damage caused to a subject of lawo AND there is a causal connection between the breach of law and the damageo Exceptions:• Abuse of rights – State A exercised a right which damaged State B and the negative effects for B > positive effects for A ∴ A is liable• Objective liability regimes – ultra hazardous activities, so failure to control such activities creates an unusual risk to others ∴ liability declared w/out proving fault• Circumstances precluding wrongfulnesso Consent of victim, countermeasures (one state breaks law to stop another state who is already breaking law), force majeure (unforeseen event beyond the states control, i.e. tsunami), extreme distress, grave & imminent peril (i.e. sending navy to stop oil spill), self-defence• Cessation of wrongful action• Reparation – in kind, monetary compensation (actual or future loss), moral satisfaction (apology), assurances and guarantees of non-repetition

Question 3

Settlement of Disputes

Answer 3

• Obligation to pacific settlement via negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, etc.• No specific court – both parties must agree on court

Question 4

Use of force in international relations

Answer 4

• Unilateral use of force - this has been generally renounced by states w/exception of self-defence (NOT preventive self-defence)• UN Collective measures based on Security Council