TY - JOUR

T1 - COVID-19 and its impact on space activities

T2 - Force majeure and further legal implications

AU - Smith, Lesley Jane

AU - Jung, Lukas C.

PY - 2020/1/1

Y1 - 2020/1/1

N2 - The inability to fulfill a contract, if not fault-related, is not unknown in the law of contracts. Various rules are available to alleviate liability for default, such as impossibility, force majeure, as well as the law of frustration. COVID19 has sparked interest in these provisions again. The following analysis investigates how COVID19 impacts on various legal issues relating to the space sector, including force majeure. Just as COVID19 is marked by divergent responses of countries towards health-related restrictions on participation in public life, divergent patterns are detectable in the reliance on force majeure. Continuing space activities-although to differing degrees-has been a clear driver around the world where the resilience of space technology and space-based solutions has been looked to in managing the pandemic. Force majeure is therefore not necessarily an instrument on which the space community would seek to rely. This overview also identifies an area where industry and agencies could look to develop cross-compatibility in standards to foster greater interaction between space and health-related technology.

AB - The inability to fulfill a contract, if not fault-related, is not unknown in the law of contracts. Various rules are available to alleviate liability for default, such as impossibility, force majeure, as well as the law of frustration. COVID19 has sparked interest in these provisions again. The following analysis investigates how COVID19 impacts on various legal issues relating to the space sector, including force majeure. Just as COVID19 is marked by divergent responses of countries towards health-related restrictions on participation in public life, divergent patterns are detectable in the reliance on force majeure. Continuing space activities-although to differing degrees-has been a clear driver around the world where the resilience of space technology and space-based solutions has been looked to in managing the pandemic. Force majeure is therefore not necessarily an instrument on which the space community would seek to rely. This overview also identifies an area where industry and agencies could look to develop cross-compatibility in standards to foster greater interaction between space and health-related technology.

KW - Commercial law

KW - Cross-operability

KW - Impossibility

KW - Force majeure

KW - Contracts

KW - Frustration

KW - Law

UR - http://www.scopus.com/inward/record.url?scp=85090755325&partnerID=8YFLogxK

M3 - Journal articles

AN - SCOPUS:85090755325

VL - 45

SP - 173

EP - 194

JO - Air and Space Law

JF - Air and Space Law

SN - 0927-3379

IS - SpecialIssue

ER -