TY - CHAP

T1 - Facing Up to Third Party Liability for Space Activities

T2 - 52nd Colloquium on the Law of Outer Space - 2009

AU - Smith, Lesley Jane

N1 - Conference code: 52

PY - 2010

Y1 - 2010

N2 - This paper looks at third party liability (TPL) in space law from a systematic perspective. It analyses the rules governing compensation for damage to third parties resulting from space activities under the international law of space and under select national liability regimes. While the liability mechanism under the Liability Convention is designed to cover TPL, it remains a less attractive mechanism of recourse for victims, who are more likely to pursue damage actions before national courts, especially in the case of commercial space operations. The paper discusses possible trends for commercial operations in a field where liability disclaimers, cross-waivers of liability and government liability guarantees are the order of the day. It looks to compliance with safety and debris mitigation rules as a measure of damage mitigation, particularly where damage occurs in orbit and fault must be substantiated. Finally, using the example of the Galileo commercial GNSS system, the author examines the complexities of satellite navigation systems that could lead to large- scale third party damage. While there are arguments for consistent international and national levels of damage regulation, the paper recalls that TPL currently remains an issue that turns largely on the availability and nature of insurance coverage.

AB - This paper looks at third party liability (TPL) in space law from a systematic perspective. It analyses the rules governing compensation for damage to third parties resulting from space activities under the international law of space and under select national liability regimes. While the liability mechanism under the Liability Convention is designed to cover TPL, it remains a less attractive mechanism of recourse for victims, who are more likely to pursue damage actions before national courts, especially in the case of commercial space operations. The paper discusses possible trends for commercial operations in a field where liability disclaimers, cross-waivers of liability and government liability guarantees are the order of the day. It looks to compliance with safety and debris mitigation rules as a measure of damage mitigation, particularly where damage occurs in orbit and fault must be substantiated. Finally, using the example of the Galileo commercial GNSS system, the author examines the complexities of satellite navigation systems that could lead to large- scale third party damage. While there are arguments for consistent international and national levels of damage regulation, the paper recalls that TPL currently remains an issue that turns largely on the availability and nature of insurance coverage.

KW - Commercial law

KW - Commercial operation

KW - Commercial space operations

KW - Debris mitigation

KW - GALILEO

KW - GNSS systems

KW - In-orbit

KW - National courts

KW - National level

KW - Satellite navigation systems

KW - Space activities

KW - Space laws

KW - Third parties

KW - Third party damage

KW - Law

UR - https://www.scopus.com/record/display.uri?eid=2-s2.0-77953532911&origin=inward&txGid=0

UR - http://swbplus.bsz-bw.de/bsz331477955inh.htm

M3 - Article in conference proceedings

SN - 978-161567908-9

VL - 12

SP - 255

EP - 263

BT - Proceedings of the 52nd Colloquium on the Law of Outer Space

A2 - Jorgenson, Corinne M.

PB - American Institute of Aeronautics and Astronautics Inc. (AIAA)

Y2 - 12 October 2009 through 16 October 2009

ER -