Jurisdiction and applicable law in cases of damage from space in Europe: The advent of the most suitable choice—Rome II
Publikation: Beiträge in Sammelwerken › Aufsätze in Konferenzbänden › Forschung
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Proceedings of the 51st Colloquium on the Law of Outer Space : 51st Colloquiuim on the Law of Outer Space. Hrsg. / Corinne M. Contant Jorgenson. American Institute of Aeronautics and Astronautics Inc. (AIAA), 2009. S. 44-52.
Publikation: Beiträge in Sammelwerken › Aufsätze in Konferenzbänden › Forschung
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TY - CHAP
T1 - Jurisdiction and applicable law in cases of damage from space in Europe
T2 - 51st Colloquium on the Law of Outer Space - 2008
AU - Smith, Lesley Jane
AU - Doldirina, Catherine
N1 - Conference code: 51
PY - 2009
Y1 - 2009
N2 - Liability for space activities is a much discussed subject and the advent of commercial space operations has only added to its importance. Articles VI and VII Outer Space Treaty, together with Articles II and III Liability Convention, remain the main entry level for state liability for damage arising from private space activities. Few space-faring nations have introduced national space statutes that include a flow down of their international obligations. The European Union (EU) Regulation on the law applicable to non-contractual obligations—hereinafter Rome II Regulation—could harbour developments for liability law in the context of damage resulting from space operations. Space activities were not the main focus of the Regulation but may well turn out to be an interesting spin-off. The Regulation prescribes general rules that will determine the law applicable to damage scenarios where more than one legal system applies. It is important for trans-national tort cases in that it does not limit the rules of applicable law to EU Member States only. This paper focuses on the common rules applicable to damage actions based on torts or other non-contractual obligations as they apply to damage caused by space activities. After an assessment of the relevant international and national law norms, the impact of the Rome II Regulation will be addressed.
AB - Liability for space activities is a much discussed subject and the advent of commercial space operations has only added to its importance. Articles VI and VII Outer Space Treaty, together with Articles II and III Liability Convention, remain the main entry level for state liability for damage arising from private space activities. Few space-faring nations have introduced national space statutes that include a flow down of their international obligations. The European Union (EU) Regulation on the law applicable to non-contractual obligations—hereinafter Rome II Regulation—could harbour developments for liability law in the context of damage resulting from space operations. Space activities were not the main focus of the Regulation but may well turn out to be an interesting spin-off. The Regulation prescribes general rules that will determine the law applicable to damage scenarios where more than one legal system applies. It is important for trans-national tort cases in that it does not limit the rules of applicable law to EU Member States only. This paper focuses on the common rules applicable to damage actions based on torts or other non-contractual obligations as they apply to damage caused by space activities. After an assessment of the relevant international and national law norms, the impact of the Rome II Regulation will be addressed.
KW - Commercial law
KW - Liability
KW - Cross-border damage
KW - Space activities
KW - Liability
KW - Cross-border damage
KW - Space activities
KW - Law
M3 - Article in conference proceedings
SN - 978-1-60086-717-0
SP - 44
EP - 52
BT - Proceedings of the 51st Colloquium on the Law of Outer Space
A2 - Contant Jorgenson, Corinne M.
PB - American Institute of Aeronautics and Astronautics Inc. (AIAA)
Y2 - 29 September 2008 through 3 October 2008
ER -