TY - JOUR

T1 - Jurisdiction and applicable law in cases of damage from space in Europe

T2 - The advent of the most suitable choice—Rome II

AU - Smith, Lesley Jane

AU - Doldirina, Catherine

PY - 2010/1

Y1 - 2010/1

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

UR - http://www.scopus.com/inward/record.url?scp=70449523343&partnerID=8YFLogxK

U2 - 10.1016/j.actaastro.2009.05.008

DO - 10.1016/j.actaastro.2009.05.008

M3 - Journal articles

VL - 66

SP - 239

EP - 244

JO - Acta Astronautica

JF - Acta Astronautica

SN - 0094-5765

IS - 1/2

ER -