TY - CHAP

T1 - Jurisdiction and applicable law in cases of damage from space in Europe - The advent of the most suitable choice - Rome II

AU - Smith, Lesley Jane

AU - Doldirina, Catherine

N1 - Conference code: 59

PY - 2008/10

Y1 - 2008/10

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 the private space activities. Few space-faring nations have introduced national space statutes that include a downflow of their international obligations. The European Union (EU) Regulation on the law applicable to non-contractual obligations 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 applicable law in damage scenarios, where more than one legal system applies. It is important for trans-national tort cases and does not limit the systems of applicable law to those of the EU Member States only. This paper focuses on the common rules applicable in damage actions based on torts or other non-contractual obligations from the perspective of their applicability to damage caused by space activities. After assessment of the relevant international and national law norms the value of the EU 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 the private space activities. Few space-faring nations have introduced national space statutes that include a downflow of their international obligations. The European Union (EU) Regulation on the law applicable to non-contractual obligations 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 applicable law in damage scenarios, where more than one legal system applies. It is important for trans-national tort cases and does not limit the systems of applicable law to those of the EU Member States only. This paper focuses on the common rules applicable in damage actions based on torts or other non-contractual obligations from the perspective of their applicability to damage caused by space activities. After assessment of the relevant international and national law norms the value of the EU Regulation will be addressed.

KW - Law

UR - http://www.scopus.com/inward/record.url?scp=77950497451&partnerID=8YFLogxK

M3 - Article in conference proceedings

AN - SCOPUS:77950497451

SN - 978-1-61567-160-1

T3 - International Astronautical Federation - 59th International Astronautical Congress 2008, IAC 2008

SP - 9789

EP - 9797

BT - International Astronautical Federation - 59th International Astronautical Congress 2008, IAC 2008

PB - International Astronautical Foundation IAF

T2 - 59th International Astronautical Congress 2008, IAC 2008

Y2 - 29 September 2008 through 3 October 2008

ER -