TY - CHAP

T1 - The current challenges of liability for loss of satellite based services

AU - Smith, Lesley Jane

PY - 2014

Y1 - 2014

N2 - Doing full justice to the subject of liability for damage from outer space requires a look at the interaction between classic rules of international law, national law and the particular type of damage or loss resulting from in-orbit collision or other form of interference. Collisions between spacecraft, the impact of space-related debris, as well as GNSS service-related issues, can all lead to damage and loss; natural occurrences resulting from particular space weather may also play a role. The loss itself can range from damage to the environment of outer space, to damage to spacecraft in flight, including the loss of signal in space, and ultimately to the loss of satellite-based services. Much depends on the individual service involved. In the case of telecommunication services, for example, the damage resulting from loss of communication networks may be considerable. This paper discusses the responses of the various branches of the law to the specific space-based scenarios described above. It thereafter reviews how contractual solutions in the area of telecommunication and beyond contribute to maintaining the balance of interests surrounding risk management within this field. It also discusses the impact of liability for space-based services in the context of newer, integrated satellite-based EO data products and services, and their impact on established contract practice. ©2013 by the International Astronautical Federation. All rights reserved.

AB - Doing full justice to the subject of liability for damage from outer space requires a look at the interaction between classic rules of international law, national law and the particular type of damage or loss resulting from in-orbit collision or other form of interference. Collisions between spacecraft, the impact of space-related debris, as well as GNSS service-related issues, can all lead to damage and loss; natural occurrences resulting from particular space weather may also play a role. The loss itself can range from damage to the environment of outer space, to damage to spacecraft in flight, including the loss of signal in space, and ultimately to the loss of satellite-based services. Much depends on the individual service involved. In the case of telecommunication services, for example, the damage resulting from loss of communication networks may be considerable. This paper discusses the responses of the various branches of the law to the specific space-based scenarios described above. It thereafter reviews how contractual solutions in the area of telecommunication and beyond contribute to maintaining the balance of interests surrounding risk management within this field. It also discusses the impact of liability for space-based services in the context of newer, integrated satellite-based EO data products and services, and their impact on established contract practice. ©2013 by the International Astronautical Federation. All rights reserved.

KW - Law

KW - Space Law

KW - Space Law

UR - http://www.gbv.de/dms/spk/sbb/toc/812582667.pdf

UR - http://www.scopus.com/inward/record.url?scp=84904625277&partnerID=8YFLogxK

M3 - Article in conference proceedings

SN - 978-94-6236-440-0

T3 - Proceedings of the International Astronautical Congress, IAC

SP - 291

EP - 304

BT - Proceedings of the International Institute of Space Law2013

A2 - Jorgenson, Corinne

PB - Eleven International Publishing

ER -