TY - CHAP

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

AU - Smith, Lesley Jane

N1 - Conference code: 64

PY - 2013

Y1 - 2013

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.

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.

KW - Law

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

M3 - Article in conference proceedings

AN - SCOPUS:84904625277

SN - 9781629939094

T3 - Proceedings of the International Astronautical Congress, IAC

SP - 11183

EP - 11192

BT - 64th International Astronautical Congress 2013, IAC 2013

PB - International Astronautical Federation, IAF

T2 - 64th International Astronautical Congress 2013, IAC 2013

Y2 - 23 September 2013 through 27 September 2013

ER -