Collisions in space: Perspectives on the law applicable to damage arising from space objects
Research output: Contributions to collected editions/works › Article in conference proceedings › Research
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63rd International Astronautical Congress 2012, IAC 2012. ed. / International Astronautical Federation. Vol. 14 Curran Associates, 2012. p. 11544-11554 (Proceedings of the International Astronautical Congress, IAC; Vol. 14).
Research output: Contributions to collected editions/works › Article in conference proceedings › Research
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RIS
TY - CHAP
T1 - Collisions in space
T2 - 63rd International Astronautical Congress - IAC 2012
AU - Smith, L.J.
N1 - Conference code: 63
PY - 2012
Y1 - 2012
N2 - The number of cases that have resulted in damage from space objects has fortunately been limited. When damage has occurred, however, it has been not inconsiderable. The increase in commercial space activities need not imply an increase in the number of collisions or accidents between space objects: such presumptions would be conjecture. Concerted efforts arc, however, underway to ensure compliance with the relevant inter-agency and international debris mitigation guidelines, as a means of limiting the impact of potential debris- related collisions in space activities. Through this, safety, lifetime and technology requirements for spacecraft are rising. Where damage from space objects docs occur, however, the issue most likely to arouse attention is that of the law applicable to such accidents. In practice, resort to the dispute settlement procedure under the 1972 Convention on the Liability for Damage caused by Space Objects (Liability Convention), with its procedure for settlement of State claims on behalf of its natural or legal persons, remains an option to be exercised in the hands of the State parties to the dispute. Commercial operators may, independently, choose to call upon the domestic courts competent to hear the case in question. Domestic courts are then likely to investigate the relevant conflicts rules available across the various liability regimes that could apply to the damage resulting from the space accident. This paper takes a closer look at these liability regimes for damage from outer space activities at international and national level, including third party liability for GNSS. It offers a perspective on the current state of regulation and some reflections on possible developments in the law governing this area in the future.
AB - The number of cases that have resulted in damage from space objects has fortunately been limited. When damage has occurred, however, it has been not inconsiderable. The increase in commercial space activities need not imply an increase in the number of collisions or accidents between space objects: such presumptions would be conjecture. Concerted efforts arc, however, underway to ensure compliance with the relevant inter-agency and international debris mitigation guidelines, as a means of limiting the impact of potential debris- related collisions in space activities. Through this, safety, lifetime and technology requirements for spacecraft are rising. Where damage from space objects docs occur, however, the issue most likely to arouse attention is that of the law applicable to such accidents. In practice, resort to the dispute settlement procedure under the 1972 Convention on the Liability for Damage caused by Space Objects (Liability Convention), with its procedure for settlement of State claims on behalf of its natural or legal persons, remains an option to be exercised in the hands of the State parties to the dispute. Commercial operators may, independently, choose to call upon the domestic courts competent to hear the case in question. Domestic courts are then likely to investigate the relevant conflicts rules available across the various liability regimes that could apply to the damage resulting from the space accident. This paper takes a closer look at these liability regimes for damage from outer space activities at international and national level, including third party liability for GNSS. It offers a perspective on the current state of regulation and some reflections on possible developments in the law governing this area in the future.
KW - Law
UR - http://www.scopus.com/inward/record.url?scp=84883541723&partnerID=8YFLogxK
M3 - Article in conference proceedings
AN - SCOPUS:84883541723
SN - 9781622769797
VL - 14
T3 - Proceedings of the International Astronautical Congress, IAC
SP - 11544
EP - 11554
BT - 63rd International Astronautical Congress 2012, IAC 2012
A2 - null, International Astronautical Federation
PB - Curran Associates
Y2 - 1 October 2012 through 5 October 2012
ER -