Facing Up to Third Party Liability for Space Activities: some reflections

Research output: Contributions to collected editions/worksArticle in conference proceedingsResearchpeer-review

Authors

This paper looks at third party liability (TPL) in space law from a systematic perspective. It analyses the rules governing compensation for damage to third parties resulting from space activities under the international law of space and under select national liability regimes. While the liability mechanism under the Liability Convention is designed to cover TPL, it remains a less attractive mechanism of recourse for victims, who are more likely to pursue damage actions before national courts, especially in the case of commercial space operations. The paper discusses possible trends for commercial operations in a field where liability disclaimers, cross-waivers of liability and government liability guarantees are the order of the day. It looks to compliance with safety and debris mitigation rules as a measure of damage mitigation, particularly where damage occurs in orbit and fault must be substantiated. Finally, using the example of the Galileo commercial GNSS system, the author examines the complexities of satellite navigation systems that could lead to large- scale third party damage. While there are arguments for consistent international and national levels of damage regulation, the paper recalls that TPL currently remains an issue that turns largely on the availability and nature of insurance coverage.

Original languageEnglish
Title of host publicationProceedings of the 52nd Colloquium on the Law of Outer Space
EditorsCorinne M. Jorgenson
Number of pages9
Volume12
PublisherAmerican Institute of Aeronautics and Astronautics Inc. (AIAA)
Publication date2010
Edition1.
Pages255-263
ISBN (print)978-161567908-9
ISBN (electronic)978-1-60086-772-9
Publication statusPublished - 2010
Event52nd Colloquium on the Law of Outer Space - 2009 - Daejeon, Korea, Republic of
Duration: 12.10.200916.10.2009
Conference number: 52
http://iislweb.org/proceedings.html

    Research areas

  • Commercial law - Commercial operation, Commercial space operations, Debris mitigation, GALILEO, GNSS systems, In-orbit, National courts, National level, Satellite navigation systems, Space activities, Space laws, Third parties, Third party damage
  • Law

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