Facing Up to Third Party Liability for Space Activities: some reflections
Research output: Contributions to collected editions/works › Article in conference proceedings › Research › peer-review
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Proceedings of the 52nd Colloquium on the Law of Outer Space. ed. / Corinne M. Jorgenson. Vol. 12 1. ed. American Institute of Aeronautics and Astronautics Inc. (AIAA), 2010. p. 255-263.
Research output: Contributions to collected editions/works › Article in conference proceedings › Research › peer-review
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RIS
TY - CHAP
T1 - Facing Up to Third Party Liability for Space Activities
T2 - 52nd Colloquium on the Law of Outer Space - 2009
AU - Smith, Lesley Jane
N1 - Conference code: 52
PY - 2010
Y1 - 2010
N2 - 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.
AB - 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.
KW - Commercial law
KW - Commercial operation
KW - Commercial space operations
KW - Debris mitigation
KW - GALILEO
KW - GNSS systems
KW - In-orbit
KW - National courts
KW - National level
KW - Satellite navigation systems
KW - Space activities
KW - Space laws
KW - Third parties
KW - Third party damage
KW - Law
UR - https://www.scopus.com/record/display.uri?eid=2-s2.0-77953532911&origin=inward&txGid=0
UR - http://swbplus.bsz-bw.de/bsz331477955inh.htm
M3 - Article in conference proceedings
SN - 978-161567908-9
VL - 12
SP - 255
EP - 263
BT - Proceedings of the 52nd Colloquium on the Law of Outer Space
A2 - Jorgenson, Corinne M.
PB - American Institute of Aeronautics and Astronautics Inc. (AIAA)
Y2 - 12 October 2009 through 16 October 2009
ER -