Jurisdiction and applicable law in cases of damage from space in Europe: The advent of the most suitable choice—Rome II

Research output: Contributions to collected editions/worksArticle in conference proceedingsResearch

Standard

Jurisdiction and applicable law in cases of damage from space in Europe: The advent of the most suitable choice—Rome II. / Smith, Lesley Jane; Doldirina, Catherine .
Proceedings of the 51st Colloquium on the Law of Outer Space : 51st Colloquiuim on the Law of Outer Space. ed. / Corinne M. Contant Jorgenson. American Institute of Aeronautics and Astronautics Inc. (AIAA), 2009. p. 44-52.

Research output: Contributions to collected editions/worksArticle in conference proceedingsResearch

Harvard

Smith, LJ & Doldirina, C 2009, Jurisdiction and applicable law in cases of damage from space in Europe: The advent of the most suitable choice—Rome II. in CM Contant Jorgenson (ed.), Proceedings of the 51st Colloquium on the Law of Outer Space : 51st Colloquiuim on the Law of Outer Space. American Institute of Aeronautics and Astronautics Inc. (AIAA), pp. 44-52, 51st Colloquium on the Law of Outer Space - 2008, Glasgow, United Kingdom, 29.09.08.

APA

Smith, L. J., & Doldirina, C. (2009). Jurisdiction and applicable law in cases of damage from space in Europe: The advent of the most suitable choice—Rome II. In C. M. Contant Jorgenson (Ed.), Proceedings of the 51st Colloquium on the Law of Outer Space : 51st Colloquiuim on the Law of Outer Space (pp. 44-52). American Institute of Aeronautics and Astronautics Inc. (AIAA).

Vancouver

Smith LJ, Doldirina C. Jurisdiction and applicable law in cases of damage from space in Europe: The advent of the most suitable choice—Rome II. In Contant Jorgenson CM, editor, Proceedings of the 51st Colloquium on the Law of Outer Space : 51st Colloquiuim on the Law of Outer Space. American Institute of Aeronautics and Astronautics Inc. (AIAA). 2009. p. 44-52

Bibtex

@inbook{9b011c04dd68481dad7c96fba7c0a090,
title = "Jurisdiction and applicable law in cases of damage from space in Europe: The advent of the most suitable choice—Rome II",
abstract = "Liability for space activities is a much discussed subject and the advent of commercial space operations has only added to its importance. Articles VI and VII Outer Space Treaty, together with Articles II and III Liability Convention, remain the main entry level for state liability for damage arising from private space activities. Few space-faring nations have introduced national space statutes that include a flow down of their international obligations. The European Union (EU) Regulation on the law applicable to non-contractual obligations—hereinafter Rome II Regulation—could harbour developments for liability law in the context of damage resulting from space operations. Space activities were not the main focus of the Regulation but may well turn out to be an interesting spin-off. The Regulation prescribes general rules that will determine the law applicable to damage scenarios where more than one legal system applies. It is important for trans-national tort cases in that it does not limit the rules of applicable law to EU Member States only. This paper focuses on the common rules applicable to damage actions based on torts or other non-contractual obligations as they apply to damage caused by space activities. After an assessment of the relevant international and national law norms, the impact of the Rome II Regulation will be addressed.",
keywords = "Commercial law, Liability, Cross-border damage, Space activities, Liability, Cross-border damage, Space activities, Law",
author = "Smith, {Lesley Jane} and Catherine Doldirina",
year = "2009",
language = "English",
isbn = "978-1-60086-717-0",
pages = "44--52",
editor = "{Contant Jorgenson}, {Corinne M.}",
booktitle = "Proceedings of the 51st Colloquium on the Law of Outer Space",
publisher = "American Institute of Aeronautics and Astronautics Inc. (AIAA)",
address = "United States",
note = "51st Colloquium on the Law of Outer Space - 2008 : From imagination to reality ; Conference date: 29-09-2008 Through 03-10-2008",
url = "https://iislweb.org/docs/IAC_2008_Glasgow.pdf",

}

RIS

TY - CHAP

T1 - Jurisdiction and applicable law in cases of damage from space in Europe

T2 - 51st Colloquium on the Law of Outer Space - 2008

AU - Smith, Lesley Jane

AU - Doldirina, Catherine

N1 - Conference code: 51

PY - 2009

Y1 - 2009

N2 - Liability for space activities is a much discussed subject and the advent of commercial space operations has only added to its importance. Articles VI and VII Outer Space Treaty, together with Articles II and III Liability Convention, remain the main entry level for state liability for damage arising from private space activities. Few space-faring nations have introduced national space statutes that include a flow down of their international obligations. The European Union (EU) Regulation on the law applicable to non-contractual obligations—hereinafter Rome II Regulation—could harbour developments for liability law in the context of damage resulting from space operations. Space activities were not the main focus of the Regulation but may well turn out to be an interesting spin-off. The Regulation prescribes general rules that will determine the law applicable to damage scenarios where more than one legal system applies. It is important for trans-national tort cases in that it does not limit the rules of applicable law to EU Member States only. This paper focuses on the common rules applicable to damage actions based on torts or other non-contractual obligations as they apply to damage caused by space activities. After an assessment of the relevant international and national law norms, the impact of the Rome II Regulation will be addressed.

AB - Liability for space activities is a much discussed subject and the advent of commercial space operations has only added to its importance. Articles VI and VII Outer Space Treaty, together with Articles II and III Liability Convention, remain the main entry level for state liability for damage arising from private space activities. Few space-faring nations have introduced national space statutes that include a flow down of their international obligations. The European Union (EU) Regulation on the law applicable to non-contractual obligations—hereinafter Rome II Regulation—could harbour developments for liability law in the context of damage resulting from space operations. Space activities were not the main focus of the Regulation but may well turn out to be an interesting spin-off. The Regulation prescribes general rules that will determine the law applicable to damage scenarios where more than one legal system applies. It is important for trans-national tort cases in that it does not limit the rules of applicable law to EU Member States only. This paper focuses on the common rules applicable to damage actions based on torts or other non-contractual obligations as they apply to damage caused by space activities. After an assessment of the relevant international and national law norms, the impact of the Rome II Regulation will be addressed.

KW - Commercial law

KW - Liability

KW - Cross-border damage

KW - Space activities

KW - Liability

KW - Cross-border damage

KW - Space activities

KW - Law

M3 - Article in conference proceedings

SN - 978-1-60086-717-0

SP - 44

EP - 52

BT - Proceedings of the 51st Colloquium on the Law of Outer Space

A2 - Contant Jorgenson, Corinne M.

PB - American Institute of Aeronautics and Astronautics Inc. (AIAA)

Y2 - 29 September 2008 through 3 October 2008

ER -