The Convention on International Liability for Damage Caused by Space Objects

1973 ◽  
Vol 10 ◽  
pp. 137-185 ◽  
Author(s):  
W. F. Foster
Keyword(s):  
United Nations ◽  
Outer Space ◽  
General Assembly ◽  
Space Objects ◽  
Draft Convention ◽  
The United Nations ◽  
International Liability ◽  
Space Activities

On September 10, 1971, the United Nations Committee on the Peaceful Uses of Outer Space adopted and decided to submit to the General Assembly for consideration and final adoption a draft Convention on International Liability for Damage caused by Space Objects. Approval of the Convention was recommended by the First Committee of the General Assembly on November 11, 1971; and on November 29, 1971 it was endorsed by the General Assembly. The Convention on International Liability for Damage Caused by Space Objects marks the culmination of a decade of debate and negotiation of the problem of liability for damage arising from outer space activities.

Supra-Earth affairs

2011 ◽  
Vol 369 (1936) ◽  
pp. 693-699 ◽  
Author(s):  
Mazlan Othman
Keyword(s):  
United Nations ◽  
Outer Space ◽  
General Assembly ◽  
Discussion Paper ◽  
Member States ◽  
Terrestrial Life ◽  
The United Nations ◽  
Near Earth Objects

The United Nations briefly considered the issue of extra-terrestrial intelligence at the 32nd session of the General Assembly in 1977. As a result, the Office of Outer Space Affairs was tasked to prepare a document on issues related to ‘messages to extra-terrestrial civilizations’, but this area has not been followed through in more recent times. This discussion paper describes the United Nations’ activities in the field of near-Earth objects in some detail, and suggests that this might be used as a model of how Member States could proceed with dealing with this issue in case the existence of extra-terrestrial life/intelligence is established.

The Outer Space Treaties

1969 ◽  
Vol 73 (705) ◽  
pp. 751-758
Author(s):  
Francis Vallat
Keyword(s):  
United Nations ◽  
Outer Space ◽  
General Assembly ◽  
The Moon ◽  
Celestial Bodies ◽  
The United Nations

In this lecture I intend to talk about two treaties adopted under the auspices of the General Assembly of the United Nations. To give them their full titles, they are the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space including the Moon and other Celestial Bodies and the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space. For convenience, I shall call them the Treaty on Outer Space and the Agreement on Rescue and Return.

International Liability for Commercial Space Activities and Related Issues of Debris

2020 ◽  
Author(s):  
Elina Morozova ◽  
Alena Laurenava
Keyword(s):  
Space Debris ◽  
Artificial Satellite ◽  
Outer Space ◽  
International Space ◽  
Space Law ◽  
Air Space ◽  
Space Objects ◽  
Outer Space Treaty ◽  
International Liability ◽  
Space Activities

Space activities are technically sophisticated, challenging, and high risk endeavors. Notwithstanding precautionary measures that are taken by commercial operators, damage may be caused during space objects’ launching, passing through air space, in-orbit maneuvering and operating, and de-orbiting. The rules and procedures aimed at ensuring the prompt payment of a full and equitable compensation for such damage constitute the international liability regime, which is of crucial importance in space law. The first reference to international liability for damage caused by space objects and their component parts on the Earth, in air space, or in outer space, can be traced back to the very beginning of the space era. In 1963, just few years after the first ever artificial satellite was launched, international liability was declared by the UN General Assembly as one of the legal principles governing the activities of states in the exploration and use of outer space. It was later made legally binding by inclusion in the 1967 Outer Space Treaty and received further development in the 1972 Liability Convention. The latter is generally referred to as lex specialis when the interrelation between the two international treaties is described and introduces several provisions that treat liability for damage caused in specific circumstances somewhat differently. International space law imputes liability on states that launch or procure launchings of space objects and states from whose territory or facility space objects are launched. This does not, however, exclude liability for damage caused by space objects, which are operated by private entities. Still, international liability for accidents involving commercial operators stays with the so-called “launching states,” as this term is defined by the Liability Convention for the same states that are listed in the Outer Space Treaty as internationally liable. Insurance is well known to settle liability issues, including those arising from commercial launches, however, it is not always mandatory. Frequently, space-related accidents involve non-functional space objects and their component parts, which are usually referred to as space debris. This may include spent rocket stages and defunct satellites, as well as fragments from their disintegration. Since the non-functional state of a space object does not change its legal status, the relevant provisions of international space law that are applicable to space objects continue to apply to what is called “space debris.” This means, in particular, that launching states are internationally liable for damage caused by space debris, including cases where such debris was generated by private spacecraft. The probability of liability becomes even higher when it comes to active space debris removal. Such space activities, which are extensively developed by private companies, are inextricably linked to potential damage. Yet, practical problems arise with identification of space debris and, consequently, an efficient implementation of the liability regime.

scholarly journals International legal, technical and financial challenges for implementing the concept of space traffic management

2021 ◽  
Vol 25 (2) ◽  
pp. 700-713
Author(s):  
Aslan Kh. Abashidze ◽  
Alexander M. Solntsev ◽  
Siavash Mirzaee ◽  
Mahdi Davarzani
Keyword(s):  
United Nations ◽  
Traffic Management ◽  
Outer Space ◽  
Economic Incentives ◽  
Potential Space ◽  
High Interest ◽  
Agenda Item ◽  
New Space ◽  
The United Nations ◽  
Space Activities

Focuses on the concept of Space Traffic Management (STM), the matter which has been of high interest for many space actors in the last three decades. With the emergence of the NewSpace era, and flourishment of commercial and economic incentives for space activities, this topic has gained the attention of many space actors in the preceding decades, thus turning into a separate agenda item in the Legal Subcommittee of the United Nations Committee on the Peaceful Uses of Outer Space. However, establishing and implementing such regulations is a challenging task, especially for new space actors. This article aims to assess the existing challenges of STM and provide solutions to overcome them. Firstly, this article provides the necessity of establishing such a regulation: it is evaluated and discussed while describing the requirements for achieving this goal. Secondly, the paper studies definitions provided by governmental and non-governmental entities regarding this concept and the measures taken towards its realising. Finally, the research discusses the challenges that space actors face regarding implementing this concept, both legal and practical. In conclusion, the authors highlight the importance of promoting endeavours and coordination among all current and potential space actors with due considerations for their relevancy.

scholarly journals The IAU and hazardous Near Earth Objects – a clear and present danger

2018 ◽  
Vol 13 (S349) ◽  
pp. 79-89
Author(s):  
Karel A. van der Hucht
Keyword(s):  
United Nations ◽  
Outer Space ◽  
Warning System ◽  
Minor Planet ◽  
General Assembly ◽  
Advisory Group ◽  
Earth Object ◽  
The United Nations ◽  
Clear And Present Danger ◽  
Near Earth Objects

AbstractThe Minor Planet Center, established in 1947 by the IAU, is the international repository and clearinghouse for the world’s minor planet observations. Since 1989, CCD surveys of Near Earth Objects at ground-based astronomical observatories are operational, mainly in the USA. As of 23 August, 2018, a total of 18,545 Near Earth Asteroids (NEAs) and 107 Near Earth Comets (NECs) have been registered and daily updates are made publicly available on the internet by the MPC, NASA-JPL-CNEOS and ESA-SSA-NEOCC.Concern about the possibility of NEO impacts has been picked up by the United Nations Committee on the Peaceful Uses of Outer Space (UN-COPUOS), where the IAU has observer status, and formally expressed since 1999. This led in 2014 to the formation of two international coordinating bodies for NEO detection and NEO impact mitigation: the International Asteroid Warning Network (IAWN) and the Space Mission Planning Advisory Group (SMPAG).In support of these developments, the IAU 28th General Assembly, Session II, held in Beijing on 30 August 2012, adopted a Resolution (3B) recommending the establishment of an International NEO EarlyWarning System, as proposed by the IAU Division III (now Division F) Working Group on Near-Earth Objects. The GA recommended “… that the IAU National Members work with the United Nations Committee on the Peaceful Uses of Outer Space (UNCOPUOS) and the International Council for Science (ICSU), to coordinate and collaborate on the establishment of an International NEO Early Warning System, relying on the scientific and technical advice of the relevant astronomical community, whose main purpose is the reliable identification of potential NEO collisions with the Earth, and the communication of the relevant parameters to suitable decision makers of the nation(s) involved. ….”The NEO hazard issue received world-wide attention on 13 February 2013 when a NEA with an estimated size of 17 to 20 meters and an estimated mass of 11,000 tons exploded over Chelyabinsk (Russia), releasing 440 kT TNT of energy at an altitude of ∼23 km.Subsequently, on 5 December 2014, the United Nations General Assembly adopted a Resolution (69/85, 9–10), noting “… the importance of information-sharing in discovering, monitoring and physically characterizing potentially hazardous near-Earth objects to ensure that all countries, in particular developing countries with limited capacity in predicting and mitigating a near-Earth object impact, are aware of potential threats, emphasizes the need for capacitybuilding for effective emergency response and disaster management in the event of a near-Earth object impact, .…”In spite of all dedicated NEO surveys operational to date, the present inventory and thus our assessment of the level of threat of NEOs is severely limited by their huge number and by the available observational capabilities. E.g., while the estimated number of all NEOs larger than 40 meters in diameter is ∼700, 000, only ∼2% have been detected to date. For NEOs with sizes between 40 and 140 meters, the detection percentage amounts to less than 1% of the estimated number. Only dedicated space-based surveys, preferably in the infrared, will be able to provide the much needed orders of magnitude improvement in the detection, tracking and characterizing of NEOs. One promising project is the NASA-JPL NEOCam mission, studied since 2005 but not yet approved: a dedicated infrared observatory aiming to detect, track and characterize NEO’s from the Sun-Earth Lagrange point L1.As Yeomans puts it: we better find them before they find us (Yeomans 2013). Traditionally, astronomers are looking back into the past, if only because of the limited speed of light. But we should realize that the clear and present danger posed by hazardous Near Earth Objects to mankind and all other life forms obliges us to look also forward, into the future. Provided with the proper means, we astronomers can do that, as a small service to society, including ourselves. The astronomical community at large should give high priority to NEO survey projects, in particular space-based surveys.

scholarly journals CARRIER'S LIABILITY UNDER INTERNATIONAL MARITIME CONVENTIONS AND THE UNCITRAL DRAFT CONVENTION ON CONTRACTS FOR THE INTERNATIONAL CARRIAGE OF GOODS WHOLLY OR PARTLY BY SEA

Transport ◽  
2009 ◽  
Vol 24 (4) ◽  
pp. 345-351 ◽  
Author(s):  
Su Tong-jiang ◽  
Wang Peng
Keyword(s):  
United Nations ◽  
General Assembly ◽  
Maritime Law ◽  
Draft Convention ◽  
The United Nations

The UNCITRAL Draft Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea was approved on Thursday, 3 July 2008 and would then be presented to the General Assembly of the United Nations for endorsement later this year. Many innovative features contained in the Draft Convention fill the perceived gaps in existing transport regimes. Carrier's liability compared with international maritime conventions and the Draft Convention as well as China Maritime Code is discussed in the paper. It is pointed out that although the Draft Convention plays a very important role in the development of international private maritime law regime, the entry into the force of the Draft Convention is not optimistic.

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