International Liability for Pollution Damage in Outer Space Environment

International Liability ◽

In view of the rapid and dangerous development of space activities and clandestine research, it has become increasingly difficult to identify and determine the environmental damages caused. Jurist of international law have begun to study the international responsibility resulting from such activities, which are leading to the pollution of the outer space environment. States launching space activities launching satellites, and carrying out experiments are introducing harmful substances, terrestrial bacteria, radioactive materials, and harmful space debris that is circling the earth. This highlights the legal norms of international space law in the area of international liability for damage caused by space activities in the 1967 Outer Space Treaty and the 1972 Convention on Liability for Damage Caused by Space Activities.

Space Debris Mitigation as an International Law Obligation

International Community Law Review ◽

10.1163/18719732-12341307 ◽

2015 ◽

Vol 17 (3) ◽

pp. 297-335

Author(s):

Lawrence Li

Keyword(s):

International Law ◽

Space Debris ◽

Outer Space ◽

Legal Framework ◽

International Liability ◽

International Instruments ◽

Space Activities ◽

Proper Interpretation ◽

Debris Mitigation

Human space activities have grown rapidly in recent decades, but the international legal framework, comprising of the five space treaties, has largely remained unchanged since the 1980s. One of the consequences is that international responsibility and liability for space debris, which is a major hazard to space activities, have also remained uncertain for years. Nonetheless, States have responded to these problems by implementing national voluntary measures. More importantly, two major non-binding international instruments have been laid down by the Inter-Agency Space Debris Coordination Committee and the United Nations Committee on the Peaceful Uses of Outer Space, respectively. This article argues that, in light of recent States practice established under these international instruments, and a proper interpretation of the space treaties, it has been recognised by the international community that States are obliged to mitigate the generation of space debris, a failure of which will lead to international liability.

International Liability for Commercial Space Activities and Related Issues of Debris

Oxford Research Encyclopedia of Planetary Science ◽

10.1093/acrefore/9780190647926.013.63 ◽

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 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.

International Liability for Damage Caused by Space Objects

The American Journal of International Law ◽

10.2307/2201505 ◽

1980 ◽

Vol 74 (2) ◽

pp. 346-371 ◽

Cited By ~ 6

Author(s):

Carl Q. Christol

Keyword(s):

International Law ◽

Outer Space ◽

Space Environment ◽

The Moon ◽

Space Objects ◽

Celestial Bodies ◽

Municipal Law ◽

Basic Proposition ◽

Per Se ◽

International Liability

The exploration and use of the space environment, consisting of outer space per se, the moon, and celestial bodies, may result in harm to persons and to property. International law and municipal law have focused on rules allowing for the payment of money damages for harm caused by space objects and their component parts, including the “payload.” Both forms of law have accepted the basic proposition that money damages should compensate for harm. Principal attention will be given in this analysis to the kinds of harm caused by space objects that are considered to be compensable under international law at the present time.

Advances in Public Policy and Administration - Global Issues Surrounding Outer Space Law and Policy ◽

Main Contents and Comment on the 1972 Liability Convention

10.4018/978-1-7998-7407-2.ch004 ◽

2021 ◽

pp. 24-30

Keyword(s):

Outer Space ◽

Historical Background ◽

Liability Rules ◽

Space Objects ◽

Outer Space Treaty ◽

International Liability

This chapter explains the historical background, key provisions, and main contents of the 1968 Space Liability Convention (Title: Convention on International Liability for Damage Caused by Space Objects). In order to protect the victims caused by space accidents, the author proposes a revision of the 1968 Liability Convention for the purpose of inserting and regulating the provision on the mental and indirect damage. The Convention on International Liability for Damage Caused by Space Objects, also known as the Space Liability Convention, is a treaty from 1972 that expands on the liability rules created in the Outer Space Treaty of 1967. In 1978, the crash of the nuclear-powered Soviet satellite Kosmos 954 in Canadian territory led to the only claim filed under the convention. The Liability Convention was concluded and opened for signature on 29 March 1972. It entered into force on 1 September 1972. As of 1 January 2019, 96 states have ratified the Liability Convention, 19 have signed but not ratified. States (countries) bear international responsibility for all space objects that are launched within their territory.

Space cowboys and mankind’s devil advocates: Towards the sustainable development of space law

Medjunarodni problemi ◽

10.2298/medjp2103477v ◽

2021 ◽

Vol 73 (3) ◽

pp. 477-509

Author(s):

Mihajlo Vucic

Keyword(s):

Sustainable Development ◽

International Law ◽

Outer Space ◽

Legal Framework ◽

Private Company ◽

The Sustainable Development ◽

Economic Exploitation ◽

Outer Space Treaty ◽

Ownership Rights ◽

The commercialization of outer space has created new challenges for international law, aside from the traditional issues of demarcation and militarization. International norms that regulate space activities were adopted at a time when one could not imagine a private company being able to economically exploit space resources. The doctrine is divided between the supporters and opponents of the interpretation that allows for freedom of enterprise and ownership over space resources. The majority of states are prone to accept freedom of enterprise, limited by the interests of mankind and environmental protection. At the same time, except for states that allow for such a possibility through their internal laws, states are against ownership rights, believing that the non-appropriation principle is absolute. Economic exploitation is in accordance with the object and purpose of the Outer Space Treaty since it can undoubtedly benefit mankind. Ownership rights, however, are impossible to conceive under the existing legal framework. There is a need to reform the legal framework, if possible, through amendments to the Outer Space Treaty, although the more realistic avenue is through informal standards that would prevent the chaos of freedom to exploit outer space. The sustainable development of outer-space commercialization would, in the author?s opinion, encourage an internationally regulated economic initiative, which would not exclude freedom of access to space resources for every state.

Space and National Security

10.1093/oxfordhb/9780190680015.013.36 ◽

2018 ◽

Cited By ~ 1

Author(s):

Joan Johnson-Freese

Keyword(s):

International Law ◽

Security Policy ◽

Outer Space ◽

Gulf War ◽

Space Environment ◽

Space Technology ◽

Dual Use ◽

Military Applications ◽

Outer Space Treaty ◽

The U.S

Space assets have provided the U.S. military a demonstrable edge against adversaries since the 1990–1991 Gulf War. Most space technology is dual-use, meaning it has both civil and military applications; this creates an ambiguity to know whether military applications are intended as offensive or defensive. This chapter examines four schools of thought on how to preserve U.S. space dominance, and what that realistically means, discussed within the context of issues related to dual-use technology, sustaining the space environment, and international law within which the schools have developed. The Outer Space Treaty of 1967 celebrated its fifty-year anniversary in 2017, making those legal considerations especially appropriate. Whether further legal, even ‘soft law” approaches to optimizing the U.S. use of space, or whether preparing for what some consider “inevitable” space war should prevail in guiding future U.S. space security policy is the question planners and analysts must address.

International Space Law and Satellite Telecommunications

Oxford Research Encyclopedia of Planetary Science ◽

10.1093/acrefore/9780190647926.013.75 ◽

2019 ◽

Cited By ~ 1

Author(s):

Elina Morozova ◽

Yaroslav Vasyanin

Keyword(s):

International Law ◽

Information And Communication Technologies ◽

Outer Space ◽

Space Applications ◽

International Telecommunication Union ◽

International Space ◽

Space Law ◽

Space Objects ◽

Outer Space Treaty ◽

International space law is a branch of international law that regulates the conduct of space activities. Its core instruments include five space-specific international treaties, which were adopted under the auspices of the United Nations. The first and the underlying one—the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (Outer Space Treaty)—establishes that outer space is free for exploration and use by all states. Such fundamental freedom is exercised by a number of space applications that have become an integral part of modern human life and global economy. Among such applications, satellite telecommunications is the most widespread, essential, and advanced. Indeed, since 1957 when the Soviet Union launched Sputnik 1, the first artificial satellite merely capable of continuous beeping during its 21-day trip around the globe, space technologies have progressed in leaps and bounds. Cutting-edge satellite telecommunications methods ensure instant delivery of huge amounts of data, relay of real-time voice and video, broadcasting of radio and television, and Internet access worldwide. By transmitting signals over any distance telecommunications satellites connect locations everywhere on Earth. A telecommunications satellite’s lifetime, starting from the launch and ending at de-orbiting, is governed by international space law. The latter considers satellites as “space objects” and regulates liability, registration, jurisdiction and control, debris mitigation, and touches upon ownership. Therefore, the first large group of international law rules applicable to satellite telecommunications includes provisions of three out of five UN space treaties, specifically, the 1967 Outer Space Treaty, the 1972 Convention on International Liability for Damage Caused by Space Objects, and the 1976 Convention on Registration of Objects Launched into Outer Space, as well as several UN General Assembly resolutions. To carry out a communication function, satellites need to be placed in a certain orbit and to use radio-frequency spectrum, both limited natural resources. Access to these highly demanded resources, which are not subject to national appropriation and require rational, efficient, and economical uses in an interference-free environment, is managed by the International Telecommunication Union (ITU)—the UN specialized agency for information and communication technologies. The ITU’s core regulatory documents are its Constitution, Convention, and the Radio Regulations, which collectively make up another group of international law rules relevant to satellite telecommunications. Both groups of international law rules constitute the international legal regime of satellite telecommunications and face the challenge of keeping pace with technology advancement and market evolution, as well as with a growing number of states and non-state actors carrying on space activities. These tangible changes need to be addressed in the regulatory framework that cannot but serve as a driver for further development of satellite telecommunications.

Direct International Responsibility of Non-Governmental Entities in The Utilization of Outer Space

PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) ◽

10.22304/pjih.v7n1.a6 ◽

2020 ◽

Vol 07 (01) ◽

pp. 102-120

Author(s):

Neni Ruhaeni

Keyword(s):

International Law ◽

Multinational Corporations ◽

Outer Space ◽

Secondary Data ◽

State Party ◽

Legal Concept ◽

Library Research ◽

Legal Subjects ◽

Article VI of the Space Treaty of 1967 defines non-governmental entities as legal concept. However, their responsibility in space activities is not defined comprehensively. The Treaty provides that the activity of non-governmental entities shall require authorization and continuing supervision from the appropriate state party to the Treaty. It suggests that non-governmental entities essentially are not the parties with direct international responsibility for their space activities. In other words, they have indirect international responsibility. On the other hand, commercialization and privatization of outer space have taken place intensively in the last two decades. It designs non-governmental entities as main actors in the exploration of outer space. The fact that non-governmental entities only have indirect international responsibility may lead to create difficult and complicated mechanisms, especially if the non-governmental entities are Multinational Corporations (MNCs). This study uses normative legal research, which is based primarily on the secondary data from library research relate to the responsibility of non-governmental entities for their activities in outer space. This study concluded that non-governmental entities should bear direct international responsibility following the current development in international law, of which, non-state legal subjects such as individual have a direct international responsibility for violations of international law they have committed.

THE ARTEMIS ACCORDS: EVOLUTION OR REVOLUTION IN INTERNATIONAL SPACE LAW?

International and Comparative Law Quarterly ◽

10.1017/s0020589321000142 ◽

2021 ◽

pp. 1-21

Author(s):

Rossana Deplano

Keyword(s):

International Law ◽

Outer Space ◽

International Standards ◽

Adaptive Governance ◽

International Space ◽

Space Law ◽

Celestial Bodies ◽

Outer Space Treaty ◽

Human Exploration ◽

Abstract Adopted in October 2020, the Artemis Accords are a set of 13 provisions establishing a principled framework for the sustainable human exploration of the Moon and the other celestial bodies, including the exploitation of their natural resources. This article examines the extent to which the Artemis Accords comply with international law and international standards. It argues that, while rooted on the provisions of the Outer Space Treaty, the Artemis Accords introduce a significant innovation in international space law by replacing the anticipatory approach to the regulation of outer space activities with the staged principle of adaptive governance.

The Development of Space Law: Applying the Principles of Space Law and Interpreting ‘Peaceful Purposes’ in the Outer Space Treaty 1967

Volksgeist Jurnal Ilmu Hukum dan Konstitusi ◽

10.24090/volksgeist.v4i1.4352 ◽

2021 ◽

Vol 4 (1) ◽

pp. 69-84

Author(s):

Fradhana Putra Disantara

Keyword(s):

International Law ◽

Outer Space ◽

Legal Issues ◽

Legal Research ◽

Space Law ◽

Outer Space Treaty ◽

Peaceful Purpose ◽

This study analyzes the relevance of the proportionality, non-intervention, and unnecessary suffering principle's in the outer space perspective; and analyzes the 'peaceful purposes' at Outer Space Treaty 1967. This legal research uses primary and secondary legal materials to obtain an appropriate analysis of legal issues. This research states that the principles of international law must be applied in space activities by outer space actors. Furthermore, the ambiguity of the phrase 'peaceful purpose' in the Outer Space Treaty gives rise to different interpretations by each state. For this reason, a convention on outer space is needed to affirm the orientation of 'peace' in space activities. In the title, you focus on peaceful purposes meaning, but in this abstract, you extend it to the broader focus.