Main Contents and Comment on the 1972 Liability Convention

2021 ◽  
pp. 24-30
Keyword(s):  
Outer Space ◽  
Historical Background ◽  
Liability Rules ◽  
Space Objects ◽  
Outer Space Treaty ◽  
International Responsibility ◽  
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.

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 Liability for Pollution Damage in Outer Space Environment

2020 ◽  
Vol 16 ◽  
Keyword(s):  
International Law ◽  
Outer Space ◽  
Space Environment ◽  
Radioactive Materials ◽  
Legal Norms ◽  
Pollution Damage ◽  
Outer Space Treaty ◽  
International Responsibility ◽  
International Liability ◽  
Space Activities

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

2015 ◽  
Vol 17 (3) ◽  
pp. 297-335
Author(s):  
Lawrence Li
Keyword(s):  
International Law ◽  
Space Debris ◽  
Outer Space ◽  
Legal Framework ◽  
International Responsibility ◽  
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.

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.

scholarly journals L’apport du Canada en matière de responsabilité internationale pour les dommages d’origine spatiale : l’Affaire du satellite Cosmos 954.

2005 ◽  
Vol 11 (3) ◽  
pp. 467-487
Author(s):  
André Farand
Keyword(s):  
Soviet Union ◽  
Outer Space ◽  
Radioactive Material ◽  
Canadian Government ◽  
The Soviet Union ◽  
Space Objects ◽  
The Government ◽  
Government Of Canada ◽  
Actual Damage ◽  
International Liability

The nuclear satellite Cosmos 954 was launched by the Soviet Union in September 1977. Due to some difficulties in functioning, Cosmos 954 made an unscheduled return to earth and its debris scattered over a large portion of Canadian territory on January 24, 1978. The Canadian government, informed that the satellite had radioactive material on board, immediately began urgent operations to reduce the actual damage and to return the territory affected to its normal condition. Considering that the costs incurred during the operations should be claimed from the Soviet Union, the Government of Canada prepared a claim based in particular on the Convention on International Liability for Damage caused by space objects. The claim was presented to the Soviet representative on January 23, 1979. The Canadian government alleged that Canada sustained damage from the return on earth of the Cosmos 954 satellite. The Soviet Union, as the launching State, is absolutely responsible and should pay an appropriate amount of compensation. The amount claimed is slightly over 6 million dollars. Canada, subsequent to the incident, has proposed to the United Nations the adoption of a new regime for the use of nuclear energy in outer space.

International Liability for Damage Caused by Space Objects

1980 ◽  
Vol 74 (2) ◽  
pp. 346-371 ◽  
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.

International Space Law and Satellite Telecommunications

2019 ◽  
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 ◽  
Space Activities

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.

scholarly journals STATE OBLIGATIONS RELATED TO THE LAUNCH OF OBJECTS INTO OUTER SPACE UNDER INTERNATIONAL LAW

2020 ◽  
Vol 2 (2) ◽  
Author(s):  
Riza Amalia
Keyword(s):  
International Law ◽  
Outer Space ◽  
Secondary Data ◽  
The State ◽  
Space Object ◽  
International Telecommunication Union ◽  
International Telecommunication ◽  
Space Objects ◽  
State Obligations ◽  
Outer Space Treaty

Space utilization is currently experiencing a very rapid increase. Many countries have carried out various missions by launching space objects. In launching an object into space, the state has several obligations that must be fulfilled, at least according to the author there are three basic obligations namely, registration, supervision, and responsibility when a loss occurs. For this reason, this study aims to provide information on how to carry out these obligations under international law. The method used in this study is the normative judicial approach. A normative juridical approach is a legal research conducted by examining library materials or secondary data as a basis for research by conducting a search of regulations and literature relating to the problem under study. The launch of space objects certainly has a regulation that is used as a standard worthy of launching space objects such as satellites. The launch is regulated in the 1976 Registration Convention and registered with an international institution, the International Telecommunication Union (Article iv (1) 1976 registration convention). In addition to registering space objects, the state must also supervise these space objects to find out the development of the mission they made (Article VI Outer Spece Treaty 1967), and the last is the responsibility of a country when a loss arises due to the space object. This is regulated in the 1967 Outer Space Treaty (Article VII) and the 1972 Liability Convention.

Israel and the Law of Outer Space

1988 ◽  
Vol 22 (4) ◽  
pp. 457-466
Author(s):  
Bruce A. Hurwitz
Keyword(s):  
Outer Space ◽  
The Moon ◽  
International Space ◽  
Space Law ◽  
Space Objects ◽  
Celestial Bodies ◽  
Practical Effect ◽  
The Law ◽  
International Liability

With the launching of Israel's first satellite, Offeq–1, on September 19, 1988, Israel's commitments in international space law came into practical effect. Specifically, Israel is bound through ratification to the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies; the 1968 Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched Into Outer Space; and the 1972 Convention on International Liability for Damage Caused by Space Objects. Two additional treaties, the 1975 Convention on Registration of Objects Launched Into Outer Space, and the 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, have yet to be signed or ratified by Israel.

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