Main Contents and Comment on the 1972 Liability Convention

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

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.

Responsibility of the states for the colonial era as the core trend of the modern international law discourse

This article examines the international legal responsibility of modern states, which at some point used to be metropoles (mother country) before their former colonies, as well as analyzes the question of whether the centuries-old events can serve as the foundation for implementation of modern forms of international liability of the states. The subject of this research is the historical responsibility of ex-metropoles before their former colonies. The object of this research is the modern forms of international law, within the framework of which this responsibility can be exercised. The author comprehensively reviews the content of current claims of the former colonies, namely on the payment of reparations, admission of guilt, and issuance of formal apology by ex-metropoles. The conclusion is made that current claims of the former colonies emerged within the framework of global trend of recent time, associated with the attempt to view the international relations of past eras through the prism of modern legal and political paradigm, which differs significantly. For example, the modern political-legal paradigm relies on giving absolute priority to human rights and human life, which was uncharacteristic to the previous historical periods. Therefore, the attempts of current reconsideration of historical events, laying down the reparation demands, can lead to significant deterioration of modern intergovernmental relations, rather than improvement thereof.

International Liability for Pollution Damage in Outer Space Environment

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.

Wojna hybrydowa jako przykład umiędzynarodowionego konfliktu wewnętrznego

The paper deals with internal conflicts, their internationalisation and a hybrid war. In the 1990s many military conflicts could have been regarded as domestic conflicts or internationalised internal conflicts. According to the authors internationalised internal conflicts and a hybrid war have much in common. The purpose of the paper is to compare and confront distinctive characteristics of internationalised internal conflicts with the model of hybrid war. The authors scrutinize definitions of an internal, domestic conflict and a hybrid war, and the possibilities and likelihood of their occurrence. Finally the issue is analysed in terms of international public law. ‘Hybrid war’ is a term not defined in public international law. However it is commonly used not only by media and politicians, but also by academics in a sci- entific discourse. A question arises to what extent it is justified to use a term in the context of different military conflicts, like for instance the one in the East Ukraine that has been going on since 2015. Therefore it is necessary to explain what the term ‘hybrid war’ means. In order to do so, it is necessary to try to define the term. Its distinctive characteristics must be indicated. Then, many military conflicts will be analysed to determine whether they satisfy the requirements for qualifying them as a ‘hybrid war’ or an internationalised internal conflict. The research leads to a conclusion that an internationalised internal conflict gives many opportunities for applying to it methods characteristic of a hybrid war. In the course of an internationalised internal conflict there are many ways in which the aggressor can evade international liability and the authors attempt to answer how to prevent this.

India and the Civil Nuclear Liability Regime

The successful winding up of the Indo–US civil nuclear cooperation agreement in 2008 had generated a lot of sanguinity of thriving nuclear trade and increased investment surge in India’s civil nuclear power sector. However, the differences over the Indian nuclear liability regime because of its non-conformity with the international liability regime have marred those expectations. In the stated background, the article in its first part traces the chronological development of the international nuclear liability regimes, and, in second part, the Indian liability law and its inconsistencies are dealt with emphasis on shifting tenor of India–US relations vis-à-vis the law.