DOMESTIC INSURANCE AND LICENSING REQUIREMENTS FOR PRIVATE LAUNCH SERVICES: A COMPARATIVE GUIDE

摘要

Since the launch of Sputnik-1 by the Soviet Union in 1957, a large number of countries have enacted domestic legislation on various issues concerning space activities, such as the establishment of space agencies, satellite radiocommunications, creation of domestic registries for space objects and remote sensing policies. However, only a very limited number of countries have legislated specifically to regulate the private launch services sector. These countries include Australia, Brazil, Norway, Russia, South Africa, Sweden, the Ukraine, the United Kingdom and the United States. In all probability, these efforts are driven by two major motives. The financial motive is the desire on the part of the countries to require private operators to indemnify them on account of their activities rather than to cover the international liability themselves. The legal motive is the requirement under Article VI of the Outer Space Treaty that requires countries to "authorise" and "continually supervise" the space activities of their governmental and private entities. Arguably, the acts of authorising and supervising private activities are most appropriately done through a regulatory framework prescribed by domestic legislation.