Collisions in space: perspectives on the law applicable to damage arising from space objects

摘要

The number of cases that have resulted indamage from space objects has fortunatelybeen limited. When damage has occurred,however, it has been not inconsiderable.The increase in commercial space activitiesneed not imply an increase in the numberof collisions or accidents between spaceobjects: such presumptions would beconjecture. Concerted efforts are, however,underway to ensure compliance with therelevant inter-agency and internationaldebris mitigation guidelines, as a means oflimiting the impact of potential debrisrelatedcollisions in space activities.Through this, safety, lifetime andtechnology requirements for spacecraft arerising.Where damage from space objects doesoccur, however, the issue most likely toarouse attention is that of the lawapplicable to such accidents.In practice, resort to the dispute settlementprocedure under the 1972 Convention onthe Liability for Damage caused by SpaceObjects (Liability Convention), with itsprocedure for settlement of State claims onbehalf of its natural or legal persons,remains an option to be exercised in thehands of the State parties to the dispute.Commercial operators may, independently,choose to call upon the domestic courtscompetent to hear the case in question.Domestic courts are then likely toinvestigate the relevant conflicts rulesavailable across the various liabilityregimes that could apply to the damageresulting from the space accident.This paper takes a closer look at theseliability regimes for damage from outerspace activities at international andnational level, including third partyliability for GNSS. It offers a perspectiveon the current state of regulation and somereflections on possible developments in thelaw governing this area in the future.