THE POSSIBLE LIABILITY OF THE STATE WHICH DOES NOT FALL WITHIN THE CONCEPT OF THE LAUNCHING STATE

摘要

The concept of the launching State is the principal factor for the apportionment of the liability caused by the space activities. This concept remains unchanged even though the content or the actors of the space activities has been changed. This situation creates unjust burden of the liability when the on-orbit sales of satellites are carried out. If the Satellite X of the State A is sold to the State B on orbit, the State A is the launching State but the State B is not deemed as the launching State. If, after the sale, the Satellite X caused damage on the surface of the Earth, only the State A is liable under current space law regime. The State B is not held liable even though it actually controls the satellite. To solve this situation, the author would like to propose the change of the interpretation of the launching State, especially "the State which procures the launching"', to include the actual control of the space objects. This proposal is supported by three following reasons. First, the basis of the State liability is changing to include the actual control over the object which caused the damage. This tendency is found in the treaties of environmental protection and disarmament, and the advisory opinion of the International Court of Justice. Second, under international space law, the actual control is one of the reasons to regulate space activities. Lastly, the work conducted in the United Nations Committee of Peaceful Uses of Outer Space shows that the liability from space activities is based on not only the concept of the launching State but also the international responsibility of the State for its national activities.