Liability Arising from Article VI and Other Provisions of the Outer Space Treaty: States, Domestic Law and Private Operators

Paper number

IAC-05-E6.3.05

Author

Mr. Ricky J. Lee, Ricky J. Lee & Associates, Australia

Year

2005

Abstract

It has been often observed, more so in recent times, that the focus of legal scholars, government regulators and commercial lawyers have focused on Article VII of the Outer Space Treaty and Articles II and III of the Liability Convention as the principal or perhaps even only provision concerning third party liability for damage caused by space activities.

In the process, the limitations inherent in the wording of Article VII and the Liability Convention as well as the liability implications of other treaty provisions have been ignored.  For instance, Article VI of the Outer Space Treaty requires States to have “international responsibility” for their activities in space, including those of its private entities.  Other provisions of the Outer Space Treaty and the Rescue Agreement impose positive duties on States and their contravention may not necessarily be subject to the scope of Article VII.  For example, States are required to have due regard to the corresponding interests of other States.  Such a duty, if breached, would not fall within the wording of Article VII in terms of legal liability.

This paper explores the limitations in scope given to Article VII of the Outer Space Treaty and Articles II and III of the Liability Convention and considers what other liability may arise from the other provisions of the Outer Space Treaty.  Particular attention will then be drawn to the liability provisions of selected domestic laws and what impact any gaps between them may have for a private launch operator within the scope of such laws.

Abstract document

IAC-05-E6.3.05.pdf

Manuscript document

IAC-05-E6.3.05.pdf (🔒 authorized access only).

To get the manuscript, please contact IAF Secretariat.