Responsibility and Liability: A requirement to change our perceptions

Paper number

IAC-07-E6.2.01

Author

Mr. Anubhav Sinha, Luthra and Luthra, India

Year

2007

Abstract

The Outer Space Treaty, 1967 in Articles VI and VII provide for liability of the state for any of its national activities in outer space whether such activities are performed by itself or by any other non-governmental agency. Further a state will bear responsibility if it launches a space object which (or any part thereof) subsequently causes any damage to any other state or juridical entity. I would argue in this paper that we need to change our perception of responsibility and liability as provided in the Outer Space Treaty and there cannot be any liability if there are launchings from a state or if damage is caused by commercial entities not involved in any national activity. 
My first argument would be based on the situation that is about to develop in the future. As commercialization of space and its commercial exploitation gathers momentum, the space activities will no longer be based on national needs or be directed according to national space agencies. In such a scenario it would be preferable to have an amended treaty provision whereby states are not held responsible for any commercial activity by any entity. I would argue that liability in cases where such commercial entities are involved is more a case of international private law than international public law. I would suggest that the way forward would be to define the terms “national activities” and include a provision as how the Liability Convention would be applicable even in private disputes, under private international law, in relation to causation.
My second argument would be that as commercialization of space increases, cost effective launching would become an important consideration. Keeping this in mind, I would argue, that if a stern liability issue is ever present then many of the smaller countries, who may have geographically excellent launching locations, would  not be agreeable to launches from there countries. Further, I would argue, that as many of the countries do not have the required technology to monitor any subsequent failings of a space object to be launched, it is an unreasonable burden which is being thrust on them. In this paper, hence, I would conclude that the liability and responsibility provisions as contained in the Outer Space Treaty needs to be reassessed and changed.

Abstract document

IAC-07-E6.2.01.pdf

Manuscript document

IAC-07-E6.2.01.pdf (🔒 authorized access only).

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