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  • Sustainable Space Development - Need for a Change in the Liability Regime

    Paper number

    IAC-07-E6.3.15

    Author

    Mr. Sandeepa Bhat, The WB National University of Juridical Sciences, India

    Year

    2007

    Abstract
    The outer space activities have multiplied by many fold with the development of space technology. But we are yet to develop a cost-effective technology to bring back the redundant satellites from the outer space. Breaking up of some of these satellites due to extreme weather, collision or some other reasons has resulted in the formation of large belt of space debris. These debris together with the rocket fuel and other nuclear and radioactive substances used in launching and functioning of space crafts have resulted in the large scale pollution of the space environment. The existing provisions of the space treaties relating to the prevention of pollution are grossly inadequate. Article IX of the Outer Space Treaty prohibits only harmful contamination of outer space without even defining the term. Though more stringent prohibition on the pollution is enshrined under the Moon Agreement (Article 7 and 11), it applies only to the environment of the moon and other celestial bodies and not to the outer space as a whole. More importantly the Liability Convention, which fixes the liability of the states for damage caused by the space activities, concentrates only on damage caused to the person or property of another state. But it is silent about any damage caused to the space environment. 
    Therefore this paper will be devoted to the examination of loopholes in the existing provisions relating to the protection of space environment, and to the question of fixing liability on the states for polluting the space environment as a means to achieve sustainable space development.
    
    Abstract document

    IAC-07-E6.3.15.pdf

    Manuscript document

    IAC-07-E6.3.15.pdf (🔒 authorized access only).

    To get the manuscript, please contact IAF Secretariat.