Achieving a Level Playing Field in Public Private Partnerships: Can Sovereign Immunity Upset the Balance?
- Paper number
IAC-08.E8.1.2
- Author
Ms. Diane Howard, McGill University, Canada
- Year
2008
- Abstract
Increasingly important to the space industry are the relationships between governments and private actors, and the public/private partnerships (PPPs) that result. Among the many examples of these partnerships are multi-year contracts between the US government and commercial satellite and remote sensing companies, the US military’s heavily reliance on private satellite communication to address capacity shortfalls, and hosted payloads. However, government actors may be able to avoid liability through sovereign immunity, while private actors may not. This paper briefly explores the international and domestic legal responsibilities of both public and private parties in a space venture. It then examines the doctrine of sovereign immunity in both the United States and the European Union in PPPs outside the space industry context. Available waivers and exceptions from the doctrine are examined from the standpoint of maintaining a level playing field between all participants in a public private partnership.
- Abstract document
- Manuscript document
IAC-08.E8.1.2.pdf (🔒 authorized access only).
To get the manuscript, please contact IAF Secretariat.