Jurisdiction and Applicable Law in cases of Damage from Space - the Advent of the Most Suitable Choice in Europe - Rome II
- Paper number
IAC-08.E8.1.7
- Author
Dr. Lesley Jane Smith, University of Bremen, Germany
- Coauthor
Ms. Catherine Doldirina, McGill University, Canada
- Year
2008
- Abstract
Liability for space activities is a much discussed subject and the advent of commercial space operations has only increased its importance. Articles VI and VII Outer Space Treaty, together with Articles II and III Liability Convention, remain the main entry level for a state’s liability for damage arising from its commercial space industry. Few space-faring nations have introduced national space statutes that include a down-flow of a state’s international obligations. The advent of new legislation in the European Union could harbour developments for liability law in the context of damage resulting from space operations. In what is designed as legislation limiting the number of potentially applicable laws in any one conflicts case, the EU is looking with this new Regulation on the law applicable to non-contractual obligations “to improve the predictability of the outcome of litigation” in its Member States. Space activities were not the main focus of the EU Regulation, but may well turn out to be an interesting by-product. In Article 4(1) through to Article 4(3), the Regulation prescribes the general rules that determine the applicable law in damage scenarios where more than one system of legal rules could apply. The Regulation excludes situations where the damage results from acta iure imperi. This exclusion will in turn lead to greater insight on the status of state involvement in commercial space activities that fall within the concept of acta iure gestionis. Nor does the Regulation interfere with other international conventions laying down conflict-of-law rules on non-contractual obligations. The Regulation is important for trans-national tort cases and has universal application: it does not limit the systems of applicable law to those of the EU Member States only. This paper focuses on the common rules applicable in damage actions based on torts or other non-contractual obligations from the perspective of a future conflicts law applicable to damage caused by space activities. In the context of European space applications, the Regulation will be the key to resolving disputes relating to damage, particularly caused by operations within the Galileo project. It will establish an important and welcome interface between the Liability Convention and the law of space currently developing at national level.
- Abstract document
- Manuscript document
IAC-08.E8.1.7.pdf (🔒 authorized access only).
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