CROSS-REGIME COMMERCIAL SPACE ACTIVITY – LIABILITY REGIME FOR AEROSPACE FLIGHTS

Paper number

IAC-11,E7,1,14,x11983

Author

Mr. Sethu Nandakumar Menon, University of Paris XI, France

Year

2011

Abstract

Outer space has been traditionally the playing ground for State sponsored projects and thereby all the relevant treaties have been structured to address the States. In the new era, there is an influx of private players in space sector projects. In the present scenario, the private players are limited to very few areas
and in all probability it will expand to other space domains which used to be the sole domain of States. The most important leap made by private players in the last few years is the making of Aerospace launch vehicle.

Aerospace Flights raises very fundamental third party liability legal issues. Firstly, being a private space activity, there is a need to understand the role of private actors in the current International space law regime. Secondly, Aerospace Flights is a mix bag of Air and Space law regime, hence the third party liability need to be clearly ascertained for the growth of this sector.

Aerospace Launch Vehicles raises several questions regarding the choice of law issue related to Aerospace flights. It is clear that none of the present international treaties are able to give clear answers to the legal challenges posed by these new breed of launchers/vehicles. This paper will focus on the third party liability aspects relating to aerospace flights.

The paper starts with a brief discussion on the concept of aerospace flights and the question of whether the launch vehicle/flight should be considered under air law or space law. Here, the paper will scrutinize the propositions put forward by legal experts on the general legal status of Aerospace flights. Thereupon, the paper will look in detail the concept of third party liability in Air law regime and how far it can be applicable to Aerospace launch vehicle. Further on, the paper will examine the breadth of third party liability in space law regime and the status of Aerospace flights. Moreover, the ambit of Liability Convention and the extent to which private space activities that are covered in the convention are studied here to understand the ambiguous liability issues for Aerospace Vehicles.

Abstract document

IAC-11,E7,1,14,x11983.brief.pdf

Manuscript document

(absent)