Conflict of laws in International Space Law: amalgamating international with civil liability
- Paper number
IAC-16,E7,4,x35357
- Coauthor
Dr. Ioanna Thoma, European Space Agency (ESA), France
- Coauthor
Mr. Alexander Soucek, European Space Agency (ESA), France
- Year
2016
- Abstract
Space activities are being pursued by an increasing number of non-governmental actors. The commercialisation of space as well as the expansion to new sectors of space activity brings private actors to the epicentre of public international law. In this article, we will tackle the interplay between public international law and conflict of laws in matters relating to non-contractual liability in civil law. Under public international law, damages occurring out of space activities can be pursued either on the basis of the OST and the Liability Convention via the exercise of diplomatic protection by the state of the private individuals or legal entities affected by the tort against the launching state or states in case of joint or several liability. Further, the OST foresees that the activities of non-governmental entities in outer space require authorization and continuing supervision by an appropriate State Party to the Treaty and that States Parties bear international responsibility for national space activities also in case they are carried out by such non-governmental entities. However, the liability of non-governmental actors for damage caused by space objects is viewed as a matter to be dealt with by a national applicable law determined according to the conflict of laws. The Liability Convention entitles a State, or the natural or juridical persons it might represent, to pursue a claim in the courts of a launching state. The conflict of laws rules of the launching state will indicate the applicable law. A variety of options may be presented: (i) the lex loci delicti; (ii) the law of the place where the damage has occurred; (iii) the lex fori. It is evident that, in space related matters, identifying such law is problematic because the owner, operator or authorising entity of the space object may differ. A private claimant may, therefore, bring claims before different courts. The danger of issuing contradicting decisions is clear. Legal insecurity is aggravated by the political considerations of the state-to-state diplomatic protection proceedings which may lead to an outcome deviating from the one of all or some of the various courts seized of the dispute. Interaction of the two areas of law is by no means self-evident. The article therefore addresses a question of practical relevance at the intersection between public international and civil law.
- Abstract document
- Manuscript document
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