• Home
  • Current congress
  • Public Website
  • My papers
  • root
  • browse
  • IAC-16
  • E7
  • IP
  • paper
  • ON-ORBIT TRANSFER OF SATELLITES BETWEEN STATES: LEGAL ISSUES-WITH SPECIAL EMPHASIS ON LIABILITY AND REGISTRATION

    Paper number

    IAC-16,E7,IP,10,x32072

    Coauthor

    Ms. Upasana Dasgupta, Institute of Air and Space Law, McGill University, India

    Year

    2016

    Abstract
    Space has become highly commercialized and satellites are treated as transferable goods, even while they are on orbit. Although the existing international space law regime allows such transfers, it also raises some serious questions especially with regards to registration and liability. The insufficiency of the present legal framework is rooted in the cause that the space treaties were drafted decades ago, and it was not possible to contemplate on-orbit transfers at that time. Under present regime of space law, in case of an inter-State on-orbit transfer of satellite, there may be a State having de jure jurisdiction and control over a space object, for which it is liable, while another State has de facto control over the space object and is responsible, as it is that State's national activity.
    
    In this context, finding a pragmatic solution, while keeping in mind the interests of the victims, the transferor and the transferee, is imperative. Consequently, it is important to analyze whether the current framework of law is competent to deal with the issue, or whether the existing law needs to be amended. Because on-orbit transfers are happening now and will increase in the future, the topic is an extremely significant one and addresses a practical problem.
    Abstract document

    IAC-16,E7,IP,10,x32072.brief.pdf

    Manuscript document

    IAC-16,E7,IP,10,x32072.pdf (🔒 authorized access only).

    To get the manuscript, please contact IAF Secretariat.