State Responsibility and Liability in Space Law vis a vis General International Law
- Paper number
IAC-16,E7,IP,22,x32190
- Coauthor
Ms. Upasana Dasgupta, Institute of Air and Space Law, McGill University, India
- Year
2016
- Abstract
It is a general principle of international law that a breach of an international obligation entails State responsibility and responsibility entails duty to make reparation. The key elements of State responsibility are the breach of obligation of a State by a person or body whose conduct is attributable to the State. In space law, the questions of responsibility and liability are addressed in two treaties: the Outer Space Treaty and the Liability Convention. The concepts of liability and responsibility in space law are deviations from those concepts under general international law. The deviations were brought in place in 1960s and 1970s when space law was formulated. At that time, space activities were at their early stage, were imminently risky, potent of causing damage to millions of lives and dollars and hence, a need was felt to ensure relief was met to the victim. Hence, liability was fixed on the launching State and the definition of launching State was made broad to ensure that the victim was provided relief. This is opposed to the general international law under which responsibility and liability is fixed on the State to which international wrongful act is attributable. Further, under general international law, a State is only directly responsible for acts by its agents and servants in official capacity because imputability is one of the requirements for holding a State internationally responsible. International State responsibility in outer space for private space activities arises the moment a breach of an international obligation is committed, unlike in general international law, where State's responsibility for non-governmental entities arises when the State fails in its duty to prevent or repress such breach. Thus, there are several deviations of space law from general international law. Space activities still continue to be risky affairs. However, unarguably, space technology has become extraordinarily sophisticated and safer since 1945, when mankind started exploring the outer space. My paper would compare the concepts of liability and responsibility in space law vis. a vis. general international law and will analyse how to deal with inconsistencies arising in space law in relation to the concepts of responsibility and liability. In light of the recent scientific developments, I intend to examine whether the deviations in space law from the general international law still serve the purpose or whether it is time to imbibe some of the established principles of general international law into space law.
- Abstract document
- Manuscript document
(absent)