The Convention on International Liability for Damage Caused by Space Objects, also known as the Space Liability Convention, is a treaty from 1972 that expands on the liability rules created in the Outer Space Treaty of 1967. In 1978, the crash of the nuclear-powered Soviet satellite Kosmos 954 in Canadian territory led to the only claim filed under the convention.
The Liability Convention was concluded and opened for signature on 29 March 1972. [1] It entered into force on 1 September 1972. [1] As of 1 January 2021, 98 States have ratified the Liability Convention, 19 have signed but not ratified and four international intergovernmental organizations (the European Space Agency, the European Organisation for the Exploitation of Meteorological Satellites, the Intersputnik International Organization of Space Communications, and the European Telecommunications Satellite Organization) have declared their acceptance of the rights and obligations provided for in the Agreement. [2] [3]
States (countries) bear international responsibility for all space objects that are launched within their territory. This means that regardless of who launches the space object, if it was launched from State A's territory, or from State A's facility, or if State A caused the launch to happen, then State A is fully liable for damages that result from that space object.
If two states work together to launch a space object, then both of those states are jointly and severally liable for the damage that object causes. This means that the injured party can sue either of the two states for the full amount of damage.
Claims under the Liability Convention must be brought by the state against a state. The convention was created to supplement existing and future national laws providing compensation to parties injured by space activities. Whereas under most national legal systems an individual or a corporation may bring a lawsuit against another individual or another corporation, under the Liability Convention claims must be brought on the state level only. This means that if an individual is injured by a space object and wishes to seek compensation under the Liability Convention, the individual must arrange for his or her country to make a claim against the country that launched the space object that caused the damage.
The Outer Space Treaty, formally the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, is a multilateral treaty that forms the basis of international space law. Negotiated and drafted under the auspices of the United Nations, it was opened for signature in the United States, the United Kingdom, and the Soviet Union on 27 January 1967, entering into force on 10 October 1967. As of February 2021, 111 countries are parties to the treaty—including all major spacefaring nations—and another 23 are signatories.
Kosmos 954 was a reconnaissance satellite launched by the Soviet Union in 1977. A malfunction prevented safe separation of its onboard nuclear reactor; when the satellite reentered the Earth's atmosphere the following year, it scattered radioactive debris over northern Canada, some of the debris landing in the Great Slave Lake next to Fort Resolution, NWT.
The Montreal Convention is a multilateral treaty adopted by a diplomatic meeting of ICAO member states in 1999. It amended important provisions of the Warsaw Convention's regime concerning compensation for the victims of air disasters. The Convention attempts to re-establish uniformity and predictability of rules relating to the international carriage of passengers, baggage and cargo. Whilst maintaining the core provisions which have served the international air transport community for several decades, the new treaty achieves modernization in a number of key areas. It protects passengers by introducing a two-tier liability system that eliminates the previous requirement of proving willful neglect by the air carrier to obtain more than US$75,000 in damages, which should eliminate or reduce protracted litigation.
The Oil Pollution Act of 1990 (OPA) was passed by the 101st United States Congress and signed by President George H. W. Bush. It works to avoid oil spills from vessels and facilities by enforcing removal of spilled oil and assigning liability for the cost of cleanup and damage; requires specific operating procedures; defines responsible parties and financial liability; implements processes for measuring damages; specifies damages for which violators are liable; and establishes a fund for damages, cleanup, and removal costs. This statute has resulted in instrumental changes in the oil production, transportation, and distribution industries.
Space law is the body of law governing space-related activities, encompassing both international and domestic agreements, rules, and principles. Parameters of space law include space exploration, liability for damage, weapons use, rescue efforts, environmental preservation, information sharing, new technologies, and ethics. Other fields of law, such as administrative law, intellectual property law, arms control law, insurance law, environmental law, criminal law, and commercial law, are also integrated within the space law.
Extraterrestrial real estate refers to claims of land ownership on other planets, natural satellites, or parts of space by certain organizations or individuals. Previous claims are not recognized by any authority, and have no legal standing. Nevertheless, some private individuals and organizations have claimed ownership of celestial bodies, such as the Moon, and are actively involved in "selling" parts of them through certificates of ownership termed "Lunar deeds", "Martian deeds" or similar.
Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. In common-law jurisdictions the term is most commonly used to refer to a type of tort lawsuit in which the person bringing the suit has suffered harm to his or her body or mind. Personal injury lawsuits are filed against the person or entity that caused the harm through negligence, gross negligence, reckless conduct, or intentional misconduct, and in some cases on the basis of strict liability. Different jurisdictions describe the damages in different ways, but damages typically include the injured person's medical bills, pain and suffering, and diminished quality of life.
The United Nations Committee on the Peaceful Uses of Outer Space (COPUOS) is a United Nations committee whose main task is to review and foster international cooperation in the peaceful uses of outer space, as well as to consider legal issues arising from the exploration of outer space.
War can heavily damage the environment, and warring countries often place operational requirements ahead of environmental concerns for the duration of the war. Some international law is designed to limit this environmental harm.
Space jurisdiction, a field addressing what countries can enforce various laws in space, has become more important as the private sector enters the field of space tourism. Under the Outer Space Treaty of 1967, while space and celestial bodies cannot be appropriated by nations, objects launched into space and personnel on board them remain under the jurisdiction of the state of registry.
The Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, also referred to as the Rescue Agreement is an international agreement setting forth rights and obligations of states concerning the rescue of persons in space. The Agreement was created by a 19 December 1967 consensus vote in the United Nations General Assembly. It came into force on 3 December 1968. Its provisions elaborate on the rescue provisions in Article V of the 1967 Outer Space Treaty. Despite containing more specificity and detail than the rescue provision in Article V of the Outer Space Treaty, the Rescue Agreement still suffers from vague drafting and the possibility of differing interpretation.
Space policy is the political decision-making process for, and application of, public policy of a state regarding spaceflight and uses of outer space, both for civilian and military purposes. International treaties, such as the 1967 Outer Space Treaty, attempt to maximize the peaceful uses of space and restrict the militarization of space.
The Convention on Registration of Objects Launched into Outer Space was adopted by the United Nations General Assembly in 1974 and went into force in 1976. As of February 2022, it has been ratified by 72 states.
Admiralty law in the United States is a matter of federal law.
Common heritage of mankind is a principle of international law that holds that defined territorial areas and elements of humanity's common heritage should be held in trust for future generations and be protected from exploitation by individual nation states or corporations.
The International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992, often referred to as FUND92 or FUND, is an international maritime treaty, administered by the International Maritime Organization. The original FUND convention in 1969 was drawn up as an enhancement to CLC meant on one hand to relieve shipowners from unfair liabilities due to unforeseeable circumstances and on the other hand remove liability caps that some member states thought were too low. The fund is obliged to pay victims of pollution when damages exceed the shipowner's liability, when there is no liable shipowner, or when the shipowner is unable to pay its liability. The fund is also required to "indemnify the shipowner or his insurer" in spills where a ship is in full compliance with international conventions, and no wilful misconduct caused the spill.
In Bulgaria, the law of obligations is set out by the Obligations and Contracts Act (OCA). According to article 20a, OCA contracts shall have the force of law for the parties that conclude them.
Asgardia, also known as the Space Kingdom of Asgardia and Asgardia the Space Nation, is a micronation formed by a group of people who have launched a satellite into Earth orbit. They refer to themselves as "Asgardians" and they have given their satellite the name "Asgardia-1". They have declared sovereignty over the space occupied by and contained within Asgardia -1. The Asgardians have adopted a constitution and they intend to access outer space free of the control of existing nations and establish a permanent settlement on the Moon by 2043.
The International Convention on Civil Liability for Bunker Oil Pollution Damage (BUNKER) is an International treaty listed and administered by the International Maritime Organization, signed in London on 23 March 2001 and in force generally on 21 November 2008. The purpose is to adopt uniform international rules and procedures for determining questions of liability and providing adequate compensation.
Space sustainability aims to maintain the safety and health of the space environment.
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