A Proposal for a Protocol to the Intergovernmental Agreement on the ISS: Private Law Matters

Abstract

As commercial uses and activities are foreseen on board and in connection with the International Space Station (ISS), the question arises as to which law(s) will apply to such uses and activities. This chapter concentrates on commercial activities and uses involving the European module of the ISS, which will be registered by the European Space Agency (ESA) in conformity with Articles II and VII of the Registration Convention. In 1998, the States that are partners in the ISS concluded an Intergovernmental Agreement (IGA) on the ISS. In private law matters with international elements, private international law (conflicts of law) attaches great importance to the place ( locus or situs ) where a thing is located, the place where a contract is entered into or is to be performed, or the place where a tort (unlawful act, quasi-delict) is committed or the consequences thereof are felt. Keywords: European Space Agency (ESA); intergovernmental agreement (IGA); International Space Station (ISS); private international law; private law matters