Abstract
Both national and international laws apply to collisions by space vehicles and objects in outer space and with the surface of the Earth. International treaties govern collisions involving commercial operators from different states, while domestic laws govern claims by nationals against national commercial operators. Commercial operators may find themselves as defendants or become plaintiffs when others cause them damage. This essay discusses liability in the new space era from the point of view of these operators, including both outer space and surface liabilities. It examines liability exposure, describes different regimes governing liability, and identifies prospective legal changes.
Highlights
Both national and international laws apply to collisions by space vehicles and objects in outer space and with the surface of the Earth
Canada brought a claim against Russia under both the Convention on the International Liability for Damage Caused by Space Objects (Liability Convention)[1] and customary international law
The advent of reusable space-launch technology, poised to have a significant impact on market competition for launch operators, will have an impact on the risk of liability. This technology, consisting of rocket stages designed to return to the launch site on land or on floating sea platforms, is being developed by companies such as SpaceX and Blue Origin in the United States to reduce the cost of launches into outer space.[3]
Summary
Both national and international laws apply to collisions by space vehicles and objects in outer space and with the surface of the Earth. International treaties govern collisions involving commercial operators from different states, while domestic laws govern claims by nationals against national commercial operators. Commercial operators may find themselves as defendants or become plaintiffs when others cause them damage. This essay discusses liability in the new space era from the point of view of these operators, including both outer space and surface liabilities. It examines liability exposure, describes different regimes governing liability, and identifies prospective legal changes
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