National Liability for Damage Outside Territory Caused by Space Objects and Suggestions to China's Legislation

Abstract

This paper discusses on national liability for damage outside territory caused by space objects. Although precautionary measures are taken in order to reduce the high risk in outer space activities, sometimes damages do occur incidentally. Potential risk dangerousness caused by space objects should not be neglected. As signatory to the Outer Space Treaty and the Liability Treaty(both defined infra), China is now pressing on with enacting domestic law on space activity to acclimatize itself to the rapid growth in space field. Therefore, making a study of national liability for damage outside territory caused by space objects and similar regulations of States’ domestic laws helps us to learn from others’ strong points and offset our weakness and adjust measures to local condition. To start with, this paper analyses the dual responsibility frame of the two international treaties. Secondly, it discusses the difference and links between national liability for damage outside territory caused by space objects and national liability in traditional international law. Finally, it raises some constructive suggestions to China’s legislation on space. Copyright © 2003 by the author. Published by the American Institute of Aeronautics and Astronautics, Inc., with permission. Great achievements had been made since the Sputnik 1, the world first satellite, was launched. Application of space technology, such as the development and utilization of observation satellite, telecommunication satellite, navigation satellite, have been infiltrated into various field of national economy and the people’s daily livelihood, and also is closely linked with thousands of household. As these activities bring great benefits to mankind, the potential jeopardy, especially the possible risk made by use of nuclear force in outer space, should not be neglected, such as the crash of Cosmos 954, the Radar Ocean Reconnaissance Satellite which was powered by a nuclear reactor. Although various precaution measures are taken to prevent the high risk of space activities, accident caused by space objects do occur and cause damage. This paper will review national liability for damage outside territory caused by space objects as well as national liability in international law, and raise some personal suggestions to China’s legislation on space. NATIONAL LIABILITY FOR DAMAGE OUTSIDE TERRITORY CAUSED BY SPACE OBJECTS As is generally known, Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and 54th International Astronautical Congress of the International Astronautical Federation, the International Academy of Astronautics, and the International Institute of Space Law 29 September 3 October 2003, Bremen, Germany IAC-03-IISL.2.16 Copyright © 2003 by the International Astronautical Federation. All rights reserved.