The Aerospace Plane: Collisions and Damage to a Third Party on the Surface of the Earth: Which Liability Regime will Rule?

Abstract

Listen

Translate article

The article addresses the establishment of a legal regime concerning liability questions of the aerospace plane. The existing air and space law, as laid down for example in the Chicago Convention and the Outer Space Treaty -especially the definition of the words ‘aircraft’ and ‘space object’-is used as a starting point. The applicability of the existing regimes to the aerospace plane is then evaluated. Two concrete cases, namely liability resulting from damage to third parties on the suiface of the earth and liability after collisions, are presented in depth to illustrate the legal questions that this new hybrid craft will raise. Finally some modest suggestions are made as to the resolution of the conflicts.