Understanding International Space Law and the Liability Mechanism for Commercial Outer Space Activities—Unravelling the Sources

Abstract

The status and liability of non-governmental entities for commercial use of outer space activities on behalf of space launching states are not very clear under the existing space law regimes. Non-governmental entities are those who carry private space activities such as commercial launching, supplying different equipment or parts to space agencies and manufacturing spacecraft and satellite. The possible litigation relating to the commercial activities are mainly the financial consequence of damage caused and also the technical complications that private entities face in case of supply of defaulted parts to the space agencies. According to Article VI of the Outer Space Treaty 1967 and Articles II and III of Liability Convention 1972, launching country is liable for any activities in outer space. Even in the case of non-governmental activities, the launching state is liable. Therefore, in the event of any commercial activity from any sovereign states, the state is liable for any accidents and consequential damages. This article focusses on specific issues such as liability for commercial outer space activities of nongovernmental entities in the existing international space law regimes. It explores the applicable principle of space law and international law in outer space activities. The work also focusses on the impact on space liability regime as well as on the legal efficiency of the links between private entities and state liability. This exercise is important in the background of the increasing number of private spacecrafts scheduled for launching in the future.

India’s Quest for a National Space Law and the Missing Piece of Possessory Rights

“…(Anghie, 2015, p. 155) If the national space laws of important space-faring nations, especially emerging powers, adopt a uniform position concerning possessory rights in outer space, it can go a long way in helping to create a customary international law to this effect. A similar argument has been made in the case of determining liability for private actors (Gupta & KD, 2019).…”

Privacy in the age of remote sensing during natural disasters in Australia and Indonesia

“…This would extend to commercial activities. Remote sensing is listed as a type of commercial activity which is increasingly being carried out by private entities (Gupta & Raju, 2019).…”

“…Accordingly, advancements in the resolution capacity of remote satellite technology will inevitably raise debates on the infringement of citizens' privacy, as monitoring can now be done from continents away without the need for installed cameras. 16 Singh et al (2012) further suggest that 'the rapidly improving resolution capacity coupled with the growth in nanotechnology could enable live recording instead of imagery in the near future and we are left to imagination to perceive the threat posed by unfettered usage of remote sensing satellites. ' Although there are international frameworks such as the Remote Sensing Principles 17 and Disasters Charter, 18 as discussed later, they are generally not legally binding and do not provide specific rules for addressing privacy breaches that occur during satellite-based remote sensing activities, particularly in natural disasters situations (de Beer, 2020; Sitanggang, 2018).…”