LIABILITY FOR DAMAGE CAUSED BY SPACE OBJECTS UNDER INTERNATIONAL AND NATIONAL LAW

Paul S. Dempsey, McGill University

Abstract

ABSTRACT Because of the imposition of State liability for damage inflicted by space objects under the multilateral Space Law Conventions, many States have promulgated national legislation providing licensing, insurance and indemnification by commercial providers. In order to promote commercial operations in space, some States also have capped liability. This article addresses two principal issues: (1) the liability exposure of States for death, injury, or property damage by providers of commercial spaceflight; and (2) how States protect themselves in their domestic legislation through indemnification and insurance requirements in the licensing and regulation of launches, launch sites, launch vehicles, space vehicles and their launch and re-entry. The first part of this article addresses the liability imposed upon States by the Outer Space Treaty, the Rescue Agreement and the Liability Convention, as well as principles of customary International Law. The second part provides a comparative analysis of how States protect themselves from liability through national legislation.