1) The document discusses international liability for damage caused in outer space, including definitions of outer space, a brief history of international responsibility and conventions on the topic, procedures for claiming compensation, and recommendations.
2) Under the 1972 Convention on International Liability for Damage Caused by Space Objects, launching states have absolute liability to pay compensation for damage and are at fault for any damage caused in outer space.
3) States have one year to file a claim with the launching country after damage occurs and a claims committee will determine compensation if countries do not agree within another year. The document calls for stronger laws to prevent pollution of outer space.
2. 2
Introduction
Definition of outer space and outer space environment
International liability for damage caused to the outer space
Compensation for the damage caused
Procedure to Claim the damages
Deadline to sue for the comepnsation
Recommendations and Conclusion
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3. 3
• Space race- began in the late 1950s
• One of the most serious contemporary issue-
pollution of outer space environment
• Eg of outer space pollution- introduction of harmful
substances, nuclear explosions or collisions etc
• There is need to know of the laws that talks about
liabilities and damages and compensations that
have to be imposed on the launching states- to
make them responsible
Fig.1 Outer space environment
4. 4
• Outer space= Beyond the five layers of earth-
troposphere, stratosphere, mesosphere,
thermosphere and the exosphere (thins out and
merges with the outer space)
• Outer space environment= places (regions)
surrounding the earth, where the satellites can be
taken and have a minum height of 100 km (62
miles) above sea level
• The Kármán Line
Fig 2.The Five layers of atmospheree
5. 5
• No clear definition is available neither in the
treaties nor in any conventions
• The Outer Space Treaty: no direct mention
• However, Article IX: obligation of state parties to
aviod occurance of harmful contamination of outer
space
Fig 3.The Outer Space Treatye
6. 6
Brief History
• International responsibility: “State which is
charged with the commission of an unlawful act in
accordance with international law is obliged to
compensate the State which has been injured as a
result of such an act”
• Traditional jurisprudence: theory of error or
theory of unlawful international action- failed to
estd. legal basis
7. 7
• Convention on International Liability for
Damage caused by space objects: adopted two
grounds for establishment of liability for damage
• 1. Article II: “launching state to have absolute
liability for payment of compensation for damage
caused”
• 2. Article III: damage in outer space is based on
‘fault’ or error’ of responsible person
Fig 4. Convention on Int. Liability, 1972e
8. 8
• Will be responsible as per Article VI of outer space
treaty
• In case of two or more countries launch together=
jointly and jointly responsible, including the
damage of environment pollution-- as per Article V
of Int. liability convention
• International Organization-- responsibility with that
particular organization and its members which are
state parties to the convention-- Article 22 of Int.
liability convention
Fig 5. Convention on Int. Liabilitye
9. 9
• International Liability Agreement 1972: No
fixed amount of compensation due to the
unpredictability of the risk, nature and seriousness
of damages caused
• Article 12 of Int. liability act= stipulates the
applicable law to estimate the compensation along
with the goal achieved from the compensation
• Thus, compensation is determined in accordance
with international law and the principles of justice
and fairness
10. 10
• Procedure should be as per the convention of
International liability, 1972
• 1. Diplomatic Methods: in abscence of diplomatic
relations, claimant state to request the latter to
submit its request /assume its interest in
accordance with the agreement
• In case, parties are members of UN, then claims
are made through UN-- Article 9 of the Int.
Liability convention, 1972
11. 11
• 2. The claims committee: within one year from
the date of notifying the claiming country of the
launching state, incase compensation not paid,
then should form the claims committee
• Claims committee: to be created by the parties
involved. Only 3 memebers irrespective of
number of parites involved
• launching and the claimant State shall appoint a
representative within one year
• Chairman= appointed with consent of the parties
within four months
12. 12
• Main function of claims committee:
• 1. to decide on the subject and the amount of the
compensation payable- Art.18 of liability
convention
• 2. to issue a decision on the award, which shall be
binding if agreed upon
• 3. incase of non-agreement, a final judgment
covered by a recommendation accepted by the
parties in good faith” - Article 19 of the
International Liability Convention, 1972).
13. 13
• Article 10 of the Liability Agreement addresses
the time limit within which the liability claim is to
be filed
• the lawsuit should be filed with the launching
country during the year following the date of the
damage
• the time limit may not exceed a period of one year
from the date on which it is expected that the state
will know the facts by taking the necessary care in
a reasonable way- Art. 10, para 2
14. 14
• States should not undertake any activity or experiment which will cause any harmful
changes to the global environment in the name of studying and exploring the outer space
• Immediate strict legal rules against pollution damage
• Creating such outer space experience which wont impose threat to the environment at the
same time humans can explore it
15. 15
• Need for international attention to develop a legal regulation addressing issues related to
pollution of the outer space environment= an immdiate necessity
• Need of a seperate agreement/ a treaty only talking about the pollution of the outer space
environment
• It is too important to be simply regulated as a part of a convention (the 1972, international
liability convention)
+THANK YOU & HAVE A HAPPY WEEKEND
