Abstract
This chapter explains the historical background, key provisions, and main contents of the 1968 Space Liability Convention (Title: Convention on International Liability for Damage Caused by Space Objects). In order to protect the victims caused by space accidents, the author proposes a revision of the 1968 Liability Convention for the purpose of inserting and regulating the provision on the mental and indirect damage. The Convention on International Liability for Damage Caused by Space Objects, also known as the Space Liability Convention, is a treaty from 1972 that expands on the liability rules created in the Outer Space Treaty of 1967. In 1978, the crash of the nuclear-powered Soviet satellite Kosmos 954 in Canadian territory led to the only claim filed under the convention. The Liability Convention was concluded and opened for signature on 29 March 1972. It entered into force on 1 September 1972. As of 1 January 2019, 96 states have ratified the Liability Convention, 19 have signed but not ratified. States (countries) bear international responsibility for all space objects that are launched within their territory.
Top4.2. Conclusion Of The Liability Convention
The Liability Convention was concluded and opened for signature in 1972. It entered into force in September 1972. As of 1 January 2019, 96 States including the USA, the United Kingdom, Canada, France, Germany, Russia, China, Japan, Italy, Spain, Brazil, Mexico, Australia, India, Indonesia, the Republic of Korea etc. have ratified the Liability Convention, 19 have signed but not ratified and four international (the European Space Agency, the European Organization for the Exploitation of Meteor Satellites, the Intersputnik International Organization of Space Communications, and the European Telecommunications Satellite Organizations) have declared their acceptance of the rights and obligations provided for in the Agreement.1
Top4.3. Key Provisions
The basis of liability under the 1972 Space Liability Convention, and in particular examines fault-based liability. Both absolute liability and fault-based liability are found in Articles 2, 3, and 4 of the Space Liability Convention.:
Key Terms in this Chapter
Willful Misconduct: Generally means a knowing violation of a reasonable and uniformly enforced rule or policy. It means intentionally doing that which should not be done or intentionally failing to do that which should be done, knowing that injury to a person will probably result or recklessly disregarding the possibility that injury to a person may result. The term is applied in various legal contexts, such as employment and, torts, and public offices.
Kosmos 954: (Russian: Koc?oc 954) was a reconnaissance satellite launched by the Soviet Union in 1977. A malfunction prevented safe separation of its onboard nuclear reactor; when the satellite reentered the Earth's atmosphere the following year, it scattered radioactive debris over northern Canada, some of the debris landing in the Great Slave Lake next to Fort Resolution, NWT. This prompted an extensive cleanup operation known as Operation Morning Light. At 11:53 GMT on 24 January 1978, Kosmos 954 reentered the Earth's atmosphere while travelling on a northeastward track over western Canada. At first the USSR claimed that the satellite had been completely destroyed during re-entry, but later searches showed debris from the satellite had been deposited on Canadian territory along a 600-kilometre (370 mi) path from Great Slave Lake to Baker Lake.
Indirect Damages: Means all indirect, consequential, special, incidental, punitive and aggravated damages and losses, loss of profits and diminution.
Contributory Negligence: Is the plaintiff's failure to exercise reasonable care for their safety. A plaintiff is the party who brings a case against another party (the defendant).
Space Debris: Space debris, also called space junk, artificial material that is orbiting Earth but is no longer functional. This material can be as large as a discarded rocket stage or as small as a microscopic chip of paint. Much of the debris is in low Earth orbit, within 2,000 km (1,200 miles) of Earth’s surface; however, some debris can be found in geostationary orbit 35,786 km (22,236 miles) above the Equator. As of 2020, the United States Space Surveillance Network was tracking more than 14,000 pieces of space debris larger than 10 cm (4 inches) across. It is estimated that there are about 200,000 pieces between 1 and 10 cm (0.4 and 4 inches) across and that there could be millions of pieces smaller than 1 cm. How long a piece of space debris takes to fall back to Earth depends on its altitude. Objects below 600 km (375 miles) orbit several years before reentering Earth’s atmosphere. Objects above 1,000 km (600 miles) orbit for centuries.
International Space Station (ISS): Is a modular space station (habitable artificial satellite) in low Earth orbit. It is a multinational collaborative project between five participating space agencies: NASA (United States), Roscosmos (Russia), JAXA (Japan), ESA (Europe), and CSA (Canada). The ownership and use of the space station is established by intergovernmental treaties and agreements. The station serves as a microgravity and space environment research laboratory in which scientific research is conducted in astrobiology, astronomy, meteorology, physics, and other fields. The ISS is suited for testing the spacecraft systems and equipment required for possible future long-duration missions to the Moon and Mars. Development and assembly of the station continues, with several major new Russian elements scheduled for launch starting in 2020. As of December 2018, the international space station is expected to operate until 2030.