Pursuing a liability claim for damage caused by space objects under the municipal law of launching states

Abstract

The Liability Convention was the first step in public international law to define liability suffered due to damage caused by a space object and to ensure that damage can be recovered from a "launching state". However, the Liability Convention is only applicable to states and international intergovernmental organisations, if such organisations declare their acceptance of the rights and responsibilities contained in the Liability Convention. States, therefore, need to submit a claim to the launching state in terms of the Liability Convention within one year from the identification of the state liable, or the occurrence of the damage. However, states could possibly refuse to institute a claim in terms of the Liability Convention, based on diplomatic, economic or other considerations. This creates a problem for business enterprises who have suffered damage as defined in the Liability Convention. However, Article XI(2) of the Liability Convention states that nothing in the convention precludes a natural or juridical person from pursuing an action in a court, forum or tribunal of the launching state for damages suffered. The scope of this research will focus on a comparative study, whereby the municipal law of selected countries (South Africa, Australia, France, UK) will be investigated to determine the actions that natural or juridical entities could institute to recover damage in the municipal law of the respective states. The research will heavily focus on the national space legislation of each state, alternatively the identification of other civil/common law remedies available, as well as bilateral/multilateral treaties that could have an influence on the determination of the liable party.