Abstract
Over the past 70 years, human space activities have been regulated by a stable international legal regime. The legal framework for this regime is the Magna Carta of ISL—the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (the Outer Space Treaty). States have been major actors throughout the history of space activities. Due to their efforts, the provisions of the Outer Space Treaty and other treaties adopted to develop and enlarge individual articles of the former fully ensured proper intergovernmental cooperation. However, after private companies started to play a more significant role in space activities, the legal regime required consistent and corresponding changes. Considering that commercial operators are gaining stronger positions in the global space markets every year, basically displacing states, they are interested in comprehensive and efficient legal protection of their interests. This leads to the emergence of a new issue in international space law—the need to reorganize and reshape the liability institute, which does not currently provide actors involved in space activities with fair compensation for damage caused by space objects.
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References
Abashidze, A. K., Inshakova, A. O., Solntsev, A. M., & Gugunskiy, D. A. (2021). Socio-economic inequality as a barrier on the path of sustainable development: “Institutional traps” and perspectives of overcoming them. International Journal of Sociology and Social Policy, 41(1–2), 62–75. https://doi.org/10.1108/IJSSP-03-2020-0069
Articles V, VI, IX of the Convention, Supplementary to the Warsaw Convention, for the Unification of Certain Rules relating to International Carriage by Air Performed by a Person other than the Contracting Carrier (signed on September 18, 1961). Guadalajara, Mexico. Accessed February 5, 2022, from https://www.jus.uio.no/lm/air.carriage.warsaw.convention.guadalajara.supplementary.convention.1961/landscape.letter.pdf.
Cheng, B. (1998). Article VI of the 1967 Space Treaty Revisited: “International Responsibility,” “National Activities” and “the Appropriate State.”. Journal of Space Law, 26(1), 9–11.
Convention for the Unification of Certain Rules for International Carriage by Air (signed on May 28, 1999). Montreal, Canada. Accessed February 5, 2022, from https://www.jus.uio.no/lm/air.carriage.unification.convention.montreal.1999/.
Convention for the Unification of Certain Rules Relating to International Carriage by Air (signed on October 12, 1929), Warsaw, Poland. Accessed February 5, 2022, from https://www.jus.uio.no/lm/air.carriage.warsaw.convention.1929/portrait.pdf.
Jaramillo, C. (Ed.). (2010). Space security 2010. Waterloo, Canada: Library and Archives Canada Cataloguing in Publications Data. Accessed February 5, 2022, from https://swfound.org/media/29039/space%20security%20index%202010%20full%20report.pdf.
Lachs, M. (2010). The new chapter of international law. In T. Masson-Zwaan & S. Hobe (Eds.), The law of outer space: An experience in contemporary law-making (pp. 24–25). Martinus Nijhoff Publishers.
Matytsin, D. E. (2021). Retail investment financing via remote digital computer algorithm. Legal Concept, 20(2), 150–158. https://doi.org/10.15688/lc.jvolsu.2021.2.20
Sidorova, T. Y. (2004). Liability in international atomic and international space law (synopsis of dissertation of candidate of legal sciences). St Petersburg University.
UN General Assembly. (1963). Declaration of legal principles governing the activities of states in the exploration and uses of outer space (adopted by resolution 1962 (XVIII) of December 13, 1963), New York, NY. Accessed February 5, 2022, from https://www.unoosa.org/oosa/en/ourwork/spacelaw/principles/legal-principles.html.
UN General Assembly. (1972). Convention on international liability for damage caused by space objects (adopted by resolution 2777 (XXVI), opened for signature on March 29, 1972, entered into force on September 1, 1972), New York, NY. Accessed February 5, 2022, from https://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties/liability-convention.html.
United Nations. (1986). Second report on international liability for injurious consequences arising out of acts not prohibited by international law (Document A/CN.4/402, 13 May 1986). Accessed February 5, 2022, from https://legal.un.org/ilc/documentation/english/a_cn4_402.pdf.
van Traa-Engelman, H. L. (1996). Commercialization of space activities: Legal requirements constituting a basic incentive for private enterprise involvement. Space Policy, 12(2), 119–128. https://doi.org/10.1016/0265-9646(96)00003-3
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The research is carried out with the financial support of the Russian Academy of Sciences in the framework of the scientific project № 20-18-00314 “Transformation of public relations in the context of Industry 4.0: legal prevention”.
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Inshakova, A.O., Konygin, R.A., Travnikov, A.I. (2023). Reshaping the Institution of Liability in International Space Law. In: Popkova, E.G. (eds) Sustainable Development Risks and Risk Management. Advances in Science, Technology & Innovation. Springer, Cham. https://doi.org/10.1007/978-3-031-34256-1_25
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