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Launching Space Objects : Issues of Liability and Future Prospects - Valerie Kayser

Launching Space Objects

Issues of Liability and Future Prospects

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Published: 31st October 2001
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Launch activities performed by private entities deal with a complex legal environment. The Space Treaties provide a general liability framework. Launch participants are subject to regulatory or institutional control, and to domestic liability laws. Specific contractual practice has developed due to insurance limitations, the inter-participants' waivers of liability and claims.
This book synthesizes information on the norms of play, to allow the grasp of their relative weight and interactions in the assessment of liability risk for launch activities. It reveals a legal framework presently lacking sufficient predictability for an efficient liability risk management:

  • the waivers of liability suffer weaknesses as do all such clauses, and lack uniformity and reliability; and
  • the Space Treaties contain ambiguous terms preventing predictable determination of the States responsible for authorizing and supervising launch activities and for damage compensation, and do not reflect the liability of launch operators.
This book offers suggestions of new approaches for:
  • harmonizing waivers of liability to improve their consistency, validity and flow-down; and
  • improving the Space Treaties for their implementation to non-governmental launch activities.
In the launch community, the need for lawmaking is less compelling than in fields such as aviation. Nevertheless, adjustments to the present framework are proposed through model clauses and an international instrument, for further thinking and contribution by those sharing the opinion that creative lawmaking is needed now to prepare for tomorrow's endeavors.

Aims and Contextp. 1
Overall Approachp. 2
Risk in Launching Space Objects, An Overviewp. 3
Approaches to Riskp. 8
Liability Risk Management: Looking to the Futurep. 14
The International Legal Frameworkp. 23
Space Treaties and Resolutionsp. 24
Examples of International Practicep. 58
Domestic Launch Legislation and Regulationsp. 77
Legal Framework for Launch Services in the United Statesp. 77
European Legal Framework: The Ariane Lauch Servicesp. 134
General Rules of Common Law and Civil Law Susceptible of Governing Liability for Launch Servicesp. 149
Common Law: General US Law Applicable to Liability for Launch Activitiesp. 150
Civil Law: The Example of French Lawp. 194
Practice in Spacecraft Development Contracts: The European Space Agencyp. 244
Issues in Liability Risk Management and Proposals De Lege Ferendap. 257
An appraisal of the Legal Situationp. 258
Methodology for our Further Discussionsp. 261
Harmonizing the Practice of Inter-Participant Waivers of Liabilityp. 262
The International Law Frameworkp. 283
Some Concrete Proposalsp. 307
Harmonization of Inter-Participant Waivers of Liabilityp. 307
Implementation Arrangements for the Space Treatiesp. 335
Conclusionsp. 347
Bibliographyp. 351
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9781402000614
ISBN-10: 1402000618
Series: Space Regulations Library, V. 1
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 386
Published: 31st October 2001
Publisher: Springer-Verlag New York Inc.
Country of Publication: US
Dimensions (cm): 23.5 x 15.88  x 2.54
Weight (kg): 0.77