Space Regulations Library

Issues of Liability and Future Prospects

By: V. Kayser

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Hardcover | 31 October 2001

At a Glance

Hardcover
404 Pages

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23.5 x 15.88 x 2.54

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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.

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Paperback

Published: 9th December 2010

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Aims and Context	p. 1
Overall Approach	p. 2
Risk in Launching Space Objects, An Overview	p. 3
Approaches to Risk	p. 8
Liability Risk Management: Looking to the Future	p. 14
The International Legal Framework	p. 23
Space Treaties and Resolutions	p. 24
Examples of International Practice	p. 58
Domestic Launch Legislation and Regulations	p. 77
Legal Framework for Launch Services in the United States	p. 77
European Legal Framework: The Ariane Lauch Services	p. 134
General Rules of Common Law and Civil Law Susceptible of Governing Liability for Launch Services	p. 149
Common Law: General US Law Applicable to Liability for Launch Activities	p. 150
Civil Law: The Example of French Law	p. 194
Practice in Spacecraft Development Contracts: The European Space Agency	p. 244
Issues in Liability Risk Management and Proposals De Lege Ferenda	p. 257
An appraisal of the Legal Situation	p. 258
Methodology for our Further Discussions	p. 261
Harmonizing the Practice of Inter-Participant Waivers of Liability	p. 262
The International Law Framework	p. 283
Some Concrete Proposals	p. 307
Harmonization of Inter-Participant Waivers of Liability	p. 307
Implementation Arrangements for the Space Treaties	p. 335
Conclusions	p. 347
Bibliography	p. 351
Table of Contents provided by Blackwell. All Rights Reserved.

Space Regulations Library

Issues of Liability and Future Prospects

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