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Liability And Insurance In The Context Of National Authorisation

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Chapter Summary

The issue of liability is framed by the general framework developed at the international level by means of Article VII of the Outer Space Treaty and the Liability Convention. The mechanism most often chosen by states to deal with any international space law issues in the context of their domestic legal systems is to draft a framework law, laying down the ground rules for the licensing process whilst merely indicating the substantive obligations to be included in specific licenses, or at best outlining them. As for the liability and insurance issues, this amounts usually to insertion in the national space law or act of a principled obligation to indemnify the state comprehensively if the latter would have to pay an international liability claim under the Liability Convention, but also to allowing for case-by-case deviations from that general rule without much detailed guidance on when such partial exemptions should be admissible.

Keywords: international space law; liability convention; outer space treaty



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