Space activities are technically sophisticated and challenging endeavors involving high risk. Notwithstanding precautionary measures that are taken by commercial operators, damage may be caused during space objects’ launching, passing through air space, in-orbit maneuvering and operating, and de-orbiting. The rules and procedures aimed at ensuring the prompt payment of a full and equitable compensation for such damage constitute the international liability regime, which is of crucial importance in space law. The first reference to international liability for damage caused by space objects and their component parts on Earth, in air space, or in outer space can be traced back to the very beginning of the space era. In 1963, just a few years after the first ever artificial satellite was launched, international liability was declared by the United Nations General Assembly as one of the legal principles governing the activities of states in the exploration and use of outer space. It was later made legally binding by inclusion in the 1967 Outer Space Treaty and received further development in the 1972 Liability Convention. The latter is generally referred to as lex specialis when the interrelation between the two international treaties is described and introduces several provisions that treat liability for damage caused in specific circumstances somewhat differently. International space law imputes liability on states that launch or procure launchings of space objects and states from whose territory or facility space objects are launched. This does not, however, exclude liability for damage caused by space objects that are operated by private entities. Still, international liability for accidents involving commercial operators stays with the so-called launching states, as this term is defined by the Liability Convention for the same states that are listed in the Outer Space Treaty as internationally liable. Insurance is well known to address damages and liability issues, including those arising from commercial launches; however, it is not always mandatory. Frequently, space-related accidents involve nonfunctional space objects and their component parts, which are usually referred to as “space debris.” This may include spent rocket stages and defunct satellites, as well as fragments from their disintegration. Since the nonfunctional state of a space object does not change its legal status, the relevant provisions of international space law that are applicable to space objects continue to apply to what is called space debris. This means, in particular, that launching states are internationally liable for damage caused by space debris, including cases where such debris was generated by private spacecraft. The probability of liability becomes even higher when it comes to active space debris removal. Such space activities, which are extensively developed by private companies, are inextricably linked to potential damage. Yet, practical problems arise with identification of space debris and, consequently, an efficient implementation of the liability regime.
International Liability for Commercial Space Activities and Related Issues of Debris
Elina Morozova and Alena Laurenava
International Space Law and Satellite Telecommunications
Elina Morozova and Yaroslav Vasyanin
International space law is a branch of international law that regulates the conduct of space activities. Its core instruments include five space-specific international treaties, which were adopted under the auspices of the United Nations. The first and the underlying one—the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (Outer Space Treaty)—establishes that outer space is free for exploration and use by all states. Such fundamental freedom is exercised by a number of space applications that have become an integral part of modern human life and global economy. Among such applications, satellite telecommunications is the most widespread, essential, and advanced. Indeed, since 1957 when the Soviet Union launched Sputnik 1, the first artificial satellite merely capable of continuous beeping during its 21-day trip around the globe, space technologies have progressed in leaps and bounds. Cutting-edge satellite telecommunications methods ensure instant delivery of huge amounts of data, relay of real-time voice and video, broadcasting of radio and television, and Internet access worldwide. By transmitting signals over any distance telecommunications satellites connect locations everywhere on Earth. A telecommunications satellite’s lifetime, starting from the launch and ending at de-orbiting, is governed by international space law. The latter considers satellites as “space objects” and regulates liability, registration, jurisdiction and control, debris mitigation, and touches upon ownership. Therefore, the first large group of international law rules applicable to satellite telecommunications includes provisions of three out of five UN space treaties, specifically, the 1967 Outer Space Treaty, the 1972 Convention on International Liability for Damage Caused by Space Objects, and the 1976 Convention on Registration of Objects Launched into Outer Space, as well as several UN General Assembly resolutions. To carry out a communication function, satellites need to be placed in a certain orbit and to use radio-frequency spectrum, both limited natural resources. Access to these highly demanded resources, which are not subject to national appropriation and require rational, efficient, and economical uses in an interference-free environment, is managed by the International Telecommunication Union (ITU)—the UN specialized agency for information and communication technologies. The ITU’s core regulatory documents are its Constitution, Convention, and the Radio Regulations, which collectively make up another group of international law rules relevant to satellite telecommunications. Both groups of international law rules constitute the international legal regime of satellite telecommunications and face the challenge of keeping pace with technology advancement and market evolution, as well as with a growing number of states and non-state actors carrying on space activities. These tangible changes need to be addressed in the regulatory framework that cannot but serve as a driver for further development of satellite telecommunications.