Essay
- Go to http://www.unoosa.org (Links to an external site.) and read the 1972 Convention on International Liability for Damage Caused by Space Objects
- View the Dr. Gerardine Goh Escolar video “State Responsibility and Liability in International Space Law.”
- Using materials from links on the UN Office for Outer Space Affairs website,
- the Journal of Space Law, (e.g.)
Andrew Brearly, “Reflections upon the Notion of Liability: Kosmos 954 and Space Debris.” v.34/#2 (Winter 2008)
Paul Dembling, “Catastrophic Accidents; Indemnification of Contractors Against Third Party Liability.” v.10/#1&2 (1982)
Paul Dembling, “The 1986 Challenger Disaster: Legal Implications.” v.19/#1 (1991) - The Space Review, (e.g.)
Scott Kerr, “Liability for space debris collisions and the Kessler Syndrome.” parts 1&2 (1/2/2018)
- and other resources (Googling is encouraged), write a 4-7 page, double-spaced essay (footnoted with bibliography) on the following:
Summarize the Articles of the Liability Convention (definitions, grounds for liability, exceptions to liability, compensation and exceptions, and mechanics of processing claims)
Who is bound by the Convention?
What if a state/entity has insufficient funds to settle a claim?
Is there a statute of limitations for settling claims? What if damages do not become apparent for decades?
Can a state claim sovereign immunity from paying claims?
How to determine what type of “claims commission” to agree to? Is there a role for the International Court of Justice? Should a special court be created like is the case with the Maritime Tribunal established for the Deep Seabed Authority in the 1982 Law of the Sea Treaty? Utilize the Permanent Court of Arbitration (see their “PSA Optional Rules for Arbitration of Disputes Relating to Outer Space Activities” https://pca-cpa.org/en/search/?q=outer+space+rules (Links to an external site.))
How do states govern the liability for private entities and their activities?