DOI: 10.5553/IISL/2023066008004

International Institute of Space LawAccess_open

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International Liability Regime for Damage in Commercial Human Spaceflight

Current Problems and Potential Solutions

Keywords International liability, commercial human space flight, Liability Convention, private entities
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    While the Outer Space Treaty and Liability Convention establish a liability system that primarily focuses on damage caused by space objects, there is an absence of a specific regime tailored to address the unique characteristics of commercial human spaceflight. Despite various provisions on liability issues found in national space legislation of major space-faring nations, as well as the 1998 IGA and supporting legal documents from commercial space companies’ tourism projects, these efforts have not resulted in an internationally recognized damage liability regime for commercial human spaceflight. This lack of a predictable and specific legal system may potentially discourage investment in this industry. Therefore, establishing a foreseeable and stable international liability regime for damages would directly contribute to encouraging active participation from multiple parties in commercial activities within outer space while also fostering greater economic and social benefits, ultimately promoting long-term sustainable development of outer space activities.

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