DOI: 10.5553/IISL/2022065005004

International Institute of Space LawAccess_open

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Safety Zones as a Means to Ensure a Balanced Liability Regime in Space

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    The Liability Convention, which establishes the rules for international liability for damage caused by space objects, provides for fault on the side of the damage causer as a condition for compensation for accidents in space. In the absence of the “rules of the road” in space, or at least a common understanding of the standard of care and due diligence, proving fault may become a challenge on the way to obtaining compensation and adequately protecting high-value space assets. In this regard, it can be argued that safety zones established around the locations of space activities can reduce the risks of accidents, while space actors’ conduct in such zones can be an indicator of the presence or absence of any degree of fault. This article analyses the current liability regime applicable to accidents in space and examines whether controversial safety zones can close legal gaps and contribute to the development of space activities.

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