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Research on the International Legal Liability Caused by Space Debris

Author: SuHuiFang
Tutor: XuanZengYi；QiXiangQuan
School: China University of Political Science
Course: International Law
Keywords: Space debris International legal liability Damage mechanisms market-share liability regime
CLC: D999.1
Type: Master's thesis
Year: 2011
Downloads: 95
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Abstract

Space debris is increasing accompanied by the pace of human exploration in depth use of outer space .and it has been doing great harm to our space exploration and utilization activities, and a growing tendency. Even though countries would not launch a space object into outer space, the density of on-orbit fragments will increases due to the collision of space debris ,which reminds us of the necessity of addressing the problem concerning debris. In International level, the settlement of debris problem mainly processed from the technical and legal level .In technical aspect, it is spacefaring stations which take mitigation measures, even research on debris removal measures. In the legal aspects,they mainly deal with legal liability for damage caused by space debris. Damage caused by space debris is divided into two categories: one as the personnel, property and environmental damage occurs in outer space; the other one as the same damage occurs when space debris returns to the Earth’s surfaces. Although the latter damage is not very prominent, it has happened from time to time. UNCOPUOS meeting frequently appeal for the consideration on this kind of damage, because it is closely related to the benefit of people’s lives and property. There are also international responsibility and international liability divided from nature for the damage.The solution to the problem of liability for space debris, is not specifically concerned in the international treaties. Due to close relations of space debris and space objects and the intention of the Convention, however , "outer space Treaty "," Liability Convention "and" Registration Convention "can be applied to resolve the problem. Environmental damage can be resovled under international principles of the Outer Space Treaty.After all, the five basic conventions of space activities have failed to be perfected, in the face of the privatization, commercialization and militarization of the rapid development of outer space activities, such as the claimant, the responsibility subject, implementation methods of responsibility and so on. Since the US-led spacefaring nations do not want to develop a new protocol to address the problems of liability of orbital debris, now we can only expand the explanation of“Outer Space Treaty", "Liability Convention" and the "Registration Convention" partly. We should take advantage of international organizations, such as UNCOPUOS. International Telecommunication Union and the U.S. Space Surveillance Network with a advanced tracking technology, can also share information with the UNCOPUOS for tracking, identifying, cataloging unidentifiable debris. And we should construct the Space debris Regulatory Commission as UNCOPUOS department to monitor space debris daily work, and it should share information about debris with the Scientific and Technical Subcommittee and Legal Subcommittee , process space debris damage accident and determine liability.The time is ripe and we will develop a new protocol.The most important problem of liability caused by space debris is mainly from unidentifiable debric and outer environmental pollution. I regard the damage caused by unidentifiable debric as the common risk behaviors, and all countries in space activities who engaged in the common dangerous behavior should take liability. So the most appropriate method is market-share regime, and the establishment of on-rail revenue. Internationally, many spacefaring stations have adopted the Space Law to adjust space activities, of which countries have developed specific liability law of outer space. In this article the author introduces the United States, Russia and the EU laws.although they are not specifically regulations of the liability of the damage caused by space debris,we can also learn something useful to use. Due to our outer space law is not perfect, we should learn from other countries’legislations and international practices in a timely manner to develop ours.

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