Liability Apportionment In Outer Space Accidents: Evaluating The Role Of International Arbitration Under The Liability Convention
- IJLLR Journal
- 2 days ago
- 2 min read
Simra Shamshad, Law Student, Law College Dehradun, Uttaranchal University, Dehradun
Dr. Nikunj Yadav, Asst. Prof., Law College Dehradun, Uttaranchal University, Dehradun
ABSTRACT
The fast rise of commercial space activities, besides satellite congestion, and debris generation, has made the chance of collisions and other accidents in outer space significantly higher. The 1972 Liability Convention may be considered the first step in the direction of determining state liability, since it provides for absolute liability without fault for damage caused on Earth and for liability based on fault for incidents occurring in outer space, still, it is quite limited as far as the complexities of present, day space operations are concerned. Among the issues raised by the space operations are the following: how to assess "fault" in a place where there are no uniform technical standards, how to identify the party responsible for several cases of actors, and how to understand the state's responsibility vis, à, vis the increasing number of private space companies. As cases increase both in number and complexity, international arbitration appears to be a suitable tool to overcome the enforcement and adjudicatory gaps existing in the present treaties. Being a neutral and expert, driven forum capable of dealing with multi, party claims, technical evidence, and cross, border contractual disputes, the PCA together with its Optional Rules for Outer Space Disputes, is one of the institutions where such disputes could be settled. In this article, we examine the arbitration potential to act as a Liability Convention supplement agency which would, inter alia, provide certainty, enforceability, and procedural flexibility. Also, the article advocates for the establishment of a global harmonized framework that would integrate treaty obligations with arbitral processes so as to guarantee just and efficient space, related accidents settlement. The reinforcement of arbitration channels is a prerequisite for the construction of a durable and accountable international space liability regime.
