Space Liability

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Prof. Dr. Dr. h.c. Stephan Hobe

on Space Liability

Liability is the consequence of an unlawful act of a subject of international law.

In space law Article VII of the Outer Space Treaty and the Liability Convention make the launching State ´, e.g. the state that launches, procures the launch or from whose territory or facility a launch is made, liable for damage that has occurred either to another spacecraft or to people on Earth respectively to aircraft in flight. There is always state liability which is in principle unlimited. Victims must channel their claim via their home state to the launching state. In case of more than one launching state the victim can choose whom to sue. In case the parties cannot agree or as on reason or amount of damage they can call upon a claims commission composed of three personalities, one determined by claimant, one by respondent and the third appointed unanimously by both parties.


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