ISBN:
9780306484056
Language:
English
Pages:
Online-Ressource
,
v.: digital
Edition:
Online-Ausg. Springer-11648
Edition:
Springer eBook Collection. Humanities, Social Science and Law
Series Statement:
Space Regulations Library Series 1
Series Statement:
Space Regulations Library 1
Parallel Title:
Erscheint auch als
Parallel Title:
Erscheint auch als
Parallel Title:
Erscheint auch als
Keywords:
Law
;
Aeronautics Law and legislation
;
Industrial organization (Economic theory)
;
International Economics
;
Comparative law
;
International law.
;
Private international law.
;
Conflict of laws.
;
Industrial organization.
;
Law of the sea.
;
Aeronautics—Law and legislation.
;
International economic relations.
;
Raumflugkörper
;
Haftung
;
Weltraumrecht
;
USA
;
Frankreich
Abstract:
Aims and Context -- Aims and Context -- The Labyrinth of Daedalus -- The International Legal Framework -- Domestic Launch Legislation and Regulations -- General Rules of Common Law and Civil Law Susceptible of Governing Liability for Launch Activities -- Escaping the Labyrinth -- Issues in Liability Risk Management and Proposals de Lege Ferenda -- Some Concrete Proposals.
Abstract:
Launch activities performed by private entities deal with a complex legal environment. The Space Treaties provide a general liability framework. Launch participants are subject to regulatory or institutional control, and to domestic liability laws. Specific contractual practice has developed due to insurance limitations, the inter-participants' waivers of liability and claims. This book synthesizes information on the norms of play, to allow the grasp of their relative weight and interactions in the assessment of liability risk for launch activities. It reveals a legal framework presently lacking sufficient predictability for an efficient liability risk management: the waivers of liability suffer weaknesses as do all such clauses, and lack uniformity and reliability; and the Space Treaties contain ambiguous terms preventing predictable determination of the States responsible for authorizing and supervising launch activities and for damage compensation, and do not reflect the liability of launch operators. This book offers suggestions of new approaches for: harmonizing waivers of liability to improve their consistency, validity and flow-down; and improving the Space Treaties for their implementation to non-governmental launch activities. In the launch community, the need for lawmaking is less compelling than in fields such as aviation. Nevertheless, adjustments to the present framework are proposed through model clauses and an international instrument, for further thinking and contribution by those sharing the opinion that creative lawmaking is needed now to prepare for tomorrow's endeavors.
DOI:
10.1007/0-306-48405-6
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