The Invention of Space Objects – Who Should Be Responsible when Accidents Happen?

Abstract

Many States participate in space-related activities and are interested to further exploring the Outer Space[1]. They have invented many space objects to be used both on Earth and the Outer Space. However, given the risk attached to sending up satellites, long-distance spacecraft and astronauts into Outer Space, ‘people even increasingly question the point of going into space at all and of spending huge amounts of money when there is so much human deprivation on earth’[2]. Risk concerning spacecrafts includes the Columbia space shuttle disaster in 2003, the Challenger spacecraft disaster in 1986 and the Apollo 1 disaster in 1967. In the Columbia disaster, the space shuttle, Columbia, blew apart as it attempted to re-enter the earth’s atmosphere. Due to the Columbia space shuttle’s multiple explosions, all seven of its astronauts were killed and the debris spread across a several-hundred-mile radius of Texas and Louisiana.  In the Challenger disaster, approximately 73 seconds and 10 miles after take-off, the spacecraft suddenly exploded and all the seven passengers on board were killed[3]. Risk concerning satellites includes the Russian satellite Cosmos 954 which crashed in Northwest Canada in 1978 and contaminated large areas with radioactivity. Due to the damage suffered by the Canadian Government, a claim of Can$6.04 million was submitted against the Russian Government. However, the matter was settled through negotiation, in the amount of Can$3 million[4]. In the Apollo 1 disaster, the spacecraft caught fire on its launch pad and left its three crewmembers dead[5].

In their attempt to explore and exploit what the Outer Space has to offer, States must be held liable for their actions and omissions. Due to this, the Convention on International Liability for Damage Caused by Space Objects 1972 (1972 Liability Convention)[6] has laid down provisions pertaining to State’s liability in regard to damaged caused by space object. In this article, examination of these obligations will be discussed.