Author(s)

Peng Xinyu ¹

Affiliation(s)

¹ Wuhan University China Institute of Boundary and Ocean Studies, Wuhan, Hubei, china

Corresponding Author

Peng Xinyu

ABSTRACT

The commercialization of outer space is an inevitable choice for the development of science and technology and the law of the market. At the same time, the protection of the outer space environment should be taken into account. After sorting out the international treaties related to commercial satellite activities and the environmental protection of outer space, it is found that the existing regulations lack the commercial activities of outer space and the environmental protection of outer space. According to the analysis of the collision case of "Iridium 33" and "Space 2251" and the fall case of "cosmic 954", it is found that the existing regulations are difficult to keep up with the commercial development of outer space and provide environmental damage relief, and the international responsibility of environmental damage of commercial satellites should be built on the basis of the existing outer space regulation. Through analysis, it is found that the environmental damage liability of commercial satellite space should be a transboundary damage liability. In principle, fault should not be taken as the constituent element, etc. The private subject needs to be included in the category of liability subject and international institutions should be established as the compensation subject to better protect the outer space environment.

KEYWORDS

Commercial satellite, environmental damage, outer space, international responsibility

CITE THIS PAPER

Peng Xinyu, Research on the liability regime for damage to the space environment by commercial satellites. Science of Law Journal (2024) Vol. 3: 73-79. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030112.

REFERENCES

[1] Nine principles: The exploration and use of outer space should be for the welfare of all countries, explore freedom, not for oneself, use peace for the purpose of weapons of mass destruction in outer space, state responsibility, state damage liability, avoidance of pollution, and treat astronauts as the principle of human envoys.
[2] Article 6 of the Outer Space Treaty.
[3] Article 7 of the Outer Space Treaty.
[4] Article 1 of the Liability Convention.
[5] Peter P. C. Haanappel, Some Observations on the Crash of Cosmos 954, Journal of Space Law, 1978, vol. 6.
[6] Alexander F. Cohen, Cosmos 954 and the International Law of Satellite Accidents, Yale Journal of International Law, vol.10, 1984.
[7] Dai Yuan: On the Legal Regulation of Cross-boundary Damage Liability in Outer Space Activities, International Space, no. 1, 2022.
[8] Bo Shou Province: On private individuals should also be the subject of liability for damages to Outer space Objects, Journal of Beijing University of Aeronautics and Astronautics (Social Science Edition), 2007.
[9] Li Shouping, On the International Responsibility of Space and Environmental Damage, Modern Law, no. 1, 2007.

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