KC Category – Responsibility in the Law of Outer Space

Responsibility in Space Law

List of contributors

Laetitia Cesari

Stephan Hobe

Sa’id Mosteshar

INTRODUCTION

by Laetitia Cesari

State responsibility is a key part of international space law. Under Article VI of the Outer Space Treaty, it means that countries not only oversee their space activities but are also required to authorise and keep track of them. This applies to all kinds of space actors, whether government agencies, private entities, and international organisations. If the conduct of these national activities breaches international rules, the States involved can be held responsible. Therefore, States must issue authorisations, often with technical, financial, or administrative conditions attached, to help them supervise the conduct of activities in outer space. These authorisations are usually linked to registering any objects sent into space, which gives the country legal authority and responsibility over those assets once they are launched to outer space.

by Stephan Hobe

Responsibility is a notion of general international law and of space law. States and governmental international organizations are under the obligation to obey the rules of public international law. That means inter alia to honor the obligation entered into under a bilateral or multilateral treaty or not to harm other parties. In case of a breach of this primary obligation the obligation changes into so-called secondary obligations as contained in the “Principles on State Responsibility” (Draft of the ILC, see Annex to UNGA Res. 56/83 of the ÚNGA of 12 December 2001) adopted by the International Law Commission and accepted by the General Assembly of the United Nations.

The United Nations have also adopted “Rules on the Responsibility of International Organisations”. In the area of secondary obligations some kind of reparation of the damage of having violated primary rules of international law are owed. They can be owed in the form of natural of immaterial compensation, e.g. in the form of an apology or in the form of the payment of damages. Under Article VI of the Outer Space Treaty of 1967 States are responsible for that private persons acting on their behalf do fulfill the obligation to authorize and supervise private space activities.

by Sa’id Mosteshar

The concept of State responsibility runs throughout public international law. Space law makes the State responsible for compliance with the provisions of the OST. Breach of this obligation as any other in public international law invokes State responsibility for which the State must make reparation for prejudicial consequences caused to others. An important feature of responsibility for activities in outer space not normally present in public international law is the assimilation of actions by private persons to the State. The extent and cope of responsibility under the OST need careful analysis of the wording and context.

These include the meaning of national activities and international responsibility and the nature and level of supervision required. State parties to the Outer Space Treaty 1967 (“OST”) have international responsibility for national activities in outer space. This invokes three separate obligations to:

Ensure that national activities conform to the requirements of the OST;
Authorise and continually supervise non-governmental activities; and
Bear international responsibility for activities in outer space.

For the State to bear responsibility it follows that national activities must be those conducted by State agencies or persons subject to the State’s jurisdiction. Although national laws differ and may create varying obligations, the State has international responsibility, confining the obligation to compliance with international law, breach of which would incur State responsibility. Acts of non-governmental entities are attributed to the State.

THE PROJECT

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The views and opinions expressed in each contribution are those of the respective authors and do not necessarily reflect the official position of the IISL.