우주에서의 불법행위에 관한 현행 우주관련조약 적용상의 문제점

Some Problems Concerning the Application of Current International Space Law Governing Torts Committed in Outer Space

Article VI of The Liability Convention states that no exoneration is available where the damage has resulted from activities conducted by a launching State which are not in conformity with international law, particularly the Outer Space Treaty. Article VI thereof states that if a party to this treaty is not able to identify a space object which has caused damage to it or to any of its natural or juridical persons, or which may be of a hazardous or deleterious nature, other States, particularly those possessing space monitoring equipment, should offer their assistance in identifying the potentially damaging object. Article VIII explicitly states: A State which suffers damage, or whose natural or juridical persons suffer damage, may present to a launching State a claim for compensation for such damage.. Completely redrafting the current space law may seem a bit extreme. Completely redrafting the current space law may seem a bit extreme. The effectiveness of these treaties could be greatly impacted simply by clarifying some key provisions. All three of the treaties we have discussed have a provision that allows for nations who have signed the treaties to propose changes and amendments to the treaties. The Liability Convention offers some relief to this proposition, but many of its provisions are seen as vague and unenforceable. One change that could be beneficial would be to make the decisions of the Claims Commission final and binding rather than the current limitation of only if the parties have so agreed. The Claims Commission should also be subject to clear procedure, which is currently lacking in the Liability Convention. The overall non-obligatory nature of the Claims Convention should also be changed in order to give the Convention validity and force within the international community. The lack of enforceability has been attributed to the fact that the United Nations is a political organization focused on promoting international harmony rather than a judicial body focused on resolving disputes. The Claims Commission is not the only part of current space laws that should be changed. As a principle of legal security, the execution of sentence, award, or decision should be ensured. Parties will likely be hesitant to bring a claim if the damages they receive are questionable, and the methods of receiving those damages are unclear. This is not to say that the current system does not provide for damages, but that the certainty of those damages and the method of receiving them is not elaborate enough. Additionally, the applicable law that will be used in the settlement of any disputes should be clearly determined, so the parties to the treaty can abide by this law. In conclusion, our current treaties offer a broad framework of liability when it comes to space issues. Should a collision in space cause serious damage, the methods and likelihood of recovering damages are uncertain. As technology continues to advance, this uncertainty will only increase. If our current treaties are not completely overhauled, clarification as to who may bring claims, the ability of nongovernmental parties to bring claims, the procedures of the Claims Convention, and the enforcement of damages must be addressed in order to ensure that responsible parties are indeed held liable.