State Accountability for Space Debris: A Legal Study of Responsibility for Polluting the Space Environment and Liability for Damage Caused by Space Debris

Air and Space Law

State Accountability for Space Debris: A Legal Study of Responsibility for Polluting the Space Environment and Liability for Damage Caused by Space Debris

By Peter Stubbe
Brill Nijhoff December 2017

Specifications

ISBN-13
9789004314078
Publisher
Brill Nijhoff
Publication
December 2017
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

In State Accountability for Space Debris Peter Stubbe examines the legal consequences of space debris pollution which, he argues, is a global environmental concern.

The study finds that the customary ‘no harm’ rule and Article IX of the Outer Space Treaty obligate States to prevent the generation of debris and that the international community as a whole has a legitimate interest in their compliance. A breach of these obligations entails the responsibility of a State and compensation must be provided for damage caused by space debris.

The author treats responsibility and liability separately and thoroughly scrutinizes both legal regimes with the help of common analytical elements. Finally, Peter Stubbe argues that a comprehensive traffic management system is required so as to ensure the safe and sustainable use of outer space.

Table of Contents

List of Abbreviations
Introduction
A. Environmental Degradation and Accountability
B. Research Question and Research Approach

Chapter One: The Space Debris Environment
A. Introduction
B. The Pollution of Outer Space with Space Debris
C. Space Debris as a Threat to the Utilization of Outer Space
D. Preliminary Conclusion

Chapter Two: The Applicable Accountability Law: Responsibility and Liability Distinguished
A. Introduction
B. State Responsibility
C. State Liability
D. Preliminary Conclusion

Chapter Three: Obligations of Space Debris Mitigation
A. Introduction
B. Conventional Law
C. Customary Law
D. General Principles of International Law
E. Other Sources – Measures of Space Debris Mitigation
F. Preliminary Conclusion

Chapter Four: The Elements of State Responsibility and Space Debris
A. Introduction
B. The Objective Element: the Breach of an International Legal Obligation
C. Subjective Element: Responsible State
D. Responsibility Involving More than One State
E. Preclusion of Accountability: Circumstances Precluding Wrongfulness
F. Consequences
G. Invocation
H. Implementation and Enforcement

Chapter Five: The Elements of State Liability and Space Debris
A. Introduction
B. The Objective Element: Causation of Damage by a Space Object
C. The Subjective Element: Launching State
D. Liability Involving More than One State
E. Preclusion of Accountability: Exoneration from Liability
F. Consequences
G. Invocation
H. Implementation and Enforcement
Chapter Six: Study Results and Perspectives on Further Regulation
A. Results
B.Perspectives of Implementation

Conclusion
Annex: Convention on Space Sustainability
Bibliography

A. Scientific Literature
B. Other Articles, Studies/Reports and Internet Sources
C. Treaties, Resolutions of the UN General Assembly, Documents and Judicature

Index.
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