LIABILITY RELATED TO SPACE TOURISM ACTIVITIES. WHAT IS SPACE TOURISM - Orbital v . Sub - Orbital WHICH LAW APPLIES: AIR LAW OR SPACE LAW - 5 Approaches THE LIABILITY CONVENTION - State Liability and Damages NATIONAL SPACE LEGISLATION - A Model PRIVATE CLAIMS UNDER NATIONAL LAW
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WHAT IS SPACE TOURISM - Orbital v.Sub-Orbital
WHICH LAW APPLIES: AIR LAW OR SPACE LAW - 5 Approaches
THE LIABILITY CONVENTION - State Liability and Damages
NATIONAL SPACE LEGISLATION - A Model
PRIVATE CLAIMS UNDER NATIONAL LAW
ORBITAL SPACE TOURISM
SUB-ORBITAL SPACE TOURISM
1. Spacialist Approach- determine a fixed boundary between air and space
2. Functional Activities Approach –nature or purpose of the activity.
3. Function Status of the Vehicle Approach
4. Staggered demarcation - synthesizes the other theories
5. No Demarcation Needed
A. State Liability
States bear international responsibility for their activities in outer space
Who has to pay?
B. Damages Covered Under the Liability Convention's Regime
Only third party liability caused by the space object
Absolute liability motivates nations to limit their liability. How?
may effectively nullify the "informed" nature of the consent
a. On the ground – Argument for Strict Liability
b. In the air – Strict Liability v. Negligence
c. In outer space