Open Access Research Article
LIABILITY FOR PRIVATE SPACE ACTIVITIES: Analyzing The Trends In Shifting Of Liability From The States To Private Space Actors (BIPRO PRATIM DAS)
Published Paper
Article Details
The private space activities have gradually boosted up the international market from different States thereby conducting space activities like remote sensing, satellite navigation, space research and even for space tourism is indeed going to grow many folds in the recent future. The national space legislations have come up in different countries but interestingly there are stringent regulations on their activities also entailing unlimited liability. The States through its domestic laws must ensure that private entrepreneurs get the opportunity to place their views with the Government so that their liability may be limited to a certain extent to bring about a clarity on that. The problems like unlimited liability on the part of private operators is indeed a scaring element for the investors. The States through its national framework should share the burden of damage with the private operators if the claim exceeds a certain limit. If the State wants to limit its liability then it may also provide for a cap of its own liability while sharing the burden.
There may be a two-fold argument of totally placing the burden on either the private enterprise or the State. If the burden has to be totally on the State then it is practically not just and fair to make the State shoulder the entire liability at the cost of the taxpayers’ money. Therefore it is unfair to make the State shoulder the burden when the private players are to only reap the profits without any liability. This form of State regime will give clean hands to the private entrepreneurs to do whatever without taking appropriate measures to eliminate the risks. This form of total liability is not desirable at all as the private players cannot be allowed to reap profits at the cost of the State’s expenditure. On the other hand making the private entrepreneurs fully liable will scare them away from participating in the private space activities. If the State does not provide for a limit of the liability for the private activities then this might not incentivize them to invest in the space industry.
Thus a proper national legal framework for private participation gives an impetus to the private industry for them to render services with a limit on their liability.
Article Information
LIABILITY FOR PRIVATE SPACE ACTIVITIES: Analyzing The Trends In Shifting Of Liability From The States To Private Space Actors (BIPRO PRATIM DAS)
Author Name: - BIPRO PRATIM DAS
Title: LIABILITY FOR PRIVATE SPACE ACTIVITIES: Analyzing The Trends In Shifting Of Liability From The States To Private Space Actors
Email Id: bipropratimadv68@gmail.com
- Journal IJLRA
- ISSN 2582-6433
- Published 2022/04/25
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International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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