Air and Space Law
Volume 45, Issue 3 (2020) pp. 341 – 358

https://doi.org/10.54648/aila2020042

Abstract

With increased traffic in the orbits around Earth comes an increase in the probability that two operational spacecraft will collide or that one will be hit by junk such as decommissioned satellites, rocket stages or their fragments. If a satellite suffers damage from a collision or has to be declared a complete loss, the affected commercial spacecraft operator will try to recover its losses. But from whom? The Outer Space Treaty and the Liability Convention were not drafted for the commercial space era and will help the commercial operator only little, if at all. This article examines the claims a commercial spacecraft operator can pursue, including the possible fora in which these claims can be brought.

Extract

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