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Jan Frohloff
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.
Keywords
Collisions, Spacecraft, Satellites, Space Debris, Liability, Jurisdiction
Extract
With the recent focus on BEPS and digital taxation, it is expected that we will see a ‘tsunami’ of disputes in the coming decade. In order to counteract this, both the OECD and the EU have introduced new dispute resolution measures through the MLI and the Dispute Resolution Directive respectively. Although the provisions in these instruments may appear to have similar structures at first glance, they vary greatly in terms of scope and procedure. In fact, taxpayers will soon be facing questions as to which procedure to apply and how they relate to each other and interact. Accordingly, this article aims to compare the dispute resolution provisions in both instruments so as to point out similarities, differences and the consequences thereof.
EC Tax Review