Which legal regime for space transportation

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1. Which legal regime for space transportation with regard to passengers? by Prof. Dr. Stephan Hobe LL.M. Director of the Institute of Air and Space Law University of Cologne, Germany 1

2. Suborbital Vehicles: space objects or aircrafts? Institute of Air and Space Law University of Cologne Prof. Dr. Stephan Hobe 2

3. Liability in Airspace Contractual Liability Warsaw Convention 1929 System for the initial international air transport 152 Party States Montreal Convention 1999 Two-tier-liability system 107 State Party Third Party Liability Rome Convention 1952 General Risk Convention (2009-not in force) Unlawful Interference Convention (2009-not in force) Institute of Air and Space Law University of Cologne Prof. Dr. Stephan Hobe 3

4. Space Liability Outer Space Treaty 1967 Third Party State Liability Convention 1972 Liability Passengers liability?? No regulation!! Institute of Air and Space Law University of Cologne Prof. Dr. Stephan Hobe 4

5. Suborbital Vehicles: which liability regime does apply? Special rules or general rules-tortuos and contractual liability-? Under special rules: space or air law? Institute of Air and Space Law University of Cologne Prof. Dr. Stephan Hobe 5

6. Suborbital Vehicles: which liability regime does apply? Suborbital vehicles: Cross airspace, exit atmosphere, altitude 100-120 Km Combine (most of them) technical specifications of aircraft and space objects Institute of Air and Space Law University of Cologne Prof. Dr. Stephan Hobe 6

7. Suborbital Vehicles: which liability regime does apply? Suborbital vehicles: Differente theories Spatial theory Functional theory Technical theory None gives a satisfactory solution Institute of Air and Space Law University of Cologne Prof. Dr. Stephan Hobe 7

8. Suborbital Vehicles: which liability regime does apply? Contractual Liability ..damage caused by aircraft in flight Rome Convention 1952 damage to third parties caused by aircraft in flight damage to third parties caused by aircraft in flight Damage on board an aircraft or in the course of the operations of embarking or disembarking international carriage performed by aircraft UIC 09 GRC 09 Reg. 2027/97 MC 99 Institute of Air and Space Law University of Cologne Prof. Dr. Stephan Hobe 8

9. Suborbital Vehicles: which liability regime does apply? De lege data no possible general application of wether air not space law liability regulations. Need of special rules? Would the Space/Air law liability regulations appropiate? Institute of Air and Space Law University of Cologne Prof. Dr. Stephan Hobe 9

10. Liability of the Operator: Contract (US law) Passengers Waiver of liability Space activities ultra-hazardous Expense and risk of passenger Why so? Let s compare air and space Law at this point Institute of Air and Space Law University of Cologne Prof. Dr. Stephan Hobe 10

11. Air Law Liability Sytem Contractual Liability Fault Based Liability WC 29 Low liability risk on the air carrier (protection of the air carriers) Low limit of damage Two-tier- system: strict+fault based liability MC 99 Increase of air carrier s risk Limited liability for the air carrier Institute of Air and Space Law University of Cologne Prof. Dr. Stephan Hobe 11

12. Space Law Liability Sytem Launching State s unlimited liability High liability risk for the State OST 67 LC 72 Space activities only by States None (?) for the space transporter - so far Third Party liability Institute of Air and Space Law University of Cologne Prof. Dr. Stephan Hobe 12

13. Space law liability system: future needs If intervention of private transporters Risk s assesment required Insurance market will develop Need for certainty of diligence MC 99 appropiate system Institute of Air and Space Law University of Cologne Prof. Dr. Stephan Hobe 13

14. Necessity of liability system for suborbital flights Not only States as space actors Use of elements of aviation liability+insurance system Institute of Air and Space Law University of Cologne Prof. Dr. Stephan Hobe 14