AN ANALYSIS TO DETERMINE FAULT UNDER THE LIABILITY CONVENTION 1972

Abstract

With the development in space forum, the determination of various aspects has been quite essential. Damages and injuries caused in the Outer Space has become one of the major problems. The Liability Convention of 1972 deals with the determination of liability in the outer space. The paper will assess the scope of fault liability under Article III of Liability Convention 1972 in terms of determining and interpreting it under fault liability and risk liability for collision with space debris. 

The Convention, among other things, calls for evidence of state "fault" before responsibility may be incurred, but it defines ambiguously and does not prescribe a standard of care for those engaging in extraterrestrial operations. The extent of ‘fault’ under this convention and the interpretation of it in the international customary laws is the subject matter of this paper. It also discusses the scope of state’s responsibility and state’s liability for a collision in the outer space. 

It is contended that the criteria for determining liability under Article III of the Liability Convention, 1972 does not take International customary laws with respect to state responsibility. 

The Convention recognizes a need for revised international provisions that are solely based on the fault regime and development of provisions farther from soft laws. The liability Convention of 1972 also fails to examine various other aspects of space accidents and incidents.