Critical Review of International Governance

• Dennerley, Joel A 1

Abstract

When damage is caused by a space object in outer space, typically through a collision with another space object, international space law’s Liability Convention provides a mechanism for compensation for the injured state. Among other requirements, the Convention requires proof of state ‘fault’ in order for liability to arise, but it does not define this notoriously ambiguous term, nor does it establish a standard of care for those conducting outer space activities. The Convention is unique in international law being the only fault-based liability regime. This article argues that this gap in the Convention needs to be filled, and it proposes a solution to the problem of defining ‘fault’ by borrowing from general international law.

• 1ANU College of Law, Australian National University, Canberra, Australia