Liability Regime of International Space Law: Some Lessons from International Nuclear Law
(주)코리아스칼라
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- 2023.04.03
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서지정보
ㆍ발행기관 : 이준국제법연구원
ㆍ수록지정보 : Journal of East Asia and International Law / 4권 / 2호
ㆍ저자명 : Lalin Kovudhikulrungsri, Duangden Nakseeharach
목차
Liability Regime of International Space Law
Ⅰ. Introduction
Ⅱ. General Principles of Liability under International Law
Ⅲ. Liability Cases
Ⅳ. Liability Conventions
Ⅴ. Liability Systems
Ⅵ. Recommendations
Ⅶ. Conclusion
영어 초록
Since 1960, the international community has established a plenty of multilateral agreements on liability regime for ultra-hazardous activities, particularly in the area of international nuclear and space law. The liability regime of nuclear damage has imposed compensation exclusively on operators of nuclear installations whether private or State under strict liability principle of the international conventions. Moreover, new changes of international nuclear conventions following Chernobyl incident reflect a significant change of liability for nuclear accidents. Although there was similar incident, called Cosmos 954 case, with nuclear activity, international space law has not developed and remained ambiguous in certain respects, while imposing absolute liability on State actors. This paper, thus, studies whether States, alone, should be liable for all damage from space activities caused by private operator, similar to the liability scheme of international nuclear law. Moreover, vague term in international space law, for instance, damage and other relevant concepts such as space safety standard and international space organization have been taken into account by comparative approach with the terms of international nuclear law.
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