Studies Of The Cross-Waivers Of Liability In Outer Space Law

This thesis as a whole has four chapters. The first chapter mainly introduces the definition, legal character, subjects, constitutive elements and forms of the compensation liability arising out of the protected space operations. Actually, it is a specific form of the compensation liability for damages arising out of the space activities which are not prohibited by the International Law, and also a legal strict liability, which should be bore by the subjects of Outer Space Law, for the damages its partner states or partner international organizations sustain arising out of some protected space activities carried out in an internationally cooperative way; Under the present five outer space treaties, only partner states and partner inter-governmental international organizations can be the bearers of the compensation liability arising out of the protected space operations; As a strict liability, the constitutive elements of this liability only include the protected space operations, damages and causal relationship between the operations and damages. Now space activities have been commercialized,so the forms of the liability shall include compensation for damages,return of property, restoration of original condition.The second one mainly analyzes the content, legal basis, origin, application and the positive effect of the mechanism of cross-waivers of liability. The cross-waivers of liability is namely to waive some of the partner state’s and the partner inter-governmental international organization’s compensation liability arising out of the protected space operations as agreed prior to the damage. It is lawfully reasonable to create this liability sharing system in a multilateral agreement. Obviously, It in fact comes from a legal mechanism of “No fault, no subrogation” cross-waivers of liability,pursuant to which the cooperative partners agreed to waive all claims against any of the entities or persons in the Launch Service Agreement of NASA in the late 1970 s.The flexible ways in which it is operated can allow the partners to choose the non-judicial channels or legal approaches to use it. Besides, this regime can havepositive influence on not only the participants and operation of the space station, but also the implementation of other space projects.Chapter three primarily talks about whether if it is possible to incorporate the regime of cross-waivers of liability into the present Outer Space Law which has general legal effect. Now the international situation we are in is different from that before and the space activities have been commercialized. So it is suggested that this regime shall be put into the Liability Convention as an additional protocol or the intentional practice of it can develop it to be a customary international law, all of which will impose a far-reaching impact on the further development of the space commercialization and the following legislative activities of the Outer Space Law in the near future。Finally, the importance of the regime for the operation of China’s Tiangong space station will be discussed. It is advisable for China to invite some other space-faring countries to join in the joint operation of Tiangong space station, and the regime of cross-waivers of liability will be very helpful for the arrangement of the liability regime of Tiangong space station.