The Legal Issues Of The Convention On International Liability For Damage Caused By Space Objects Under The Development Of Commercial Space Activities

Outer space has a special legal status,the progress of the exploration and use of outer space related to the common interest of all mankind.Based on its particularity,the legal system of outer space came into being with the beginning of human outer space exploration activities,and rapidly developed into five major treaty systems in a short time.Its remarkable feature lies in the emergence of a responsibility system different from that of general international law departments,the formation of a responsibility distribution chain with the "launching state" as the core subject and the liability for damages as the main content under the Liability Convention,the establishment of an early legal framework for outer space responsibility,and the maintenance of the relative balance of space interests under the hegemony pattern of the United States and the Soviet Union in the last century.As of January 1,2021,98 countries have ratification,acceptance,approval,accession or succession the Convention,and 19 countries have signed,which fully demonstrates the contemporary value of the Convention.The commercialization of outer space activities began in the middle of last century,developed from the end of last century to the beginning of this century,and flourished in the last decade.The emergence of a large number of commercial space companies is the result of the market-oriented of international space activities.They own and launch new space products,change the old mode of outer space cooperation,and greatly impact the order of outer space activities in the last century,especially in terms of responsibilities.Therefore,this thesis focuses on exploring the application dilemmas of Liability Convention.Taking the commercialization of outer space activities as the background and the new international space environment as the perspective,and analyzes the new problems of space activity damage liability caused by commercialization.First,with the rise of private space forces,space activities with the state as the main body have turned into space activities with multiple bodies coexisting.The mechanism of identifying responsible bodies with the "launching country" as the core has exposed many backwardness,which is not suitable for the diversity of the identification of launching countries in the market-oriented behavior of commercial companies.Commercial space companies have developed from providing products to providing services,so that some spacecraft and their affiliated projects are directly owned and controlled by private individuals,which is separated from the framework of the state responsibility system established by the outer space treaty law system,causing many problems of subject identification.Secondly,under the mechanism of double liability principle of Liability Convention,under the direct influence of diversified new space activities of commercial companies,there is a new situation in determining which kind of responsibility the subject bears,that is,the attribution of responsibility.The rise of soft law rules has promoted the active principle of fault liability.Although the difference between legal effect and legal binding force restricts the process of using soft law to promote the wide application of fault liability principle in outer space,the responsibility attribution scheme in the era of soft law in outer space is still expected to be reshaped.Third,in the links involving the above-mentioned responsibility allocation and implementation,due to the deep participation of private entities and the interest disputes among spacefaring countries,the dispute over whether the legal method of dispute settlement based on arbitration is effective or not.The arbitration clause of outer space disputes is the product of the reflection of the international community on the practical problems of outer space responsibility.However,in the ten years after its birth,no party has invoked this clause to request arbitration of outer space disputes.This is not only a reflection of the flexibility of the rule of law in outer space in the post-soft law era,but also a typical manifestation of the difficulty in implementing the legal responsibility system in outer space.From the horizontal dimension of international law,these issues are within the cross-cutting scope of international law,outer space law,state responsibility,etc.,involving not only international liability for damages,but also the subject of international law,which is a problem within the scope of international law;From the vertical dimension of responsibility-bearing,the links of identification,attribution and implementation of these limited relationship responsibilities are legal responsibility problems with internal logical connection.In view of these new problems and situations brought about by commercial space activities,the international community should take part in the soft-legalization construction of the rule of law in outer space with a more active and inclusive attitude.The role of the state in space activities must be strengthened at the level of international law by clarifying the core concept of "launching state" in the convention,and the disputes on compensation for damages caused by the innovative application of the convention can be coordinated by the special arbitration clause and arbitration institution in outer space.As far as China is concerned,the commercial space market has unlimited potential,and it is an important power point from a space power to a space power at present.More attention should be paid to the risk of national responsibility brought by space privatization.Facing the international community,China has been adhering to the concept of "Community of Shared Future for Mankind in outer space" and has continuously contributed Chinese wisdom to the soft construction of outer space.Based on the space power,China has always taken the principles of international law and space law as the legal bottom line of outer space activities,and carried forward the Chinese space spirit of not being afraid of challenges and win-win cooperation in the journey to become a space power.