Research On The State Responsibility System Applied To International Commercial Launch

Developing from 1960's, international commercial launch has great effect in both international and national level. From the perspective of its development trend, the participants and market shares distribution will dramatically change. The dissertation makes deep research into international commercial launch in the respect of state liability, and this conducts from two levels: one as the outer space laws, which will proceed on the base of regulations relating to state liability in the five outer space conventions, the other as the domestic regulations concerning the liability for damage.The first chapter of this dissertation discusses the concept of international commercial launch and the starting and ending time of launch service, as well as its characters, which are also the reasons why the international commercial launch need special regulation by outer space law. As concluded from the historical and future development, it is of high necessity to analyze relevant problems deeply. The analysis will be conducted from two tiers. This part firstly analyzes the specific content of state liability within the construction of outer space law. It should be noted that there are two concepts: responsibility and liability, and the meaning of this classification will further be discussed in the combination of the regulation of conventions. Secondly, the author finds extension of the connotation of state liability. As the extending connotation of state liability, the implementation through domestic legislation is also important regulation imposed on space commercial launch activities. After a brief introduction on the foundation of state liability, the author then illustrates the value of the liability risk-sharing legal regime.The second chapter approaches the applicable state liability system within the field of international commercial launch from three aspects. First and foremost, the identifying of launching state, namely, the subject of liability. In accordance with 1972"Convention on International Liability for Damage Caused by Space Objects"(hereinafter referred to as"Liability Convention"), a launching State shall be absolutely liable to pay compensation for damage caused by its space object on the surface of the Earth or to aircraft flight. And the launching stare is the only subject to bear the liability. According to the definition of"launching state"stipulated in the Liability Convention, there are many launching states may exist during the launch, including but not limited to, the state of nationality of launching service providers; the state where the launch facilities locate; the states of nationality of the loads'owners and the loads'operators. There is also much theoretical controversy about the definition of"procures the launching", meanwhile, complicated circumstances exist when defining"launching state"in practice. Whether the flag of convenience country account launching state? If the ownership of launch facilities belongs to private entities, their nationality states can account launching state or not. In one word, the identification of launching state is still facing many problems due to the vague terms in the outer space convention and the development of international commercial launching service.Put aside the special time background when initiated, it is with positive value in the convention to set state as the subject of liability. Even nowadays with more frequent participation by private entities in international commercial launch, it is also recommendable. This part explains the rationality of this practice from macroscopic perspective, in the combination to domestic legislation. But it will also result in unfair situations towards certain launch state in many cases. Given the regulation of 1976"Convention on Registration of Objects Launched into Outer Space"(hereinafter referred to as"Registration Convention"), setting launching state as subject of liability will cause great contradiction. As to how to settle the connection problem of"Registration Convention"and"Liability Convention", the dissertation deals with this issue in this part.Secondly, the course of proof won't be very smooth during claim due to the vague and absent of certain terms in outer space laws. For example, whether space debris falls within the scope of space subject; the delimitation of outer space; the extent to which damage can cover, and so on. The dispute settlement mechanism created by"Liability Convention"has both flexibility and one-sidedness, but it's hard to establish special dispute settlement organ in the near future.Last but not least, the agreement on liability distribution in international commercial launch service by nations was explored, together with its nature and legal ground.The third chapter concentrates on the implementation and improvement of state liability system applied to international commercial launch. This part also studies the attitude of United Nations Committee on the Peaceful Uses of Outer Space towards the outer space legislation, and predicts the law-making trend in both international and national level. The character and significance of liability risk-sharing legislation will be concluded after the scrutiny of national practice. In the view of the importance of global cooperation to international commercial launch's development, the author puts forward the suggestions on enhancement of international cooperation based on the bilateral and multilateral cooperation practice by space faring nations like U.S.A. and EU.