Ralph Dinsley, Northern Space and Security Ltd/Reflecting Space; Christopher Newman, Northumbria University
Keywords: Space Law, Data, Space Traffic Management, Litigation, Simulation
Abstract:
Introducing the Space Law Games – Predicting Legal Liability and Fault in Satellite Operations
Ralph Dinz Dinsley, Sqn Ldr (Retd)
Northern Space and Security Limited/Reflecting Space
Professor Christopher J. Newman
Northumbria University/Reflecting Space
1. Introduction
Over recent times there has been a relatively rapid rise in the number of objects placed into Earth orbit. With various countries licensing a number of large constellations, the orbital population is set to increase dramatically. A significant number of technical advances have facilitated this and, in the UK and elsewhere, this has been matched by the updating of legislation and an increased policy focus on the need for increased space surveillance and tracking.
2. The Conundrum of Liability
One area that has not seen this accelerated growth, however, has been in respect of the legal contours of liability and the way in which satellite operators can prepare for litigation. Under the Outer Space Treaty 1967, it is a launching state (not a private company) that is liable for any damage caused by a space object. Under the Liability Convention 1972, this is broken down into two components. In respect of liability for any damage caused by a space object to any person or property on Earth, or an aircraft in flight, the launching state will be absolute, and courts will not look at responsibility.
More significantly, for damage caused by a space object anywhere other than the surface of the Earth, damages are apportioned on the basis of fault. The rise of large constellations coupled with an increasing number of experimental techniques such as active debris removal or on-orbit servicing procedures means that establishing fault will be crucial if litigation is to be successful. In doing this, any legal proceedings will look at both norms of behavior, deviation from which will point towards fault and the types and standard of evidence that will be required.
3. Introducing the Space Law Games
This paper will not only outline these problems in detail but will propose that what is required to map out the contours of liability are both codification of the norms for satellite operations and clarity on protocols for evidence gathering in cases where fault may be contested in orbital operations. This discussion will identify that a way in which this could be achieved is by the use of space law games.
The space law games are a journey, divided into multiple stages, created to highlight the requirements of judicial quality data that will be needed to support future litigation. Taking the form of both operational orbital scenarios and court room simulations, similar to military war games, the fictional scenarios could highlight some of the key legal issues that might need to be dealt with.
Considering the significant differences experienced at key orbital regimes there will need to be multiple scenarios covering significant future operational space aspirations. Understanding the implications of both active debris removal and on-orbit servicing will support the foundations of the space law games.
4. Lesson Learnt
From these games we aim to learn two things. First, how could the event have been avoided and what are the roles and responsibilities in avoiding such outcomes. Second, when, and not if, we begin to proceed to legal litigation on space accidents, what evidence is required in order to properly assign fault. What are the complexities of entering that evidence into the proceedings? And, finally what comes after? Unlike terrestrial accidents where the remnants can be swept up, there is an ongoing risk to other spacecraft and operators. What are the responsibilities to all parties from this continued existence of risk?
5. Conclusion
The paper will outline some of the ways in which the law games might work and pose questions as to what data and other considerations will be needed to make such simulations both positive and meaningful.
Date of Conference: September 17-20, 2019
Track: Space Situational Awareness