Proceedings of the Workshop - United Nations Office for Outer ...

Both the Australian and the Russian legislation, for example, provide that the privateoperators are liable to the governments as well as domestic victims for damage resulting fromtheir space activities. 114 The Russian legislation provides a guarantee on the part of the RussianGovernment for compensation for direct damage resulting from space activities and causeimposes liability on the private operators either absolutely, in the case of damage caused on thesurface of the Earth, or to the extent of fault in the case of damage caused in outer space. 115 InAustralia, the Space Activities Act 1998 (Cth) states that the “responsible party” is liable for thelaunch and/or return of a space object to pay compensation for any damage caused on Earth or toaircraft in flight and also in outer space to the extent that the damage was the result of the fault ofthe responsible party. 1161.3. United KingdomUnlike the laws of Australia and Russia, which utilise the language and context ofArticles II and III of the Liability Convention in requiring the private operator to indemnify thegovernment for international liability, the United Kingdom had chosen to impose a morecomprehensive indemnity on the private operator. Specifically, the Outer Space Act 1986 (UK)states that:“A person to whom this Act applies shall indemnify Her Majesty’s government inthe United Kingdom against any claim brought against the government in respectof damage or loss arising out of activities carried on by him to which this Actapplies”. 1171.4. SwedenThis is similar to the position taken under the Act on Space Activities 1982 of Sweden,which states that:“If the Swedish State on account of undertakings in international agreements hasbeen liable for damage which has come about as a result of space activitiescarried on by persons other than the Swedish State, the persons who have carriedon the space activity shall reimburse the State what has been disbursed onaccount of the above-mentioned undertakings, unless special reasons tell againstthis”. 1181.5. Norway and the United StatesThe laws of Norway and the United States do not specifically require the private operatorto indemnify the government for claims for damage under international law. The Act onLaunching Objects from Norwegian Territory into Outer Space 1969 of Norway does no morethan to provide for the authorisation and continuing supervision of private activities in accordancewith the requirements of Article VI of the Outer Space Treaty. The Commercial Space Launch114 Michael Gerhard and Kai-Uwe Schrogl, REPORT OF THE PROJECT 2001 WORKING GROUP ON NATIONALSPACE LEGISLATION: NEED AND PROSPECTS FOR NATIONAL SPACE LEGISLATION (2001), at p. 18.115 Law of the Russian Federation on Space Activities, Article 30. It should be noted that the guaranteedcompensation payable by the Russian Government is limited only to direct damages, reflecting the formerSoviet view that indirect damages are not payable under the Liability Convention.116 Space Activities Act 1998 (Cth), Sections 67-68.117 Outer Space Act 1986 (UK), Section 10(1).118 Act on Space Activities 1982 (Sweden), Section 6.