ABSTRACT
Space activities take place within a framework of international law that includes multilateral and bilateral treaties and customary international law. Under international law access to space is controlled by states, but the commercial use of space is increasing, as is demand for commercial launches. Aside from the liability of Australia itself for damages under international law, damages are recoverable by third parties from the party responsible for an Australian authorised launch provided that the damage occurs during a ‘liability period’. The liability of the responsible party is capped to the ‘maximum probable loss’ discussed if the terms of the relevant permits and licences have been complied with by the responsible party. India and many other countries have not yet adopted general national legislation but issue individual launch permits based directly on the rights of the state under the space treaties and international law.
