ABSTRACT

This chapter discusses a number of remaining treaties and issues that—although not necessarily of lesser importance—involve matters of less general application. It illustrates the ways in which different space agreements may interact in the context of a real-world fact situation. The capability to make useful observations of all parts of the earth's land surface from orbit, using a US-developed and operated satellite system, has provided a foreign policy opportunity for the United States. The Liability Convention sets out a legal regime to provide compensation for damage caused in outer space by space objects. The terms of the Liability Convention place restrictions on who may seek compensation for damage caused in outer space by orbital debris. Although the fault rationale may well be justified in the event of collisions between two active, and therefore controlled, satellites, its application seems unreasonable where damage in outer space is caused by orbital debris.