ABSTRACT

The Registration Convention, in conjunction with the Outer Space Treaty, provides for jurisdiction-by-registry for "space objects" in much the same way ships are required to be registered under the international law of the sea. Both the Outer Space Treaty and the Liability Convention focus on damage caused by space objects rather than on damage caused by individuals in space. Plaintiffs would be able to sue for damages on every imperfect space launch, simply by claiming under a gross negligence theory rather than an ordinary negligence theory. One of the most important problems facing efforts to commercialize outer space in the 1980s was uncertainty regarding the patentability of inventions made, used, sold, or reduced to practice in outer space. After considerable effort, this problem has been largely addressed through legislation adding a new section to the patent law devoted to the protection of inventions in outer space.