Paper Contents
Abstract
Although the 1972 Liability Convention is the cornerstone of international space law, it has flaws that make it ineffective in addressing contemporary issues like militarization, privatization, and the exponential growth of trash. Using case studies (Cosmos 954, Iridium 33Cosmos 2251), this paper assesses the Convention's shortcomings and suggests a hybrid liability model that combines strict state liability with fault-based contributions from culpable actors. It does this by drawing on comparative liability regimes and principles of state responsibility. Debris concerns are contextualized by empirical data from the Secure World Foundation and the European Space Agency (ESA), and treaty reform ideas are informed by a comparison of the liability frameworks for nuclear and aviation. According to the study's findings, fair accountability in the New Space age depends on the Convention being in line with customary international law and the creation of an International Space Liability Tribunal.
Copyright
Copyright © 2025 Sakshi Gupta . This is an open access article distributed under the Creative Commons Attribution License.
