THE “LIABILITY CONVENTION” IN A CLASH WITH PRACTICE – EXAMPLE OF THE “KOSMOS 954” SATELLITE

Abstract

The article examines the settlement of international claims and disputes arising from faulty nuclear-powered satellites which fall on another state’s territory. The author analyzes diplomatic relations between the USSR and Canada and the content and legal settlement of the international dispute resulting from the Soviet Cosmos-954 satellite disintegrating on Canadian territory. The author concludes that the 1971 Convention on International Liability for Damage Caused by Space Objects was adopted within the appropriate time- frame, and that it forms a reliable foundation for the settlement of conflicts between the States in this area. However, the 1981 bilateral agreement “Settlement of the Claim between Canada and the Union of Soviet Socialist Republics for Damage Caused by “Cosmos 954”” showed that it has never been utilized. This contravenes the international treaty regulating international liability for damage caused by space objects. Therefore, the biggest question of all materializes here: did the international community need space law? Even though it is the newest branch of public international law, it is almost 60 years old. This period of time (more than half a century) has only seen it in academic discussions on how states should abide by it. The lack of relevant case law is a good and bad thing at the same time. Bad – because we still do not know how international courts and tribunals will apply norms of space law. Good – because up until now we have not experienced an international conflict that states have not been able to solve by diplomatic measures.