Legal regulation of damage definition, which might be caused by space objects with nuclear sources of energy on the board
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2016, Vol 27, Issue
Abstract
Due to scientific-technical progress in XX century happened combining space and nuclear technologies, what resulted in creation space objects with nuclear sources of energy on the board. Great perspectives in future for use of such objects in space missions and the fact that space activity and activity connected with usage of nuclear materials are characterized as a specially dangerous, make the issue of liability for damage, which might be caused by space objects with nuclear sources of energy on the board especially actual, and in particular legal definition of term “damage”, which is subject for compensation. In the international law are formed two separately institutes – institute of international space liability in the framework of international space law and institute of civil liability for nuclear damage in the framework of international nuclear law. For the cases of damage, caused by space objects with nuclear sources of energy on the board, is applied general legal regime of international space liability without considering peculiarities connected with usage on nuclear materials. List of damage is fix in art. I of Convention on International Liability for Damage Caused by Space Objects. It means loss of life, personal injury or other impairment of health; or loss of or damage to property of States or of persons, natural or juridical, or property of interna- tional intergovernmental organizations. This list has exclusive and closed character. If space object will caused consequences, which are not determined in this list, responsibility will not occur. That is why international regime of damage compensation caused by space objects is not covering, for example, compensation of damage caused to environment. Definition of term “nuclear damage” in international nuclear law has a long history. In article is analyzed transformation of this definition in Vienna convention on civil liability for nuclear damage, since Ukraine joined to it. In Vienna convention in redaction of 1963 damage, for which is established liability and compensation, is directly connected with damage caused for physical persons and their prop- erty. For other kinds of damage Convention can apply only in case when it is foreseen by law of competent court and in framework provided by such law. In Protocol to amend Vienna convention (1997) was introduce new definition of nuclear damage, which include three new categories of so called economical damage and such new kind of damage as a cost of measures for reinstatement impaired environmental, unless such impairment is insignificant, and the cost of preventive measures, and further loss or damage caused by such measures. Thereby, in international nuclear law was achieved significant progress in definition of nuclear damage. We think that definition of term “damage” in Convention on International Liability for Damage Caused by Space Objects should be extended in accordance with last legal achievements in this area.
Authors and Affiliations
Oksana Kyshko-Yerli
Keywords
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