Principles of liability for damage caused by a space object launched into outer space by the Republic of Poland

Abstract

According to the Convention on International Liability for Space Damage, drawn up in Moscow, London and Washington on 29 March 1972 in the event of damage being caused elsewhere than on the surface of the Earth to a space object by a space object of another launching State, the latter shall be liable only if the damage is due to its fault or the fault of persons for whom it is responsible. Therefore, every state is liable on the basis of the fault for damages which were caused by a space object dispatched from its territory. For this reason, the draft Act on space activities and the National Register of Space Objects of 10 July 2017 allows the State Treasury to raise a recourse claims for damages which were caused by a space object, from the owner of that space object, and if the operator is found to be guilty of causing damages, also from this operator to its full value. Moreover, this draft obliges the owners of space object to have compulsory third part liability insurance. Unfortunately, the last mentioned provision remains extremely laconic, and the compulsory third party liability insurance applicable to space objects will not be subject – per analogiam – to the provisions of the Act on Compulsory Insurance, the Insurance Guarantee Fund and the Polish Motor Insurers’ Bureau of 22 May 2003 as it is the case of motor vehicles.