Which legal regime for space transportation with regard to passengers? by Prof. Dr. Stephan Hobe LL.M. Director of the Institute of Air and Space Law University of Cologne, Germany 1

 Suborbital Vehicles: space objects or aircrafts? Institute of Air and Space Law University of Cologne 2 Prof. Dr. Stephan Hobe

 Liability in Airspace  Contractual Liability  Warsaw Convention 1929  System for the initial international air transport  152 Party States  Montreal Convention 1999  Two-tier-liability system  107 State Party  Third Party Liability  Rome Convention 1952  General Risk Convention (2009-not in force)  Unlawful Interference Convention (2009-not in force) Institute of Air and Space Law University of Cologne 3 Prof. Dr. Stephan Hobe

 Space Liability  Outer Space Treaty 1967 Third Party State  Liability Convention 1972 Liability  Passengers liability?? No regulation!! 4 Institute of Air and Space Law University of Cologne Prof. Dr. Stephan Hobe

 Suborbital Vehicles: which liability regime does apply?  Special rules or general rules-tortuos and contractual liability-?  Under special rules: space or air law? 5 Institute of Air and Space Law University of Cologne Prof. Dr. Stephan Hobe

Suborbital Vehicles: which liability regime does apply?  Suborbital vehicles:  Cross airspace, exit atmosphere, altitude Km  Combine (most of them) technical specifications of aircraft and space objects 6 Institute of Air and Space Law University of Cologne Prof. Dr. Stephan Hobe

Suborbital Vehicles: which liability regime does apply?  Suborbital vehicles:  Differente theories None gives a satisfactory  Spatial theory solution  Functional theory  Technical theory 7 Institute of Air and Space Law University of Cologne Prof. Dr. Stephan Hobe

Contractual Liability Suborbital Vehicles: which liability regime does apply? Rome Convention 1952 ..damage caused by aircraft in flight… UIC 09  damage to third parties…caused by aircraft in flight GRC 09  damage to third parties…caused by aircraft in flight Reg. 2027/97  Damage…on board an aircraft or in the course of the operations of embarking or disembarking MC‘99  international carriage…performed by aircraft 8 Institute of Air and Space Law University of Cologne Prof. Dr. Stephan Hobe

Suborbital Vehicles: which liability regime does apply?  De lege data no possible general application of wether air not space law liability regulations.  Need of special rules? Would the Space/Air law liability regulations appropiate? 9 Institute of Air and Space Law University of Cologne Prof. Dr. Stephan Hobe

 Liability of the Operator: Contract (US law)  Passengers „Waiver of liability“  Space activities ultra-hazardous  Expense and risk of passenger  Why so? Let‘s compare air and space Law at this point 10 Institute of Air and Space Law University of Cologne Prof. Dr. Stephan Hobe

Contractual Liability  Air Law Liability Sytem WC‘29  Fault Based Liability  Low limit of damage Low liability risk on the air carrier (protection of the air carriers) MC‘99  Two-tier-system: strict+fault based liability  Limited liability for the air carrier Increase of air carrier‘s risk 11 Institute of Air and Space Law University of Cologne Prof. Dr. Stephan Hobe

 Space Law Liability Sytem OST’67 LC‘72  Launching State‘s unlimited liability  Third Party liability  High liability risk for the State  None (?) for the „space transporter“ - so far Space activities only by States 12 Institute of Air and Space Law University of Cologne Prof. Dr. Stephan Hobe

 Space law liability system: future needs  If intervention of „private transporters“  Risk‘s assesment required  Insurance market will develop  Need for certainty of diligence MC‘99 appropiate system 13 Institute of Air and Space Law University of Cologne Prof. Dr. Stephan Hobe

 Necessity of liability system for suborbital flights  Not only States as space actors  Use of elements of aviation liability+insurance system 14 Institute of Air and Space Law University of Cologne Prof. Dr. Stephan Hobe