NEW CHALLENGES FOR THE WARSAWMONTREAL SYSTEM Which legal

NEW CHALLENGES FOR THE WARSAW/MONTREAL SYSTEM? 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

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

I. Introductory Reflexions � Ø 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 Ø Third Party Liability § Rome Convention 1952 - General Risk Convention (2009 -not in force) - Unlawful Interference Convention (2009 -not in force) Prof. Dr. Stephan Hobe Institute of Air and Space Law University of Cologne 3

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

II. Space Touristic Activities: Current legal regulation � Suborbital Vehicles: which liability regime does apply? Ø Special rules or general rules-tortuos and contractual liability-? Ø Under special rules: space or air law? Prof. Dr. Stephan Hobe Institute of Air and Space Law University of Cologne 5

II. Space Touristic Activities: Current legal regulation Suborbital Vehicles: which liability regime does apply? Ø Suborbital vehicles: § Cross airspace, exit atmosphere, altitude 100 -120 Km § Combine (most of them) technical specifications of aircraft and space objects Prof. Dr. Stephan Hobe Institute of Air and Space Law University of Cologne 6

II. Space Touristic Activities: Current legal regulation Suborbital Vehicles: which liability regime does apply? Ø Suborbital vehicles: § Differente theories - Spatial theory - Functional theory - Technical theory Prof. Dr. Stephan Hobe None gives a satisfactory solution Institute of Air and Space Law University of Cologne 7

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

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

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

II. Space Touristic Activities: Current legal regulation � Air Law Liability Sytem Contractual Liability WC‘ 29 Ø Fault Based Liability Low liability risk on the air carrier (protection of the air carriers) Ø Low limit of damage MC‘ 99 Ø Two-tiersystem: strict+fault based liability Increase of air carrier‘s risk Ø Limited liability for the air carrier Prof. Dr. Stephan Hobe Institute of Air and Space Law University of Cologne 11

II. Space Touristic Activities: Current legal regulation � Space Law Liability Sytem OST’ 67 LC‘ 72 ØLaunching State‘s unlimited liability Ø Third Party liability Prof. Dr. Stephan Hobe ØHigh liability Space activities risk for the State only by States ØNone (? ) for the „space transporter“ - so far Institute of Air and Space Law University of Cologne 12

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

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