Common Issues on Space Law Today - Envisaging Future Aerospace Applications: the examples of registration and liability

MAUREEN WILLIAMS,ULRIKE BOHLMANN,HERMANN ERSFELD,FRANCIS SCHUBERT,PETER VAN FENEMA

Project 2001 Plus - Global and European Challenges for Air and Space Law at the edge of the 21st Century

Carl Heymanns Verlag, Berlin, Köln, München

Lugar: Colonia, Alemania; Año: 2005; p. 245 - 259

Abstract - Cologne June 2005 Panel Discussion on Session 4 Common Issues in Air and Space Law: Envisaging Future Aerospace Applications – The Examples of Registration and Liability Moderator: Prof. Dr. Maureen Williams (Conicet / University of Buenos Aires, Argentina.) Panellists: Dr. Ulrike Bohlmann (Germany / European Space Agency) Dr. Hermann Ersfeld (Germany) Dr. Hermann Ersfeld (Germany) Dr. Hermann Ersfeld (Germany) Dr. Hermann Ersfeld (Germany) Dr. Hermann Ersfeld (Germany) Dr. Francis Schubert (Austria) Dr. Peter van Fenema (McGill University) Introduction Professor Williams: One of the main objectives of this work is to compare air and space law institutions with a view to drawing common denominators and identifying similarities and differences. We shall deal in particular with issues of registration and liability in air and space law. I am increasingly aware that there are more differences than similarities between these two institutions. This, of course, is no matter of concern. On the contrary, experience has frequently shown that we draw better lessons from differences than from analogies which tend to be misleading and, more often than not, somewhat tricky. The world of today is clearly indicating that differences are, by and large, outnumbering similarities in the field. Gone are the days when the issues of "nationality" and "international registration" of aircraft were the recurrent note in private and governmental fora with the idea of sorting out, by some forced analogy, the rules applicable to the registration of space objects. Nowadays we are in an entirely different international context. Different is the scenario and different are the problems prompted and kindled by the advances of science and technology. If we go back to the time when the text of the Registration Convention was adopted by the Legal Subcommittee of Copuos and, shortly after that, to the time of its coming into force in 1976, we note that it was sometimes referred to as a "surprise convention" on registration. The reason was that, in those days, expectations indicated that the Legal Subcommittee would draw up a convention on nationality and marking. However, at the end of the day, a convention on registration and identification was produced by that UN body.