Oceans as Spaceports: State Jurisdiction and Responsibility for Space Launch Projects at Sea

Abstract

Sea-based launches of satellites provide advantages for the space sector, such as flexibility of the launching location, but may also pose security and environmental concerns for states in the proximity of launches. States must properly exercise their competences under international law to supervise space activities under their jurisdiction effectively. This article examines the application of UNCLOS for determining state jurisdiction and responsibilities with regard to such activities, arguing that UNCLOS provides a relevant but not fully adequate framework for launches from sea, and may even prevent responsible states from meeting their obligations under the Outer Space Treaty. The flag state regime fills in some of the jurisdictional gaps in space law, but the traditional approach to flag state jurisdiction under UNCLOS may not satisfactorily meet the objectives of space law. The duty of ‘due regard’ is, in practice, crucial for regulating the conduct of sea-launching states, but depends on inter-state dialogue and cooperation effectively to resolve potential conflicting uses of the sea. Effectiveness of the international responsibility regime laid down in the Outer Space Treaty may be weakened by unclear and under-developed standards of conduct. Further, it is necessary to ensure that liability for damage caused by space objects launched from the high seas is not ‘channeled’ to the flag state of the launch facility. Interpretation of UNCLOS in light of the international space law objectives may be helpful to resolve some of these issues, but workable solutions for safe launches from sea may only be found in further cooperation between the states concerned.

Keywords: Sea Launch, United Nations Convention on the Law of the Sea, Outer Space Treaty, Flag State, Jurisdiction, State Responsibility, Due Regard