Manal Cheema (School of Law, Alumnus or Degree Candidate Author, School of Law, Alumnus or Student) has posted Ubers of Space: U.S. Liability Over Unauthorized Satellites (Journal of Space Law, Forthcoming) on SSRN. Here is the abstract:
Private activity in space implicates State responsibility and liability. This Article uses the case study of Swarm Technologies, a U.S. company, and its unauthorized launch of four satellites, called SpaceBEEs, in India to examine State liability for illicit satellites under international and domestic law. Through an analogy to Uber, the Article explains the incentives of innovative start-ups and how an ill-fitting licensing and liability regime affects compliance and the future growth of the industry. After establishing that background, the Article clarifies the obligations and liabilities States incur under the international space law regime, as created by the Outer Space Treaty, Registration Convention, and Liability Convention. Specifically, it asserts States can be liable under international law for unauthorized satellites and both the United States and India are liable for the SpaceBEEs.
Given U.S. liability under international law, the Article describes the current U.S. regulatory regime and concludes it is unprepared for private actors, specifically small satellite companies. The Article demonstrates, in particular, how the U.S. satellite indemnification and licensing regime encourages non-compliance and stifles the growth of the commercial space market. The Article offers remedies to improve the space regulatory regime’s ability to accommodate innovative small satellite start-ups, conform with international law, and achieve the United States’ goal of promoting the growth of the industry.