우주책임협약 50년의 국제법적 의미에 관한 연구

The space liability system was envisioned by the 1972 Convention on International Liability for Damage Caused by Space Objects(hereinafter ‘Liability Convention’). The provisions of the Liability Convention clarify the meaning of key terms such as ‘damage’, ‘launch’, and ‘space object’ that were not covered by the 1967 ‘Outer Space Treaty’, and relationship between multiple launching states, procedures for claiming damages and types and contents of liability for damages are stipulated in detail. The year 2022 marks the 50th anniversary of the enactment and entry into force of the Liability Convention. This article looks back on the 50 years of the Liability Convention and examines its problems through a study on the principles of the Liability Convention under international law, dispute resolution, and related cases. Since the Liability Convention is an international law in which the state or international organization is the subject, the claimant for damages becomes the state, and a natural person or corporation cannot directly claim against the launching country using the Liability Convention. Therefore, the Liability Convention is an agreement that stipulates in relatively detail in terms of substance and procedure so that sufficient and equitable compensation can be made quickly to victims of space damage based on ‘victim-oriente’ principle. In addition, in relation to claims for damages caused by space objects, the exhaustion of the local remedies under international law is not needed. Liability Convention is criticized by many commentators in relation to some aspects covered by the Convention. In particular, international public law systems, such as those assumed in the Liability Convention, are inappropriate to deal with technological advances in the privatization and commercialization of the greatly developed aerospace transportation. Various proposals are in progress, but there are currently no conditions on how to reform the legal framework. Recently, private entrepreneurs and businesses have become the main agents of activities and tend to increase their stake in space management in cooperation with government agencies. Therefore, the future of space business and space law must find a balance between complying with the basic principles of space law and supporting the private economic sectors. As the number of astronauts and other space agents increases as a result of the expansion of space activity, it is entirely predictable that the laws governing human activity in this situation become increasingly relevant. It is necessary today to prepare for harmonizing legislation governing legal relations in outer space, as issues requiring appropriate regulation are being raised every day in this field.