چکیده:
Outer Space as one of the new areas of present era requires special attention in order to regulate the legal mechanism of activities and international responsibility for them. The key question is whether the current legal system governing human activities in space is effective in explaining the legal framework of states' responsibility. According to the Article Hypothesis, out of the five outer space treaties, few articles in Outer Space Treaty and Liability Convention (1972) in particular specify the international responsibility and liability mechanisms in the outer space but there are weaknesses. The purpose of article is to review the existing international laws regarding the international responsibility of states in this field and to identify its weaknesses and emphasize the necessity of the cooperation of states to formulate a comprehensive international treaty as an effective way in order to systematize the international responsibility and liability of states in outer space literally.
خلاصه ماشینی:
Article 7 of the 1967 Treaty also states as follows: "Each State Party to a treaty that launches or procures the launching of an object from its territory or facility shall be liable for damage caused by such object in Earth or to aircraft in flight or in outer space, including the moon and other celestial bodies, to another State Party to the treaty or to natural or legal persons" 1 caused by it.
" Regarding the type of responsibility mentioned in this article of the treaty, it is necessary to mention that Liability is the responsibility for damages resulting from space accidents, and the launching State of the space object must undertake compensation for the damages caused, even in the absence of negligence.
However, in summary, what can be stated regarding the international responsibility regime set forth in the 1967 Treaty is that despite the novelty of these two articles in the international law system of that time, precise definitions of key concepts were not provided, and attention was not paid to the operational mechanism for compensating accidents resulting from responsibility; therefore, some time later, due to the necessity of drafting a mechanism for the settlement of claims arising from space activities, the "1972 Convention on International Liability for Damage Caused by Space Objects"2 was drafted.
(Kazemi, 1386: 90) 2-3- Joint and Several Liability Based on the 1972 International Liability Convention, two types of joint and several liability are conceivable: the first type, which is explained by Article 4 of the 1972 Convention, relates to cases where damages are caused to third parties as a result of a collision between space objects of several launching countries in outer space.