Abstract
Both sub-orbital flights and the broader issue of space tourism bring to bear the common ground shared by air and space insurance. In recent times, both the air transport and space industries have shown synergies in international legal problems pertaining to the procurement of insurance. This has partially been due to the single most ominous economic throw back from the events of 11 September 2001 concerning the air transport industry and the ensuing insurance crisis. On 17 September 2001, underwriters gave 7 days notice of cancellation of the standard war risk and allied perils clause of the aircraft insurance contract, plunging the commercial airline industry into a causal paradox of necessity and inability in the running of their air services. The resulting gloom, largely stemming from the economic impotence of carriers worldwide in not being able to meet the un-affordable new premium level were somewhat diluted when some States provided financial support to bail out their carriers. However, it became immediately apparent that a certain worldwide and combined effort on the part of nations was necessary if air transport services were to be sustained amidst the crisis.
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- 1.
See Abeyratne (2002), 595 at pp. 599–634.
- 2.
Foust (2001), p. 1. See also, Echostar VIII Satellite May Not Be Insured, Aerospace Risk, Issue 39, March 2002, at p. 9.
- 3.
Foust (2001), p. 1. See also, Echostar VIII Satellite May Not Be Insured, Aerospace Risk, Issue 39, March 2002, at p. 9.
- 4.
Abeyratne (2002), at pp. 599–600.
- 5.
Foust (2001), at p. 3.
- 6.
Margo generally identifies “risk” as the potential for the occurrence of an uncertain event, and goes on to say that a scientist might define risk as “the continuum or spectrum between uncertainty on the one hand and certainty on the other”. See Margo (1992), p. 79.
- 7.
For a well compiled account of this subject, see Diederiks-Verschoor (1999), p. 177.
- 8.
Sgrosso (1993), pp. 187–207.
- 9.
Sgrosso (1993), pp. 187–207.
- 10.
Martin Marietta Corporation v. International Telecommunication Satellite Organization (Intelsat), 763 F. Supp. 1327 (D.Md. 1991), 991 F.2d (94th Circ. 1992). See also Mason-Zwaan (1993), pp. 16–24.
- 11.
Appalachian Insurance Co. v. McDonnell Douglas Corp., 214 Cal. App. 3d 1, 262 Cal Rptr. 716 (Cal.App. 4th Dist. 1989).
- 12.
Like the earlier cited Treaty provision, this provision is derived from United Nations documentation and has been reproduced almost verbatim from paragraph 7 of the 1963 General Assembly Declaration appearing in Resolution 1962 (XVIII). The Treaty provision extends the scope of application of the provision to conduct of astronauts both inside and outside the spacecraft.
- 13.
Cheng (1968), 532 at p. 538.
- 14.
Agreement Governing the Activities of States on the Moon and other Celestial Bodies, UN Doc A/RES/34/68 of 5 December 1979.
- 15.
Agreement Governing the Activities of States on the Moon and other Celestial Bodies, signed on 5 December 1979, UN Doc A/RES/34/68 of 5/12/1979.
- 16.
Agreement Governing the Activities of States on the Moon and other Celestial Bodies, signed on 5 December 1979, UN Doc A/RES/34/68 of 5/12/1979, Article 7.
- 17.
Convention on International Liability for Damage Caused by Space Objects, March 29 1972, 24 U.S.T 2389, T.I.A.S No. 7762.
- 18.
Article II(a) defines damage as including loss of life, personal, injury or other impairment of health; or loss or damage to property of States or of persons natural or juridical, or property of international governmental organizations.
- 19.
Brownlie (1990), p. 433.
- 20.
1925 RIAA ii 615 at p. 641.
- 21.
Resolution 1721 (XVI) adopted on 20 December 1961. See also Article 3 of the Outer Space Treaty.
- 22.
In Re. Chorzow Factory (Jurisdiction) Case, (1927) PCIJ, Ser. A, no. 9 at p. 21.
- 23.
ICJ Reports (1949), 4 at p. 23.
- 24.
Christol (1991), p. 231.
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Abeyratne, R. (2011). Issues of Aerospace Insurance. In: Space Security Law. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-16702-7_6
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DOI: https://doi.org/10.1007/978-3-642-16702-7_6
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