(Re)claiming Damage: Can Fear and Anxiety Related to Space Technology Be Recovered under the 1972 Liability Convention?
- Paper ID
98204
- DOI
- author
- company
University of Ljubljana
- country
Slovenia
- year
2025
- abstract
The rapid advancement of space technology has increased the emergence of threats from space. Negative consequences such as space debris, satellite failures, collisions, cyberattacks, and the testing and potential use of anti-satellite weapons, among others, have led to growing public concerns. These concerns often manifest as fear and anxiety among the general population, raising a critical legal question: can such psychological impacts be considered “damage” under Article 1(a) of the 1972 Liability Convention, and thus be recoverable under international space law? This paper aims to explore whether Article 1(a) of the Liability Convention can be interpreted to include fear and anxiety within the term "personal injury or other impairment of health." While relying primarily on the rules of treaty interpretation enshrined in Articles 31 and 32 of the Vienna Convention on the Law of Treaties, I will also consider the opinions of legal scholars and commentators in space law. Furthermore, when appropriate, I will draw an analogy from air law, particularly the Montreal Convention, which governs liability for damages arising from international air travel. Jurisprudence in cases such as Doe v. Etihad Airways, P.J.S.C. and BT v. Laudamotion (C-111/21) demonstrates how psychological harm, including fear and anxiety, has been deemed recoverable under air law, broadening the interpretation of “damage” to encompass emotional distress. Based on the distinction made by Articles 2 and 3 of the Liability Convention, which establish two different liability regimes based on whether damage occurs on Earth or to an aircraft in flight or in outer space, I will explore whether the interpretation of damage with respect to fear and anxiety differs—or should differ—based on the population affected, whether on Earth, passengers aboard aircraft, or astronauts in outer space. The question of psychological harm has significant implications not only for future liability claims before domestic courts, international tribunals, or international organizations, but also for the drafting of technical standards, company policies, and domestic space legislation. Spacefaring states and operators of space objects may need to reconsider their risk management frameworks and the duties they owe to the public, ensuring comprehensive legal safeguards in the face of potential psychological harm caused by space technology.