Crown-Horned Snorkack wrote:
:On 11 okt, 06:20, Fred J. McCall wrote:
: Crown-Horned Snorkack wrote:
:
: :On 9 okt, 03:53, Fred J. McCall wrote:
: : Crown-Horned Snorkack wrote:
: :
: : :On 8 okt, 16:09, Fred J. McCall wrote:: BernardZ wrote:
: :
: : :
: : : :
: : : :Worst case the company could pick the country that it was based on like
: : : :ships do today.
: : : :
: : :
: : : In the case of space, that doesn't save you unless all your people are
: : : willing to give up their citizenship.
: : :
: : :
: : :Really? Why?
: : :
: :
: : Because many countries (like the US) sort of require it, since they
: : are still going to be responsible for the actions of THEIR citizens.
: : If they're going to be responsible, they want to control the company.
: :
: : :
: : :Suppose that someone sets up a Liberian space ship. Some of the
: :
assengers, employees and investors are citizens of countries other
: : :than Liberia.
: : :
: : :Presumably, if the rules on board the spaceship or in Moon colony are
: : :felt to be unfair to some of those involved, the consul of their
: : :native country in Liberia can complain to Liberian government and ask
: : :the Liberian government to enforce their laws.
: : :
: : :Whereas if those involved have given up their citizenship and become
: : :Liberian naturalized citizens, they have no consuls to protect them,
: : :but they can themselves complain to Liberian government...
: : :
: :
: : The law isn't about protecting the individuals. It's about
: : responsibility for actions that are essentially 'extra-territorial'.
: : If a Mongolian crewman does something on your Liberian spaceship that
: : leads to a couple of buildings getting smashed, who is responsible?
: :
: : Hint: It doesn't work like ships, where the flag nation is
: : automatically responsible.
: :
: :Ah, this part.
: :
: :Read the Outer Space Treaty and Liability Convention then.
: :
: :Nowhere is the citizenship of persons mentioned. I see references to
: :launching state, and to states whose territory is used for launch as
: :well as states performing or procuring the launch, but not to persons.
: :
:
: I suggest you need to look harder.
:
:
:Then point at the relevant parts of the text.
:
I can't correct your inability to read.
:
:
: :
: :When a Soviet spacecraft (unmanned) crashed in Canada, Soviet Union
:
aid for damage. Should a US spaceship launched or about to land in
: :Florida crash in Cuba, USA would pay Cuba for the damages.
: :
:
: Only one state involved in both or your cases.
:
: :
: :Columbia carried an Israeli citizen. If a US shuttle with an Israeli
: :citizen aboard were to crash in Cuba, would Israel be jointly and
: :severally liable for the damages done to Cuba, or would the damages be
:
aid by USA alone?
: :
:
: If the Israeli is the pilot both countries are liable, as the Israeli
: is "a person for whom [Israel is responsible".
:
:
:Your words, or wording of the treaty?
:
As an Israeli citizen, he would be someone that the state of Israel
'bears responsibility for'. As operating crew (pilot or commander) he
bears responsibility for mishaps. However, since the Convention takes
responsibility back to nations rather than other entities, Israel is
as responsible as the United States.
:
:
: If the Israelis paid
: for the launch both countries are liable.
:
:
:This much agreed. The Liability Treaty does say that when a state
:"launches or procures the launch", it is a joint launching state along
:with the state whose territory is used.
:
And I note you don't want to go any further.
In other words, it is *NOTHING* like Maritime Law.
--
"Some people get lost in thought because it's such unfamiliar
territory."
--G. Behn