空間活動保險法律問題及中國狀況:基於空間商業化最新發展的分析

Legal Aspects of Insurance Regarding Space Activities and the Situation in China: an Analysis Based on the New Development of Space Commercialization

  • 섭 명암 (중국남경항공항천대학법률계)
  • Nie, Mingyan (Law (Air and Space Law Institute of University of Cologne, Germany))
  • 투고 : 2017.06.12
  • 심사 : 2017.06.27
  • 발행 : 2017.06.30

초록

Insurances of space activities are divided into satellite insurance, astronaut insurance and third party liability insurance. Against the background of the rapid development of space commercialization, especially the increasing participation of private entities in space affairs, the present international and domestic mechanisms of space insurance are challenged. As a space-faring state which is in the process of developing space businesses, the regulations of space insurance in China are deserved to be discussed. Satellites insurance is at present well-developed, the "pre-launch", "launch" and "in-orbit" phases of satellites are all possible to be insured by related companies. China created the CAIA in 1997 to provide insurance for Chinese satellites. However, with more private entities start to involve in space as well as satellite industry, the regime established under the framework of CAIA is necessary to be modified, and the mechanism relating to space insurance brokers should be promoted. The astronauts are recognized as the envoy of humankind, and relevant international regulations are made to provide assistance to them in emergency circumstances. From the domestic perspective, astronauts will be fully insured. China creates a particular type of insurance for astronauts. However, once space tourism becomes a business, the insurance of the tourist will be demanded to be created. In order to promote China's space tourism, it is recommended to take the "Astronaut Group Insurance" as an optional model to space tourists, if the tourists are customers of a governmental-owned space company. Once private involvement of providing orbital/suborbital tourism service becomes a reality, new rules are required. Getting a third party liability insurance is deemed as an indispensable precondition for an applicant to get a launch permission. Domestic space laws will include provisions for the third party liability insurance. China's "Interim Measures" of 2002 realizes the importance of third party liability insurance and requires the permit holder to get it before entering the launching site. This regulation is different from the practices of other states. Concerning that China is the sponsor of APSCO, for the purpose of promoting commercial space cooperation, a harmonized approach to domestic law is recommended to be found.

키워드

참고문헌

  1. Hobe, Schmidt-Tedd, Schrogl (eds), Cologne Commentary on Space Law, (Volume II), Carl Heymanns Verlag, 2013.
  2. Henri A. Wassenbergh, Principles of Outer Space Law in Hindsight, Martinus Nijhoff Publishers, 1992.
  3. Mingyan Nie, Legal Framework and Basis for the Establishment of space cooperation in Asia, Lit Verlag GmbH& Co. KG, 2016.
  4. Ruwantissa Abeyratne, Space Security Law, Springer 2011.
  5. Robert C. Harding, Space Policy in Developing Countries: the Search for Security and Development on the Final Frontier, Routledge, Taylor&Francis Group, 2013.
  6. Armel Kerrest, Purpose and Modes of State Indemnification, in Stephan Hobe, Berhard Schmidt-Tedd, Kai-Uwe Schrogl (ed.), Project 2001 Plus: Global and European Challenges for Air and Space Law at the Edge of the 21st Century-Towards a Harmonized Approach for National Space Legislation in Europe, Proceedings of the Workshop, 29/30 January 2004, Berlin.
  7. Bin Cheng, "Space Objects", "Astronauts" and Related Expressions, in Proceedings of the 34th Colloquium on the Law of Outer Space, Montreal, Canada, 1992.
  8. David Sagar, Compulsory Insurance: Basic Features of National Insurance Regulations, in Stephan Hobe, Berhard Schmidt-Tedd, Kai-Uwe Schrogl (eds.), Project 2001 Plus: Global and European Challenges for Air and Space Law at the Edge of the 21st Century-Towards a Harmonized Approach for National Space Legislation in Europe, Proceedings of the Workshop, 29/30 January 2004, Berlin.
  9. Elmar Wins, Kay-Uwe Hoerl, The Industry's Views Regarding National Space Legislation, in Karl-Heinz Boeckstiegel (ed.), 'Project-2001'-Legal Framework for the Commercial Use of Outer Space, Carl Heymanns Verlag, 2002.
  10. Frans Gerhard von der Dunk, Gerardine Meishan Goh, Art. V of Outer Space Treaty, in Hobe, Schmidt-Tedd, Schrogl (eds), Cologne Commentary on Space Law, (Volume I), Carl Heymanns Verlag, 2009.
  11. Frans G. von der Dunk, Passing Buck to Rogers: International Liability Issues in Private Spaceflight, in Nebraska Law Review, 2007, vol. 86.
  12. Gabriella Catalano Sgrosso, Insurance Implications about Commercial and Industrial Activities in Outer Space, in Proceedings of the 36th Colloquium on the Law of Outer Space, Graz, 1993.
  13. I.H. Ph. Diederiks-Verschoor, Search and Rescue in Space Law, in Proceedings of the 19th Colloquium on the Law of Outer Space, Anaheim, USA, 1977.
  14. I.H. Ph. Diederiks-Verschoor, Paul. Gormley, The Future Legal Status of Non-governmental Entities in Outer Space: Private Individuals and Companies as Subjects and Beneficiaries of International Space Law, in Journal of Space Law, 1977, vol. 5.
  15. James A. Vedda, Space Commerce, in Eligar Sadeh (ed.), Space Politics and Policy: an Evolutionary Perspective, Kluwer Academic Publishers, 2002.
  16. Jie Liu, The role Played by Insurance Brokers in Chinese Aerospace Insurance Market, in Aerospace China, July 2005.
  17. Juergen Cloppenburg, Legal Aspects of Space Tourism, in Marietta Benkoe, Kai-Uwe Schrogl (eds.), Space Law: Current Problems and Perspectives for Future Regulation, Eleven International Publishing, 2005.
  18. Mark. J. Sundahl, Rescuing Space Tourists: a Humanitarian and Business Need, in Proceedings of the 50th Colloquium on the Law of Outer Space, Hyderabad, India, 2008.
  19. Michael Gerhard, Kristina Moll, The Gradual Changes from "Building Blocks" to a Common Shape of National Space Legislation in Europe "Summary of Findings and Conclusions", in Stephan Hobe, Berhard Schmidt-Tedd, Kai-Uwe Schrogl (eds.), Project 2001 Plus: Global and European Challenges for Air and Space Law at the Edge of the 21st Century-Towards a Harmonized Approach for National Space Legislation in Europe, Proceedings of the Workshop, 29/30 January 2004, Berlin.
  20. OECD (2011), Insurance market for space activities, in The Space Economy at a Glance 2011, OECD Publishing, Paris.
  21. Patrick Collins, Koichi Yonemoto, Legal and Regulatory Issues for Passenger Space Travel, in Proceedings of the 41st Colloquium on the Law of Outer Space, Melbourne Australia, October 1998.
  22. Stephan Hobe, Legal Aspects of space Tourism, in Nebraska Law Review, 2007, vol. 86.
  23. Stephan Hobe, The ILA Law for National Space Legislation, in German Journal of Air and Space Law, 2013, vol. 1.
  24. Yanal Abul Failat, Space Tourism: a Synopsis on its Legal Challenges, in Irish Law Journal, 2012, vol. 1.
  25. Annemarie Rencken, Have a Safe Journey to the Stars, November 10th 2016, available at:
  26. Aon Risk Solutions, Insuring Space Activities, October 2016.
  27. International Institute of Air and Space Law Leiden University, Report Symposium on the Regulation of Sub-orbital Flights in the European Context, September 2010, available at:
  28. State of the Satellite Industry Report, June 2016, available at:
  29. Terry L. Hardy, Risk Perception and Communication in Commercial Reusable Launch Vehicle Operations, available at:
  30. Yongchun Zheng, 2015 as the First Year of an Era of Commercial Space in China, available at:
  31. Asia-Pacific Space Cooperation Organization,
  32. China Aerospace Science and Technology Corporation,
  33. China Great Wall Industry Corporation,
  34. Marsh Company,
  35. Jiangtai Insurance Brokers Corporation, see:
  36. People's Insurance Company (Group) of China Limited,
  37. Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, Adoption by the General Assembly: 19 December 1967 (resolution 2345 (XXII)), Opened for signature: 22 April 1968 in London, Moscow and Washington, D.C. Entry into force: 3 December 1968.
  38. Chinese First Private Rocket company Received Her First Oder Form, the Founders are the Generation after 90s,
  39. Interim Measures on the Administration of Permits for Civil Space Launch Projects, 2002,
  40. Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, \ London/Moscow/Washington, done 27 January 1967, entered into force 10 October 1967; 610 UNTS 205; TIAS 6347; 18 UST 2410; UKTS 1968 No. 10; Cmnd. 3198; ATS 1967 No. 24; 6 ILM 386 (1967).