Awatif Mohammad Shoqi Advocates & Legal Consultancy | View firm profile
Introduction:
The UAE has taken a significant step forward in regulating space activities with Cabinet Decision No. 20/2023 on the Regulation for Ensuring Compensation of the Damage Caused to Third Parties While Practising Space Activities and Other Activities Related to the Space Sector. This decision establishes clear guidelines for managing third-party liability in the increasing field of space exploration.
Evolution of Space Law in the UAE
The UAE has been proactive in developing its space law framework, established upon Federal Law No. 12/2019, which originally outlined regulations for the space sector. Cabinet Decision No. 20/2023 expands upon this foundation by specifically addressing how damages to third parties from space activities should be handled within UAE jurisdiction.
Key Provisions of Cabinet Decision No. 20/2023:
- Definitions and Scope: Article 1 defines terms like Space Object, Space Activities, and Damage. These definitions clarify that the Decision applies to any entity engaging in space-related activities within the UAE.
- Compensation Guarantee: According to Article 3, operators may provide a Compensation Guarantee before beginning any space activities. This guarantee ensures that financial compensation is available to cover damages caused to third parties as a result of these activities.
- Liability Limits and Assessment: Article 5 outlines how the UAE will assess the maximum potential losses associated with different types of space activities. Activities are categorized into high-risk and non-high-risk, each with specific liability limits.
- Insurance and Risk Management: Article 4 states that operators must maintain adequate insurance coverage to meet the Compensation Guarantee requirements. This ensures that affected parties can receive prompt compensation in case of accidents or incidents, without burdening taxpayers.
- Exemptions and Compliance: Article 8 provides provisions for exemptions under certain circumstances, such as activities contributing to the UAE’s space sector development or those conducted for educational and research purposes. The Decision stresses the importance of continuous compliance with evolving regulatory standards.
Conclusion:
Cabinet Decision No. 20/2023 establishes a robust framework that balances the growth of the space sector with the safety and security of all stakeholders. As the UAE continues to expand its presence in space activities, adherence to such regulatory frameworks will play a crucial role in ensuring a sustainable and prosperous future in outer space endeavours.