Responsibility

The duty of responsibility with regard to activities in space is enshrined in article VI of the OST, which determines that States “bear international responsibility for national activities in outer space”, whether they are carried out by governmental agencies or non-governmental entities. Furthermore, States are responsible for assuring that the activities of their nationals “are carried out in conformity with the provisions” of the OST. Article VI also obliges States to authorize and continually supervise the activities of its nationals (including non-governmental entities) and to ensure that the “national activities are carried out in conformity” with the provisions of the OST. It is distinct from the concept of liability, which imposes a financial (or pecuniary) obligation to compensate (pay money to) another State for damages caused by its space objects.

Article VI of the OST expressly stipulates that anything done by a non-governmental entity in outer space is considered to be an act that is imputable to the State as if it were its own, and thus the State bears direct responsibility for such act. Article VI’s stipulation that a State is responsible for its national activities in outer space was a significant development in public international law, as it is a marked difference from the regime of State responsibility applicable to activities on Earth. In the context of space law, a State cannot avoid responsibility by disclaiming responsibility for the acts of its private persons. The way many States implement their article VI responsibilities is through the enactment of national laws and regulations.

The legal concept of responsibility should not be confused with the policy concept of ‘responsible behaviour’ which has been used by several States to encourage members of the international community to carry out space activities in a manner that seeks to preserve space sustainability and avoid the increase of tensions by negatively impacting other States and their space activities. The use of the term ‘responsible behaviour’ in the context of space security regulations has been criticized by some States as vague and difficult to assess or verify. There is no universally accepted definition of the term ‘responsible behaviour’.