Independent safety investigation for commercial space accidents: a research on relevant international laws and their implications

Abstract

Despite recent developments advocating for independent safety investigations into commercial space accidents amid the rapid expansion of global space activities, no unified international framework currently exists, unlike the comprehensive system established for aviation accidents under ICAO’s Annex 13. While the independent safety investigation model found in international aviation law and maritime law provide instructive frameworks, the fundamental differences in the legal regimes governing space, air, and maritime domains constrain their direct applicability to space-related incidents. Existing space treaties, notably the Outer Space Treaty, the Liability Convention, and the Rescue Agreement, delineate state responsibilities and liabilities but do not establish detailed mechanisms for post-accident investigation. Furthermore, the development of an international investigative framework for space accidents is impeded by significant challenges, including national security considerations, export control regimes, and broader geopolitical dynamics. Nevertheless, this paper underscores the critical importance of international cooperation and transparency in advancing space safety. It concludes by calling for further scholarly inquiry and multilateral engagement, highlighting recent efforts by the United States and its allies to address export control limitations through bilateral agreements as a pragmatic step toward reconciling safety imperatives with national security concerns in the governance of commercial space activities.