The rapid expansion of commercial space activities and large constellations increases the likelihood that uncontrolled re-entries of space objects or their components may cause damage on Earth. The 1972 Convention on International Liability for Damage Caused by Space Objects, while comprehensive in principle, reveals structural limitations when applied to today's privatised space environment. It remains bound to an inter-State logic that offers no direct protection to private victims and depends on political willingness for its activation. Through the case study of the 2025 Falcon 9 incident in Poland, this article analyses the practical gaps of the current international liability framework and examines how national space legislation can complement it. Italy's 2025 Space Law is assessed as a pioneering example: it introduces mandatory insurance, direct action against insurers, the transfer of compensation obtained internationally and, most notably, a right for Italian nationals to claim directly against the State even when no international claim is made. The article concludes that well-designed national frameworks can enhance the operational effectiveness of the international liability regime, strengthening the protection of victims in the evolving landscape of commercial space activities.

What if a space object hit your home? The liability convention challenged by private space activities

Leoni, Elisa
2026-01-01

Abstract

The rapid expansion of commercial space activities and large constellations increases the likelihood that uncontrolled re-entries of space objects or their components may cause damage on Earth. The 1972 Convention on International Liability for Damage Caused by Space Objects, while comprehensive in principle, reveals structural limitations when applied to today's privatised space environment. It remains bound to an inter-State logic that offers no direct protection to private victims and depends on political willingness for its activation. Through the case study of the 2025 Falcon 9 incident in Poland, this article analyses the practical gaps of the current international liability framework and examines how national space legislation can complement it. Italy's 2025 Space Law is assessed as a pioneering example: it introduces mandatory insurance, direct action against insurers, the transfer of compensation obtained internationally and, most notably, a right for Italian nationals to claim directly against the State even when no international claim is made. The article concludes that well-designed national frameworks can enhance the operational effectiveness of the international liability regime, strengthening the protection of victims in the evolving landscape of commercial space activities.
2026
Liability convention, Private actors, Damage, Space objects, Italian space law
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/20.500.14252/1922
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