Bibliographie sélective OHADA

As we have seen from the numerous high profile launch failures and accidents that have occurred between 2014 and 2016, space activities are still ultra-hazardous in nature, despite sixty-plus years of technological development. These activities range from essential to modern life (ex., telecommunications) to futuristic and forward thinking (ex., space tourism). In order for these activities to not only continue, but also develop and grow, this inherent risk must be managed.Further complicating the risk dynamic in outer space, States are required to take liability and responsibility for the activities of their nationals in space, including private entities and individuals. The reality of this relationship is that while States wish to promote the development of their domestic space industries, they will also usually require certain levels of insurance and indemnification to protect the State against potentially costly mishaps.With regard to outer space, political will is lacking at an international level to create new binding rules for activities in space. Likewise, States are reluctant to unilaterally impose stricter (even if ultimately beneficial) regulations on their entities for fear that their domestic industries will flee abroad to greener pastures, creating a regulatory prisoner's dilemma. These factors create a scenario where the major space insurers responsible for writing policies across national boundaries may be uniquely positioned to enforce or at least promote mechanisms to increase safety and sustainability in the commercial space industry. Increasing safety and sustainability in outer space may help to keep premium costs from growing out of control for these hazardous activities, as well. Thus, this thesis addresses three fundamental questions: 1)From a legal and policy perspective, is there a regulatory void that needs to be filled, at least temporarily?2)Are insurance companies in a position to be able to fill or partially fill that void?3)If so, how, and what actions can they undertake to improve their ability to execute that governance function?In answering these questions, this manuscript-based thesis explores the existing body of space law and common practices in space activities, including notable lacunae, and applies theories of "insurance as governance." This approach permits both analysis of the existing status of the industry and recommendations to increase the viability of space activities moving forward.

In this thesis space technology trade and proliferation controls are analyzed, focusing on two substantive issues that illustrate the challenges and opportunities of reform. The first substantive issue examined is the challenge of domestic law and policy reform in light of international regulatory divergence. This issue is examined through a case study of the U.S. commercial communication satellite export control regime. The second issue is the international implications of space technology trade and proliferation control on global civil space cooperation. The unifying demonstration of this doctoral thesis is that States operate in an international legal system that perpetuates a self-justified security dilemma whose basis originates in the sovereign legal right of States to produce, procure, and maintain space technologies of a military nature. As a result, the international legal system governing space technology trade and proliferation creates a tension between perceived national security needs and the benefits of global cooperation.