The International Institute of Space Law (IISL) has released the case clarifications for the 2022 Manfred Lachs Space Law Moot Competition. The case is regarding registration and damages involving objects manufactured in space between the parties Candidia and Xenovia.
IISL received nine clarification requests and declined six of the requests. The clarified requests are as follows
Request: Was Valerian 806 an object charged under the security agreement under paragraph 14 of the compromise?
Clarification: Valerian 806 was not referenced by name in the security agreement
Request: What are the parameters of the repossession provision in the Security Agreement?
Clarification: See Paragraph 14 of the Agreed Statement of Facts
Request: The Agreed Statement of Facts reads that Selada Inc. notified Alendularia of its cash flow issues (par. 16) and that the Valerian 806 satellite is owned by Candidia (par. 15). However, the synopsis mentions that “Valerian’s owners defaulted on payments due”. Who defaulted on payments due.
Clarification: Selada Inc
You can access the full clarifications here.
The case synopsis
“Candidia and Xenovia are two small nations with growing space sector activities, using many new technologies, such as 3-D printers and Artificial Intelligence (AI) to manufacture space objects in outer space. Candidia’s “Valerian 806” satellite is part of a mega-satellite constellation. It was manufactured in space and deployed to low Earth orbit from the “Pacem” space station. Valerian’s owners defaulted on payments due. The creditor contracted for the Fenix-3 satellite, registered in Xenovia, to take possession of Valerian 806 and to relocate it to another orbit. In taking possession, both the Valerian 806 and Fenix-3 satellites were destroyed in an explosion. Most of the fragments burned up in the atmosphere, but some pieces survived atmospheric re-entry. Tragically, one large fragment of the Fenix-3 satellite struck a cargo plane of the Candidia military in flight, which crashed into the ocean, killing all nine persons on board. Unable to resolve their dispute by diplomatic means, both parties have submitted their claims for compensation for damages to the International Court of Justice for adjudication.”
Consequently, the issues for determination are as follows:
- That Xenovia violated international law by interfering with Valerian 806 and is liable
for the loss of lives on board the cargo plane, the loss of the aircraft, and the lost
revenues from the destruction of Valerian 806, and
2. That Candidia acted in accordance with international law and is not liable for the loss
- That Xenovia acted in accordance with international law by attempting to obtain
physical possession and control of Valerian 806 and is not liable to Candidia for any
alleged damages, and
2. That Candidia is liable for the loss of Fenix-3
You can follow this link for the unabridged case.
Faleti Joshua is an avid lover of space in all its incomprehensible nature. He holds both an LL.B and a B.L degree. Joshua is a lover of music and a lawyer in his free time.