Interoperator liability gap

The interoperator liability gap refers to the absence of any binding legal rule requiring two private satellite operators to coordinate their maneuvers when an orbital conjunction threatens their respective spacecraft. The 1972 Liability Convention establishes state liability, absolute on the ground and fault-based in orbit, but it creates no obligation between commercial operators, who coordinate maneuvers only on a voluntary basis, through bodies such as the Space Data Association. This gap becomes critical as mega-constellations multiply, with hundreds of satellites from competing fleets sharing the same orbital lanes without any mandatory conjunction-data exchange protocol or clear hierarchy over who must maneuver. For insurers, the gap complicates fault attribution in an avoidable collision: without an enforceable duty to coordinate, an operator who refuses to maneuver or communicates its intent poorly can rarely be held at fault under classic civil liability rules, leaving the loss to fall almost entirely on the victim's own property policy.