25
Space Liability Convention
25.1 General Information
Convention on International Liability for Damage Caud by Space Objects
Most common abbreviation(s)Space Liability Convention, Liability convention Organisation United Nations Office for Outer Space Affairs (UNOOSA) Reference961 UNTS 187, Treaty Series No. 16 (1974), Cmnd 5551
/SpaceLaw/liability.htm
Status
Adoption29 November 1971
Entry into force 1 September 1972
Signatories (without ratification)Burundi, Cambodia, Central African Republic, Colombia,
Costa Rica, Democratic Republic of Congo, Egypt, El Salvador,
Gambia, Ghana, Guatemala, Haiti, Honduras, Iceland, Jordan,
Lebanon, Nepal, Nicaragua, Oman, Philippines, Rwanda, Sierra
Leone, South Africa, United Republic of Tanzania
Ratifications Algeria, Antigua and Barbuda, Argentina, Australia,Austria,
Belarus, Belgium, Benin, Bosnia and Herzegovina, Botswana,
Brazil, Bulgaria, Canada, Chile, China, Cuba, Cyprus, Czech
Republic, Denmark, Dominican Republic, Ecuador, Fiji, Finland,
France, Gabon, Germany, Greece, Hungary, India, Indonesia, Iran,
Iraq, Ireland, Israel, Italy, Japan, Kazakhstan, Kenya, Kuwait, Lao
People’s Democratic Republic, Liechtenstein, Luxembourg, Mali,
Malta, Mexico, Mongolia, Morocco, Netherlands, New Zealand,
Niger, Nigeria, Norway, Pakistan, Panama, Papua New Guinea,
Peru, Poland, Qatar, Republic of Korea, Romania, Russian
Federation, Saint Vincent and the Grenadines, Saudi Arabia,
Senegal, Serbia, Seychelles, Singapore, Slovakia, Slovenia, Spain,
Sri Lanka, Sweden, Switzerland, Syrian Arab Republic, Togo,
Trinidad and Tobago, Tunisia, Ukraine, United Kingdom of Great
spcsBritain and Northern Ireland, United States of America, Uruguay,
Venezuale, Zambia
Declaration of acceptance of rights and obligations European Space Agency, European Telecommunication Satellite Organization
345
346 25. Space Liability Convention Literature B urke, J, ‘Convention on international liability for damage caud
to do listby space objects: definition and determination of damages after
the Cosmos 954 incident’, Fordham international law journal,
1984–1985, pp. 255–285.
Christol, C, ‘International Liability for Damage caud by
Space Objects’, in Space law, F lyall & P larn (eds),
Aldershot, Ashgate, 2007, pp. 237–262.
Forkosch, M, Outer space and legal liability, Nijhoff, The Hague,
Boston, 1982, 290 p.
H aanappel, P, ‘Enforcing the Liability Convention: Ensuring the
Binding Force of the Award of the Claims Commission’, in Space
law: current problems and perspectives for future regulation,
Eleven International Publishing, Utrecht, 2005, pp. 113–120.
Hurwitz, B, State liability for outer space activities in accord-
ance with the 1972 Convention on International Liability for
Damage Caud by Space Objects, Martinus Nijhoff Publishers,
Dordrecht, Boston, 1992, 245 p.
K errest, A, ‘Liability for Damage caud by Space Activities’,
in Space law: current problems and perspectives for future regula-
tion, Eleven International Publishing, Utrecht, 2005, pp. 91–111.
P oulantzas, D, ‘Some remarks on the Convention on
International Liability for Damage Caud by Space Objects’,
Revue hellénique de droit international, 1972, pp. 306–310.
S towe, R, ‘The 1972 convention on international liability for
damage caud by spaceobjects’, in Maintaining outer space for
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peaceful us: proceedings of a symposium held in the Hague,
March 1984, pp. 104–110.
25.2 Convention of 29 March 1972 on International Liability for Damage Caud by Space Objects The States Parties to this Convention, Recognizing the common interest of all mankind in furthering the exploration and u of outer space for peaceful purpos,
Recalling the Treaty on Principles Governing the Activities of States in the Exploration and U of Outer Space, including the Moon and Other Celestial Bodies,
Taking into consideration that, notwithstanding the precautionary measures to be taken by States and international intergovernmental organizations involved in the launching of space objects, damage may on occasion be caud by such objects, Recognizing the need to elaborate effective in
ter-national rules and procedures concerning liability for damage caud by space objects and to ensure, in particular, the prompt payment under the terms of this Convention of a full and equitable measure of compensation to victims of such damage, Believing that the establishment of such rules and procedures will contribute to the strengthening of international co-operation in the field of the exploration and u of outer space for peaceful purpos,
Have agreed on the following:
Article I
For the purpos of this Convention:
(a) The term ‘damage’ means loss of life, personal
injury or other impairment of health; or loss of or damage to property of States or of persons, natural or juridical, or property of international intergovernmental organizations;
(b) The term ‘launching’ includes attempted launching;
(c) The term ‘launching State’ means:
25.2 Convention of 29 March 1972 on International Liability for Damage Caud by Space Objects 347
(i) A State which launches or procures the
launching of a space object;
(ii) A State from who territory or facility a space object is launched;
(d) The term ‘space object’ includes component
parts of a space object as well as its launch vehicle and parts thereof.
Article IIdert
A launching State shall be absolutely liable to pay compensation for damage caud by its space object on the surface of the earth or to aircraft flight.
Article III
In the event of damage being caud elwhere than on the surface of the earth to a space object of
one launching State or to persons or property on board such a space object by a space object of another launching State, the latter shall be liable only if the damage is due to its fault or the fault of persons for whom it is responsible.
走遍美国文本下载Article IV
1. In the event of damage being caud elwhere
than on the surface of the earth to a space object of one launching State or to persons or property on board such a space object by a space object of another launching State, and of damage thereby being caud to a third State or to its natural or juridical persons, the first two States shall be jointly and verally liable to the third State, to the extent indicated by the following:
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(a) If the damage has been caud to the third
State on the surface of the earth or to aircraft
in flight, their liability to the third State shall
be absolute;
(b) If the damage has been caud to a space
object of the third State or to persons or
property on board that space object elwhere
than on the surface of the earth, their liability
to the third State shall be bad on the fault of
either of the first two States or on the fault of
persons for whom either is responsible.
2. In all cas of joint and veral liability
referred to in paragraph 1 of this article, the burden of compensation for the damage shall be apportioned between the first two States
in accordance with the extent to which they were at fault; if the extent of the fault of each of the States cannot be established, the burden of compensation shall be apportioned equally between the
m. Such apportionment shall be without prejudice to the right of the third State to ek the entire compensation due under this Convention from any or all of the launching States which are jointly and verally liable.
Article V
1. Whenever two or more States jointly launch a
space object, they shall be jointly and verally liable for any damage caud.
2. A launching State which has paid compensa-
tion for damage shall have the right to prent
a claim for indemnification to other participants
in the joint launching. The participants in a joint launching may conclude agreements regard-ing the apportioning among themlves of the financial obligation in respect of which they are jointly and verally liable. Such agreements shall be without prejudice to the right of a State sustaining damage to ek the entire compensa-tion due under this Convention from any or all of the launching States which are jointly and verally liable.
3. A State from who territory or facility a space
object is launched shall be regarded as a partici-pant in a joint launching.
Article VI
1. Subject to the provisions of paragraph 2 of
this Article, exoneration from absolute liability shall be granted to the extent that a launching State establishes that the damage has resulted either wholly or partially from gross negligence or from an act or omission done with intent to cau damage on the part of a claimant State or of natural or juridical persons it reprents.
2. No exoneration whatever shall be granted in
cas where the damage has resulted from activ-ities conducted by a launching State which are not in conformity with international law includ-ing, in particular, the Charter of the United Nations and the Treaty on Principles Governing the Activities of States in the Exploration and U of Outer Space, including the Moon and Other Celestial Bodies.
348 25. Space Liability Convention
Article VII
The provisions of this Convention shall not apply to damage caud by a space object of a launching State to:
(a) nationals of that launching State;
(b) foreign nationals during such time as they are
participating in the operation of that space object from the time of its launching or at any stage thereafter until its descent, or during such time as they are in the immediate vicinity of a planned launching or recovery area as the result of an invitation by that launching State.
Article VIII
1. A State which suffers damage, or who natural
or juridical persons suffer damage, may prent to a launching State a claim for compensation for such damage.
2. If the State of nationality has not prented a
claim, another State may, in respect of damage sustained in its territory by any natural or juridi-cal person, prent a claim to a launching State.
3. If neither the State of nationality nor the State
in who territory the damage was sustained has prented a claim or notified its intention of prenting a claim, another State may, in respect of damage sustained by its permanent residents, prent a claim to a launching State.
Article IX
A claim for compensation for damage shall be prented to a launching State through diplomatic channels. If a State does not maintain diplomatic relations with the launching State concerned, it may request another State to prent its claim to that launching State or otherwi reprent its interests under this Convention. It may also prent its claim through the Secretary-General of the United Nations, provided the claimant State and the launching State are both Members of the United Nations.
Article X
1. A claim for compensation for damage may be
prented to a launching State not later than one year following the date of the occurrence of the damage or the identification of the launching State which is liable.2. If, however, a State does not know of the occur-
rence of the damage or has not been able to identify the launching State which is liable, it may prent a claim within one year following the date on which it learned of the aforemen-tioned facts; however, this period shall in no event exceed one year following the date on which the State could reasonably be expected to have learned of the facts through the exerci of due diligence.
3. The time-limits specified in paragraphs 1 and
2 of this Article shall apply even if the full
extent of the damage may not be known. In this event, however, the claimant State shall be enti-tled to revi the claim and submit additional documentation after the expiration of such time-limits until one year after the full extent of the damage is known.
Article XI
1. Prentation of a claim to a launching State for
compensation for damage under this Convention shall not require the prior exhaustion of any local remedies which may be available to a claimant State or to natural or juridical persons it reprents.
2. Nothing in this Convention shall prevent a State,
or natural or juridical persons it might reprent, from pursuing a claim in the courts or adminis-trative tribunals or agencies of a launching State.
A State shall not, however, be entitled to prent
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a claim under this Convention in respect of the
same damage for which a claim is being pur-sued in the courts or administrative tribunals or agencies of a launching State or under another international agreement which is binding on the States concerned.
Article XII
The compensation which the launching State shall be liable to pay for damage under this Convention shall be determined in accordance with interna-tional law and the principles of justice and equity, in order to provide such reparation in respect of the damage as will restore the person, natural or juridical, State or international organization on who behalf the claim is prented to the condi-tion which would have existed if the damage had not occurred.
25.2 Convention of 29 March 1972 on International Liability for Damage Caud by Space Objects 349
Article XIIIpreci
Unless the claimant State and the State from which compensation is due under this Convention agree on another form of compensation, the compensa-tion shall be paid in the currency of the claimant State or, if that State so requests, in the currency of the State from which compensation is due. Article XIV
If no ttlement of a claim is arrived at through dip-lomatic negotiations as provided for in Article IX, within one year from the date on which the claim-ant State notifies the launching State that it has sub-mitted the documentation of its claim, the parties concerned shall establish a Claims Commissio
n at the request of either party.
Article XV
1. The Claims Commission shall be compod of
three members: one appointed by the claimant State, one appointed by the launching State and the third member, the Chairman, to be chon by both parties jointly. Each party shall make its appointment within two months of the request for the establishment of the Claims Commission.
2. If no agreement is reached on the choice of the
Chairman within four months of the request for the establishment of the Commission, either party may request the Secretary-General of the United Nations to appoint the Chairman within
a further period of two months.
Article XVI
1. If one of the parties does not make its appoint-
贵阳会计培训ment within the stipulated period, the Chairman shall, at the request of the other party, constitute
a single-member Claims Commission.
2. Any vacancy which may ari in the Commission
for whatever reason shall be filled by the same procedure adopted for the original a ppointment.
3. The Commission shall determine its own proce-
dure.
4. The Commission shall determine the place or
经典英文个性签名places where it shall sit and all other administra-tive mattters.
5. Except in the ca of decisions and awards by a
single-member Commission, all decisions and
awards of the Commission shall be by majority vote.
Article XVII
No increa in the membership of the Claims Commission shall take place by reason of two or more claimant States or launching States being joined in any one proceeding before the Commission. The claimant States so joined shall collectively appoint one member of the Commission in the same manner and subject to the same conditions as would be the ca for a single claimant State. When two or more launching States are so joined, they shall collectively appoint one member of the Commission in the same way. If the claimant States or the launching States do not make the appointment within the stipulated period, the Chairman shall constitute a single-member Commission.
Article XVIII
The Claims Commission shall decide the merits of the claim for compensation and determine the amount of compensation payable, if any.
Article XIX
1. The Claims Commission shall act in accordance
with the provisions of Article XII.
2. The decision of the Commission shall be final
and binding if the parties have so agreed;
otherwi the Commission shall render a final and recommendatory award, which the parties shall consider in good faith. The Commission shall state the reasons for its decision or award.
3. The Commission shall give its decision or award
as promptly as possible and no later than one year from the date of its establishment, unless an extension of this period is found necessary by the Commission.
4. The Commission shall make its decision or
award public. It shall deliver a certified copy of its decision or award to each of the parties and to the Secretary-General of the United Nations. Article XX
The expens in regard to the Claims Commission shall be borne equally by the parties, unless other-wi decided by the Commission.
