(2) CONVENTION ON INTERNATIONAL LIABILITY FOR DAMAGE
CAUSED BY SPACE OBJECTS(Adopted on October 29, 1971, Resolution 2277 by
the UN General Assembly 26st Session, Proclaimed September 1, 1972)
The
States Parties to this Convention,
Recognizing the common interest of all mankind in furthering the exploration
and use of outer space for peaceful purposes,
Recalling the Treaty on Principles Governing the Activities of States in the
Exploration and Use 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 caused by such objects,
Recognizing the need to elaborate effective international rules and procedures
concerning liability for damage caused 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 cooperation in the field of the
exploration and use of outer space for peaceful purposes,
Have
agreed on the following:
Article
I
For the purposes of this Convention:
(a)
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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;
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(b)
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The term "launching" includes attempted
launching;
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(c)
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The term "launching State" means:
(i)
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A State which launches or procures the
launching of a space object;
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(ii)
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A State from whose territory or facility a
space object is launched;
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(d)
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The term "space object" includes component
parts of a space object as well as its launch vehicle and parts thereof.
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Article
II
A launching State shall be absolutely liable
to pay compensation for damage caused by its space object on the surface of the
Earth or to aircraft flight.
Article
III
In the event of damage being caused elsewhere
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.
Article
IV
1.
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In the event of damage being caused
elsewhere 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 caused to a
third State or to its natural or juridical persons, the first two States
shall be jointly and severally liable to the third State, to the extent
indicated by the following:
(a)
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If the damage has been caused to the third
State on the surface of the Earth or to aircraft in flight, their liability
to the third State shall be absolute;
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(b)
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If the damage has been caused to a space
object of the third State or to persons or property on board that space
object elsewhere than on the surface of the Earth, their liability to the
third State shall be based on the fault of either of the first two States or
on the fault of persons for whom either is responsible.
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2.
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In all cases of joint and several 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 these States cannot be established, the burden of compensation shall
be apportioned equally between them. Such apportionment shall be without
prejudice to the right of the third State to seek the entire compensation due
under this Convention from any or all of the launching States which are
jointly and severally liable.
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Article
V
1.
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Whenever two or more States jointly launch a
space object, they shall be jointly and severally liable for any damage
caused.
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2.
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A launching State which has paid compensation
for damage shall have the right to present a claim for indemnification to
other participants in the joint launching. The participants in a joint
launching may conclude agreements regarding the apportioning among themselves
of the financial obligation in respect of which they are jointly and
severally liable. Such agreements shall be without prejudice to the right of
a State sustaining damage to seek the entire compensation due under this
Convention from any or all of the launching States which are jointly and
severally liable.
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3.
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A State from whose territory or facility a
space object is launched shall be regarded as a participant in a joint
launching.
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Article
VI
1.
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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 cause damage on the part of a claimant State or of natural or
juridical persons it represents.
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2.
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No exoneration whatever shall be granted in
cases where the damage has resulted from activities conducted by a launching
State which are not in conformity with international law including, in
particular, the Charter of the United Nations and the Treaty on Principles
Governing the Activities of States in the Exploration and Use of Outer Space,
including the Moon and Other Celestial Bodies.
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Article
VII
The provisions of this Convention shall not
apply to damage caused by a space object of a launching State to:
(a)
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Nationals of that launching State;
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(b)
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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.
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Article
VIII
1.
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A State which suffers damage, or whose
natural or juridical persons suffer damage, may present to a launching State
a claim for compensation for such damage.
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2.
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If the State of nationality has not
presented a claim, another State may, in respect of damage sustained in its
territory by any natural or juridical person, present a claim to a launching
State.
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3.
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If neither the State of nationality nor the
State in whose territory the damage was sustained has presented a claim or
notified its intention of presenting a claim, another State may, in respect
of damage sustained by its permanent residents, present a claim to a
launching State.
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Article
IX
A claim for compensation for damage shall be
presented 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 present its claim to that launching State or otherwise
represent its interests under this Convention. It may also present 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.
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A claim for compensation for damage may be
presented 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.
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2.
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If, however, a State does not know of the
occurrence of the damage or has not been able to identify the launching State
which is liable, it may present a claim within one year following the date on
which it learned of the aforementioned 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 exercise of
due diligence.
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3.
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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 entitled to
revise 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.
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Article
XI
1.
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Presentation 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 represents.
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2.
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Nothing in this Convention shall prevent a
State, or natural or juridical persons it might represent, from pursuing a
claim in the courts or administrative tribunals or agencies of a launching
State. A State shall not, however, be entitled to present a claim under this
Convention in respect of the same damage for which a claim is being pursued
in the courts or administrative tribunals or agencies of a launching State or
under another international agreement which is binding on the States
concerned.
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Article
XII
The compensation which the launching State
shall be liable to pay for damage under this Convention shall be determined in
accordance with international 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 whose
behalf the claim is presented to the condition which would have existed if the
damage had not occurred.
Article
XIII
Unless the claimant State and the State from
which compensation is due under this Convention agree on another form of
compensation, the compensation 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 settlement of a claim is arrived at
through diplomatic negotiations as provided for in article IX, within one year
from the date on which the claimant State notifies the launching State that it
has submitted the documentation of its claim, the parties concerned shall
establish a Claims Commission at the request of either party.
Article
XV
1.
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The Claims Commission shall be composed of
three members: one appointed by the claimant State, one appointed by the
launching State and the third member, the Chairman, to be chosen by both
parties jointly. Each party shall make its appointment within two months of
the request for the establishment of the Claims Commission.
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2.
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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.
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Article
XVI
1.
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If one of the parties does not make its
appointment within the stipulated period, the Chairman shall, at the request
of the other party, constitute a single-member Claims Commission.
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2.
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Any vacancy which may arise in the
Commission for whatever reason shall be filled by the same procedure adopted
for the original appointment.
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3.
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The Commission shall determine its own
procedure.
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4.
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The Commission shall determine the place or
places where it shall sit and all other administrative matters.
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5.
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Except in the case of decisions and awards
by a single-member Commission, all decisions and awards of the Commission
shall be by majority vote.
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Article
XVII
No increase 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 case 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.
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The Claims Commission shall act in
accordance with the provisions of article XII.
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2.
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The decision of the Commission shall be
final and binding if the parties have so agreed; otherwise 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.
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3.
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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.
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4.
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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.
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Article
XX
The expenses in regard to the Claims
Commission shall be borne equally by the parties, unless otherwise decided by
the Commission.
Article
XXI
If the damage caused by a space object
presents a large-scale danger to human life or seriously interferes with the
living conditions of the population or the functioning of vital centres, the
States Parties, and in particular the launching State, shall examine the
possibility of rendering appropriate and rapid assistance to the State which
has suffered the damage, when it so requests. However, nothing in this article
shall affect the rights or obligations of the States Parties under this
Convention.
Article
XXII
1.
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In this Convention, with the exception of
articles XXIV to XXVII, references to States shall be deemed to apply to any
international intergovernmental organization which conducts space activities
if the organization declares its acceptance of the rights and obligations
provided for in this Convention and if a majority of the States members of
the organization are States Parties to this Convention and to the Treaty on
Principles Governing the Activities of States in the Exploration and Use of
Outer Space, including the Moon and Other Celestial Bodies.
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2.
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States members of any such organization
which are States Parties to this Convention shall take all appropriate steps
to ensure that the organization makes a declaration in accordance with the
preceding paragraph.
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3.
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If an international intergovernmental
organization is liable for damage by virtue of the provisions of this
Convention, that organization and those of its members which are States
Parties to this Convention shall be jointly and severally liable; provided,
however, that:
(a)
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Any claim for compensation in respect of
such damage shall be first presented to the organization;
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(b)
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Only where the organization has not paid,
within a period of six months, any sum agreed or determined to be due as
compensation for such damage, may the claimant State invoke the liability of
the members which are States Parties to this Convention for the payment of
that sum.
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4.
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Any claim, pursuant to the provisions of
this Convention, for compensation in respect of damage caused to an
organization which has made a declaration in accordance with paragraph 1 of
this article shall be presented by a State member of the organization which
is a State Party to this Convention.
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Article
XXIII
1.
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The provisions of this Convention shall not
affect other international agreements in force insofar as relations between
the States Parties to such agreements are concerned.
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2.
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No provision of this Convention shall
prevent States from concluding international agreements reaffirming,
supplementing or extending its provisions.
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Article
XXIV
1.
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This Convention shall be open to all States
for signature. Any State which does not sign this Convention before its entry
into force in accordance with paragraph 3 of this article may accede to it at
any time.
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2.
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This Convention shall be subject to
ratification by signatory States. Instruments of ratification and instruments
of accession shall be deposited with the Governments of the Union of Soviet
Socialist Republics, the United Kingdom of Great Britain and Northern Ireland
and the United States of America, which are hereby designated the Depositary
Governments.
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3.
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This Convention shall enter into force on
the deposit of the fifth instrument of ratification.
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4.
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For States whose instruments of ratification
or accession are deposited subsequent to the entry into force of this
Convention, it shall enter into force on the date of the deposit of their
instruments of ratification or accession.
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5.
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The Depositary Governments shall promptly inform
all signatory and acceding States of the date of each signature, the date of
deposit of each instrument of ratification of and accession to this
Convention, the date of its entry into force and other notices.
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6.
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This Convention shall be registered by the
Depositary Governments pursuant to Article 102 of the Charter of the United
Nations.
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Article
XXV
Any State Party to this Convention may propose
amendments to this Convention. Amendments shall enter into force for each State
Party to the Convention accepting the amendments upon their acceptance by a
majority of the States Parties to the Convention and thereafter for each
remaining State Party to the Convention on the date of acceptance by it.
Article
XXVI
Ten years after the entry into force of this
Convention, the question of the review of this Convention shall be included in
the provisional agenda of the United Nations General Assembly in order to
consider, in the light of past application of the Convention, whether it
requires revision. However, at any time after the Convention has been in force
for five years, and at the request of one third of the States Parties to the
Convention, and with the concurrence of the majority of the States Parties, a
conference of the States Parties shall be convened to review this Convention.
Article
XXVII
Any State Party to this Convention may give
notice of its withdrawal from the Convention one year after its entry into
force by written notification to the Depositary Governments. Such withdrawal
shall take effect one year from the date of receipt of this notification.
Article
XXVIII
This Convention, of which the Chinese,
English, French, Russian and Spanish texts are equally authentic, shall be
deposited in the archives of the Depositary Governments. Duly certified copies
of this Convention shall be transmitted by the Depositary Governments to the
Governments of the signatory and acceding States.
In witness
whereof the undersigned, duly authorized thereto, have
signed this Convention.
Done in triplicate, at the cities of London, Moscow and Washington, D.C.,
this twenty-ninth day of March, one thousand nine hundred and seventy-two.
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