Convention on International Liability for Damage Caused by Space Objects 2

Article VII. The provisions of this Convention shall not apply to damage
caused 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 whose natural or
juridical persons suffer damage, may present to a launching State a claim
for compensation for such damage.

2. 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.

3. 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.

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. 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.

2. 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.

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 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.

Article XI. 1. 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.

2. 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.

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 organisation 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. 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.

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.

Author: international

Mentioned in these Entries

Convention on International Liability for Damage Caused by Space Objects.