Convention on International Liability for Damage Caused by Space Objects

 
ENTERED INTO FORCE: 1 September 1972

The States Parties to this Convention,

Recognising 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
organisations 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 co-operation 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) 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 organisations;

(b) The term “launching”includes attempted launching;

(c) The term “launching State”means:

(i) a state which launches or procures the launching of a space
object;
(ii) a State from whose 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 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 in 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. 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) 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;

(b) 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.

2. 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.

Article V. 1. Whenever two or more States jointly launch a space object,
they shall be jointly and severally liable for any damage caused.

2. 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.

3. A State from whose territory or facility a space object is
launched shall be regarded as a participant 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 cause damage on the part of a claimant State or of natural or
juridical persons it represents.

2. 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.

Author: international

Mentioned in these Entries

Atmosphere and Space conventions, Aviation and Outerspace Conventions, Charter of the United Nations, Convention on International Liability for Damage Caused by Space Objects 2, Convention on International Liability for Damage Caused by Space Objects 3, Conventions: Chronological Index 1971-1990, Exploration and Use of Outer Space, Including the Moon.