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Law-ref.org | Convention on International Liability for Damage Caused by Space Objects |
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... (c) The term "launching State" means: ...
... 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. ...
... 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. ...
... 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. ...
... 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: ...
... 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: ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...
... 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. ...