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1591 OF 2012
(November 20)
Official Journal No. 48,620 of 20 November 2012
CONGRESS OF THE REPUBLIC
By means of which the "Convention on International Liability for Damage Caused by Space Objects" is approved, made in Washington, London and Moscow, on March 29, 1972.
THE CONGRESS OF THE REPUBLIC
Having regard to the text of the "Convention on International Liability for Damage Caused by Space Objects", made in Washington, London and Moscow, on March 29, 1972.
(To be transcribed: A faithful and complete photocopy is attached in Spanish of the precious international instrument, taken from the original text that rests in the Archives of the Directorate of International Legal Affairs of the Ministry of Relations Exteriors, which consists of seventeen (17) folios).
CONVENTION ON INTERNATIONAL LIABILITY FOR DAMAGE CAUSED BY SPACE OBJECTS
States Parties to this Convention,
Recognizing the general interest of all humanity in promoting the exploration and use of outer space for peaceful purposes.
Remembering the Treaty on the principles that should govern the activities of States in the exploration and use of outer space, including the Moon and other celestial bodies,
Taking into consideration that, despite the precautionary measures to be taken by States and international intergovernmental organizations involved in the launch of space objects, such objects may occasionally be cause damage,
Recognising the need to develop effective international standards and procedures on liability for damage caused by space objects and in particular to ensure rapid payment, in accordance with the provisions of this Convention, of full and equitable compensation to the victims of such damages,
Convinced that the establishment of these rules and procedures will contribute to strengthening international cooperation in the field of the exploration and use of outer space for peaceful purposes,
Have agreed to the following:
For the purposes of this Convention:
(a) "harm" means the loss of human life, bodily injury or other harm to health, as well as the loss of property or damage to property of states or natural or moral persons, or of organisations intergovernmental international;
b) The term "launch" will also denote any launch attempt;
c) "Launch State" means:
i) a State that launches or promotes the launch of a spatial object;
(ii) a State from whose territory or from whose facilities a spatial object is launched;
d) The term "spatial object" shall also denote the component parts of a spatial object, as well as the propellant vehicle and its parts.
A launch state will have absolute responsibility and will respond to damage caused by a spatial object of its own on the Earth's surface or aircraft in flight.
When the damage suffered outside the surface of the Earth by a spatial object of a launching State, or by persons or goods on board that space object, is caused by a spatial object of another State of launch, this Last State shall be responsible only where the damage has occurred because of the fault or the fault of the persons responsible.
1. When damage to the space object of a launching State, or to persons or goods on board that space object, is caused by a spatial object of a launching State, it is caused by a spatial object of another State of launch, and when If damage is caused for a third State or for its natural or moral persons, the first two States shall be jointly and severally liable to that third State, as follows:
(a) If the damage has been caused to the third State on the Earth's surface or has been caused to aircraft in flight, its liability to that third State shall be absolute;
(b) If the damage has been caused to a space object of a third State, or to the persons or goods on board that space object, outside the surface of the Earth, the liability to that third State shall be based on the fault of the either of the first two States or in the fault of the persons responsible for any of them.
2. In all the cases of joint liability mentioned in paragraph 1 of this article, the burden of compensation for damages shall be divided between the first two States according to the degree of the respective fault; if it is not possible to determine the degree the burden of the compensation shall be divided equally between them, from the fault of each of those States. Such distribution shall not affect the right of the third State to claim full compensation under this Convention, to any of the launching States that are jointly and severally liable.
1. If two or more States jointly launch a space object, they will be jointly and severally liable for the damage caused.
2. A State of launch which has paid the compensation for damages shall have the right to repeat against the other participants in the joint launch. The participants in the joint launch will be able to conclude agreements on the distribution of the financial burden with respect to which they are jointly responsible. Such agreements shall not affect the right of a State which has suffered damages to claim its full compensation, in accordance with this Convention, to any or all of the launching States which are jointly and severally liable.
3. A State from whose territory or facilities a spatial object is launched shall be considered as a participant in a joint launch.
1. Subject to the provisions of paragraph 2 of this Article, a State of launch shall be exempt from absolute liability in so far as it demonstrates that the damage is wholly or partly the result of gross negligence or an act of omission committed with the intention of causing damage by a claimant State or natural or moral persons to whom the latter State represents.
2. No exemption shall be granted in cases where damage is the result of activities carried out by a launching State in which international law is not respected, including, in particular, the Charter of the United Nations and the Treaty on the principles to govern 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 from the launching State to:
a) Nationals of that launch state;
(b) Nationals of a foreign country as long as they participate in the operations of that spatial object from the time of its launch or at any subsequent stage to its descent, or as long as they are in the immediate vicinity of the area intended for launch or recovery, as a result of an invitation from that State of launch.
1. A State that has suffered damages, or whose natural or moral persons have suffered damages, may submit a claim for such damages to a State of launch.
2. If the State of nationality of the persons concerned has not lodged a complaint, another State may lodge a claim with a State of launch in respect of damage to its territory by any natural or moral person.
3. If neither the State of nationality of the persons concerned nor the State in whose territory the damage has occurred have lodged a complaint or notified its intention to do so, another State may submit to a State of launch a claim for damages suffered by their permanent residents.
Damage compensation claims will be submitted to the State of launch by diplomatic route. Where a State does not maintain diplomatic relations with a State of launch, it may ask another State to submit its claim to that State of launch or otherwise represent its interests under this Convention. You may also submit your complaint through the Secretary-General of the United Nations, provided that the requesting State and the State of Launch are both Members of the United Nations.
1. The claim for damages may be submitted to a launching State at the latest within one year of the date on which the damage occurs or where the State of launch has been identified. responsible.
2. However, if the State has not been aware of the production of the damage or has not been able to identify the State of launch, it may submit the complaint within one year from the date on which it reaches its knowledge. facts; however, in no case shall that period be longer than one year from the date on which it could reasonably be expected that the State would have become aware of the facts by exercising due diligence.
3. The time limits referred to in paragraphs 1 and 2 of this Article shall apply even if the full extent of the damage is not known. In this case, however, the applicant State shall have the right to review the complaint and to submit additional documentation after the expiry of that period, up to a year after the full extent of the damage is known.
1. In order to submit to a State of launch a claim for damages under this Convention it shall not be necessary to have exhausted the local resources available to the applicant State or to the natural or legal persons who this represents.
2. Nothing in this Convention shall prevent a State, or a natural or moral person to whom it represents, from making its claim to the courts or to the courts or administrative bodies of the State of launch. A State may not, however, make claims under this Convention for the same damages in respect of which a complaint is being dealt with in the courts or in the courts or administrative bodies of the State. launch, or in accordance with any other international agreement obliging the States concerned.
The compensation under this Convention shall be liable to pay the State of launch for the damage caused shall be determined in accordance with international law and the principles of justice and equity, in order to repair such damages such that the person, physical or moral, is referred to the State or the international organisation in whose name the claim is lodged in the condition that the damage would have occurred.
Unless the claimant State and the State which is required to pay compensation under this Convention agree to another form of compensation, the latter shall be paid in the currency of the claimant State or, if that State so requests, in the currency of the State to pay compensation.
If a claim cannot be resolved through diplomatic negotiations, as provided for in Article 9or, within one year of the date on which the requesting State has notified the State The parties concerned shall, at the request of any of them, constitute a Claims Commission.
1. The Committee on Claims shall consist of three members: one appointed by the applicant State, one appointed by the launching State and the third member, its President, jointly chosen by both parties. Each party shall make its appointment within two months of the request for the establishment of the Claims Commission.
2. If an agreement is not reached with regard to the selection of the President within 4 months of the request for the establishment of the Commission, either party may request the Secretary-General of the United Nations to appoint the President on a new deadline of 2 months.
1. If one of the parties does not proceed to the appointment which falls within the time limit set, the President, at the request of the other party, shall, on its own, constitute the Committee on Claims.
2. Any vacancy which is for any reason within the Commission shall be covered by the same procedure as the first appointment.
3. The Commission shall determine its own procedure.
4. The Commission shall determine the place or places to meet and resolve all other administrative matters.
5. With the exception of Commission awards and decisions made up of a single member, all Commission decisions and decisions shall be taken by a majority of votes.
The number of members of the Claims Commission will not increase when 2 or more applicant states or launch states are parties jointly in the same actions before the Commission. The applicant States acting jointly shall collectively appoint a member of the Commission in the same manner and subject to the same conditions as in the case of a single applicant State. Where 2 or more launching States act jointly, they shall appoint a member of the Commission collectively and in the same way. If the applicant States or the launching States do not make the appointment within the time limit set, the President shall constitute the Commission alone.
The Claims Commission will decide the basis of the compensation claim and determine, where appropriate, the amount of the compensation payable.
1. The Claims Commission shall act in accordance with the provisions of Article 12.
2. The Commission's decision shall be binding and binding if the parties have so agreed; otherwise, the Commission shall make a final award which shall be of a recommendation and the parties shall be in good faith. The commission shall state the reasons for its decision or award.
3. The Commission shall make its decision or award as soon as possible and no later than 1 year from the date of its establishment unless the Commission considers it necessary to extend that period.
4. The Commission shall publish its decision or award. It shall issue a certified copy of its decision or award to each of the parties and to the Secretary-General of the United Nations.
The costs of the Claims Commission will be divided equally between the parties, unless the Commission decides otherwise.
If damage caused by a spatial object constitutes a danger, on a large scale, to human lives or seriously compromises the living conditions of the population or the functioning of the vital centers, the States Parties, and in The State of launch shall examine the possibility of providing appropriate and rapid assistance to the State which has suffered the damage, where it so requests. However, the provisions of this Article shall not prejudice the rights or obligations of States Parties under this Convention.
1. In this Convention, except for Articles XXIV to XXVII, the references to States shall be understood to apply to any international intergovernmental organisation engaged in space activities if it declares that it accepts the rights and obligations provided for in this Convention and if a majority of its Member States are States Parties to that Convention and the Treaty on the principles to govern the activities of States in the exploration and use of Outer space, even the Moon and other celestial bodies.
2. Member States of such an organisation which are States Parties to this Convention shall take all appropriate measures to ensure that the organisation makes a declaration in accordance with the preceding paragraph.
3. If an international intergovernmental organisation is liable for damages under the provisions of this Convention, that organisation and its members which are States Parties to this Convention shall be jointly and severally liable, considering however:
(a) That the claim for compensation must first be filed against the organization;
(b) That only if the organisation ceases to pay within a period of 6 months the amount agreed or which has been fixed as compensation for the damages, may the claimant State invoke the responsibility of the members who are States Parties to the this Convention for the purposes of payment of that amount.
4. Any claim for compensation which, in accordance with the provisions of this Convention, is caused by damage to an organisation which has made a declaration pursuant to paragraph 1 of this Article shall be filed by a Member State of the organisation which is a State Party to this Convention.
1. The provisions of this Convention shall not affect the other international agreements in force in relations between the States Parties to those agreements.
2. Nothing in this Convention may prevent States from concluding international agreements confirming, supplementing or developing their provisions.
1. This Convention shall be open for signature by all States. The 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.
2. This Convention shall be subject to ratification by the signatory States. The instruments of ratification and the instruments of accession shall be delivered to the governments of the United States of America, the United Kingdom of Great Britain and Northern Ireland and the Union of Soviet Socialist Republics. which are hereby designated as depositary governments.
3. This Convention shall enter into force when the fifth instrument of ratification is deposited.
4. For States whose instruments of ratification or accession are deposited after the entry into force of this Convention, the Convention shall enter into force on the date of the deposit of its instruments of ratification or accession.
5. The Depositary Governments shall inform all the signatory States and all States which have acceded to this Convention, of the date of each signature, of the date of deposit of each instrument of ratification and accession to this Convention without delay. Convention, the date of its entry into force and any other notification.
6. This Convention shall be registered by the Depositary Governments in accordance with Article 102 of the Charter of the United Nations.
Any State Party to this Convention may propose amendments thereto. The amendments shall enter into force for each State Party to the Convention which shall accept them when they have been accepted by the majority of the States Parties to the Convention, and thereafter for each remaining State Party to the Convention in the Convention. the date you accept them.
Ten years after the entry into force of this Convention, the question of a further examination of this Convention shall be included in the provisional programme of the United Nations General Assembly in order to examine, in the light of the foregoing implementation of the Convention if it is necessary to review it. However, at any time once the Convention has been in force for 5 years, at the request of a third of the States Parties to this Convention and with the assent of most of them, a conference of the States Parties shall be convened. to review this Convention.
Any State Party may communicate its withdrawal from this Convention within 1 year of its entry into force by written notification to the Depositary Governments. Such withdrawal shall take effect 1 year after the date on which the notification is received.
This Convention, whose texts in English, Russian, French, Spanish and Chinese are equally authentic, shall be deposited in the archives of the depositary governments. The depositary governments shall send duly certified copies of this Convention to the governments of the signatory States and to the States acceding to the Convention.
IN WITNESS WHEREOF the undersigned, duly authorized, have signed this Convention.
DONE in triple, at the cities of Washington, London and Moscow, this twenty-ninth day of March, one thousand nine hundred and seven-two.
IN TESTIMONY OF WHICH, the undersigned, duly authorized, sign this Convention.
FACT in three copies in the cities of Washington, London and Moscow, the twenty-ninth day of March of a thousand nine hundred and seventy-two.
The undersigned Coordinator of the Internal Working Group of the Treaties of the International Legal Affairs Directorate of the Ministry of Foreign Affairs of the Republic of Colombia,
CERTIFIES:
That the reproduction of the text above is a faithful and complete copy of the Spanish language version of the "Convention on International Liability for Damage Caused by Space Objects" made in Washington, London and Moscow, on March 29, 2001. 1972, a document that is based on the files of the Internal Working Group of the International Legal Affairs Directorate of this Ministry.
Dada in Bogota, D.C., at two (6) days of the month of July of two thousand eleven (2011).
The Coordinator of the Internal Treaty Working Group, Directorate of International Legal Affairs,
ALEJANDRA VALENCIA GARTNER.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., July 19, 2011
Authorized. Submit to the consideration of the honorable Congress of the Republic for the constitutional effects.
(Fdo.) JUAN MANUEL SANTOS CALDERÓN.
The Deputy Minister of Multilateral Affairs, in charge of the functions of the Office of the Minister of Foreign Affairs,
(Fdo.) Patti Londono Jaramillo.
DECRETA:
Article 1o. I endorsed the "Convention on International Liability for Damage Caused by Space Objects", made in Washington, London and Moscow, on March 29, 1972.
Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Convention on the International Liability for Damage Caused by Space Objects", made in Washington, London and Moscow, on March 29, 1972, which was of this law shall be adopted, shall bind the country from the date on which the international link with respect to it is perfected.
Article 3o. This law governs from the date of its publication.
Dada en Bogotá, D. C., a los ...
Presented to the honorable Congress of the Republic by the Minister of Foreign Affairs and the Minister of Information and Communications Technologies.
The Foreign Minister,
MARIA ANGELA HOLGUIN HANG.
The Minister of Information and Communications Technologies,
DIEGO MOLANO VEGA.
EXECUTIVE BRANCH OF PUBLIC POWER
PRESIDENCY OF THE REPUBLIC
Bogotá, D. C., July 19, 2011
Authorized. Submit to the consideration of the honorable Congress of the Republic for the constitutional effects.
(Fdo.) JUAN MANUEL SANTOS CALDERÓN
The Deputy Minister for Multilateral Affairs, Charged with the Duties of the Foreign Minister's Office,
(Fdo.) Patti Londono Jaramillo.
DECRETA:
Article 1o. I endorsed the "Convention on International Liability for Damage Caused by Space Objects", made in Washington, London and Moscow, on March 29, 1972.
Article 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the "Convention on the International Liability for Damage Caused by Space Objects", made in Washington, London and Moscow, on March 29, 1972, which was of this law shall be adopted, shall bind the country from the date on which the international link with respect to it is perfected.
Article 3o. This law governs from the date of its publication.
The Vice President of the honorable Senate of the Republic,
GUILLERMO GARCIA REALPE.
The Secretary General of the honorable Senate of the Republic,
GREGORIO ELJACH PACHECO.
The President of the honorable House of Representatives,
AUGUSTO POSADA SANCHEZ.
The Secretary General (e) of the honourable House of Representatives,
MARINE FLOWER DAZA RAMIREZ.
COLOMBIA-NATIONAL GOVERNMENT
Communicate and comply.
Execute, upon revision of the Constitutional Court, in accordance with Article 241-10 of the Political Constitution.
Dada in Bogotá, D. C., on November 20, 2012.
JUAN MANUEL SANTOS CALDERÓN
The Foreign Minister,
MARIA ANGELA HOLGUIN HANG.
The Deputy Minister of Technology, Information and Communications, who is in charge of the Office of the Minister for Technology, Information and Communications,
MARIA CAROLINA HOYOS TURBAY.
