58/1977 Sb.
DECREE
Minister of Foreign Affairs
of 29 April 2004. July 1977
on the Convention on international liability for damage caused by space
objects
29 April 2004. March 1972 was in London, Moscow and Washington DC signed
The Convention on international liability for damage caused by space
objects.
With the Convention have expressed their approval of the Federal Assembly of the Czechoslovak
Socialist Republic and the president of the Republic has ratified it.
The instruments of ratification were deposited with the depositary of the Convention, the Governments of the United
Kingdom of Great Britain and Northern Ireland, United States of America
and the Union of Soviet Socialist Republics.
Convention entered into force, pursuant to Article XXIV of the day 30. August
1972 and for the Czechoslovak Socialist Republic on 8 July 2006. September 1976.
Czech translation of the text of the Convention shall be published at the same time.
First Deputy Minister of:
V.r. Krajčír
CONVENTION
on the international liability for damage caused by space objects
States that are parties to this Convention,
Recognizing the common interest of all mankind in the progress in the research and
the use of outer space for peaceful purposes,
Recalling the Treaty on principles of activities of States in the research and use of
outer space, including the Moon and other celestial bodies,
considering that, despite the security measures, designed to perform
States and international intergovernmental organizations dealing with discharges
cosmic objects, these objects can sometimes cause damage
Recognizing the need to develop effective international rules and procedures
concerning liability for damage caused by space objects and the
in particular, according to the provisions of this Convention to ensure quick payment of the full and
of fair compensation to the victims of such damage,
Judging that the provisions of these rules and procedures will contribute to the strengthening of the
international cooperation in research and use of outer space to
peaceful purposes,
they agree on this:
Article. (I)
For the purposes of this Convention:
and) expression "damage" means loss of life, bodily harm or other
bodily harm, or loss of or damage to property of States or people
natural or juridical, or property of international intergovernmental
organisations;
(b)) the term "discharge" includes a deletion attempt;
(c)), the term "deleting the State" means:
1. the State, which deletes or takes care of the deletion of the cosmic object,
2. the State from whose territory or facility a space object is launched;
(d)) the term "space object" includes component parts of the space object, as well as
and means of transport of the space object and its parts.
Article II
Deleting the State is absolutely liable to pay compensation for the damage
caused by its space object on the surface of the Earth or to aircraft in
flight.
Article. (III)
If the damage is caused by cosmic object one vypouštějícího State
or persons or property on Board of this cosmic object space
Another vypouštějícího State elsewhere than on the surface of the Earth is
the latter State is responsible only if the damage was his fault
or the fault of persons for whom he is responsible.
Article IV
1. In the case of damage caused elsewhere than on the surface of the Earth cosmic
one vypouštějícího object state or persons or property on board
This cosmic space object of another vypouštějícího
the State and the damage this caused to a third State or to its natural or
legal persons are the first two States jointly responsible to the third
State in this range:
and) if damage is caused to a third State on the surface of the Earth or to aircraft
in flight, it is their responsibility to a third State the absolute;
(b)) if the damage caused by a space object of a third State, or to persons
or property on board the space object elsewhere than on the surface
Countries, based on their responsibility to a third State fault
any of the first two States or the fault of persons for whom this
State responsible.
2. In all cases of joint liability referred to in paragraph 1
This article, the burden of compensation for the damage to be apportioned between the first two States,
According to their degree of culpability; If the degree of responsibility of each of the
These States cannot be established, the burden of compensation between them equal
the work. This Division does not prejudice the right of a third State to claim the full
the refund, which belong under this Convention from any or all of the
discharging States that correspond to solidarity.
Article. In
1. Deleted-If two or more States of the aerospace object together,
responsible for any damage caused in solidarity.
2. Deleting the State which pays compensation for damage, has the right to
to submit a claim for compensation to the other participants to do the deletion.
The participants of the common deletion may conclude agreements on mutual
the distribution of the financial commitment for which they are jointly and severally responsible. These
Agreement shall not prejudice the right of the State which suffered damage, the claim of the entire
the refund, which belong under this Convention from any or all of the
discharging States that correspond to solidarity.
3. the State from whose territory or facility a space object is deleted,
considered to be a participant of the joint release.
Čl.VI
1. With the exception of the provisions of paragraph 2 of this article shall be granted
exemption from strict liability, to the extent in which the discharging State
It proves that the damage was wholly or partly the result of either gross negligence
or acts or omissions that occurred with the intent to cause damage to the
the State referring a claim, or the natural or legal persons,
that it represents.
2. Any exemption, however, does not provide for cases in which the damage
the activities carried out by the State was dumping, which is not in conformity with the
international law and, in particular, with the Charter of the United Nations and
The Treaty on the principles of the activities of States in the research and exploitation of space
space, including the Moon and other celestial bodies.
Article. (VII)
The provisions of this Convention shall not apply to damage caused by cosmic
vypouštějícího objects of the State:
and this national vypouštějícího) State;
(b)) a foreign national at the time, in which are involved in the operation of the
This space object from the time of its deletion or at any time
later, until its descent, or the time in which they were in the immediate
the neighbourhood of the planned landing area of the drain or on the invitation of
This vypouštějícího State.
Article. (VIII)
1. A State which has suffered the damage or the natural or legal persons
suffer damage, vypouštějícímu State may submit a claim for
This damage.
2. If entitlement to the refund has not submitted State whose nationality
they have a natural or legal person may submit to the vypouštějícímu State
claim for other State in respect of damage caused to its territory
natural or legal person.
3. If neither the State whose nationality they have physical or
entity, or the State in whose territory the damage was caused by,
do not submit a claim for, or has notified its intention to claim,
may submit a claim to another State vypouštějícímu State, on compensation for
damage caused by persons who have a permanent seat.
Article. (IX)
A claim for compensation shall be submitted to the State's diplomatic vypouštějícímu
along the way. If the State does not hold with the dumping State
diplomatic relations, may request another State to submit its claim
This vypouštějícímu State or otherwise represent its interests under this
of the Convention. You may also submit a claim through the Secretary-General of the
The United Nations, if the State referring the claim and
deleting the State are members of the United Nations.
Article. X
1. A claim for compensation may be submitted to vypouštějícímu State
no later than one year from the date of the damage or from the nominal detection
vypouštějícího of the State, which is responsible for the damage.
2. However, if the State does not know about the occurrence of the damage or could not figure
deleting the State which is responsible for the damage, it may submit the claim to the
one year after the date on which the facts learned; This
However, the period may in no case exceed one year from the day on which the
the State according to a reasonable assumption could with appropriate
attention on these facts to learn.
3. the time limits referred to in paragraphs 1 and 2 of this article shall apply even if
the full extent of the damage will not be known. In this case, however, the State
referring a claim authorized to review the claim and submit additional
the documentation after the expiry of those time limits until one year after the
I know the whole extent of the damage.
Article. XI
1. submission of a claim for damages vypouštějícímu State pursuant to this
the Convention does not require that the State referring a claim or natural or
the legal entity which it represents, exhausted before local resources to
the remedy that may be available to you.
2. Nothing in this Convention shall prevent a State or of natural or legal persons,
that may represent, to submit a claim before the courts or administrative
tribunals or authorities of the vypouštějícího State. However, the State is not entitled to
to present a claim under this Convention relating to damages in respect of which
submit a claim before the courts or administrative tribunals or authorities
vypouštějícího State or under another international agreement that commits
the relevant States.
Article. (XII)
Compensation that is deleting the State must pay for the damage in accordance with
This Convention shall be determined in accordance with international law and the principles of
Justice; as a rule, such compensation shall be granted for the damage, which
indicate the physical or legal person, a State or an international organization,
the claim is presented to the condition which would have existed if they had been
the damage occurred.
Article. XIII
If a State referring a claim and State under this Convention
provide compensation for, agree on another form of compensation is payable
refund in the currency of the State of the national is entitled or, if requested by the
the State, in the currency of the State which is obliged to provide compensation.
Article. XIV
If no agreement is reached on the claim diplomacy, as laid down
Article IX, within one year from the date on which the State referring a claim shall notify the
vypouštějícímu state that has submitted the documentation of its claim, shall establish
the parties at the request of any one of them to the Commission for the detection of
claims.
Article. XV
1. the Commission for the detection of entitlements shall consist of three members. One member of the
appointed by the State, the second member of the referring the claim shall be appointed by deleting the
State, the third member, the Chairman, is elected jointly by the parties.
Each Party shall carry out the appropriate appointment within two months after it was
asked about the establishment of a Commission for the determination of the claims.
2. If there is no agreement on the choice of the Chairman within four months after it was
request for the establishment of a Commission for the determination of rights, either of the two
the parties request the Secretary-General of the United Nations, in order to
named Chairman in the next two months.
Article. XVI
1. Does nothing if one of the parties concerned within a specified period appointment,
will be at the request of the other party, the President of the Act itself as a single-person
the Commission for establishing entitlements.
# 2, which in the Commission for any reason, releases, consumption
the same procedure was adopted for the original appointment.
3. the Commission shall establish its own rules.
4. the Commission shall decide on the place or places where it will be in session, and on the other
administrative matters.
5. Except in the case of decisions and awards made by the Commission on a single Member
the Commission shall take all decisions and findings by majority vote.
Article. XVII
The number of members of the Commission for establishing entitlements does not increase even if two or more
States submitting a claim or discharging States in
any proceedings before the Commission together. States which together
the claim shall be submitted, together shall appoint one member of the Commission in the manner and for the
the same conditions as in the case when the claim is made by a State.
They perform together as two or more States shall appoint discharging
together in the same way, one member of the Commission. If States fail to
submitting a claim or deleting the States within a specified appointment
the time limit, the President of the Commission about a single member.
Article. XVIII
The findings of the Commission decides on the merits of the claim claims for compensation, and
If the refund is to be paid, determine its amount.
Article. XIX
1. the Commission for the detection of claims under the provisions of article XII.
2. The Commission's decision is final and binding if the parties
agree; otherwise, the Commission will issue a final finding of having the nature of recommendations,
that take into consideration the honestly. Commission announces the reasons for its decision
or award.
3. the Commission shall issue its decision or award as quickly as possible and
no later than one year from the date of its establishment, if the Commission finds
It is necessary to extend this period.
4. the Commission shall publish its decision or award. Shall issue a certified copy of your
the decision or award to each of the parties, as well as the Secretary-General of the
Of the United Nations.
Article. XX
The costs of the Commission for establishing entitlements will be borne by the parties equally, if
the Commission decides otherwise.
Article. XXI
If the damage caused by cosmic object is a threat to human
lives on a large scale, or seriously disrupts the living conditions
the population or an activity of vital important center, will study the
the Contracting States and, in particular, the possibility of discharging State
appropriate and rapid assistance to a State which has suffered the damage, if it
so requests. Nothing in this article does not prejudice the rights or obligations
of the States parties under this Convention.
Article. XXII
1. With the exception of articles XXIV to XXVII and the provisions of this Convention relating to
States will be judged so that it applies to each of the international
intergovernmental organization which conducts space activities if the
the organization declares that it accepts the rights and obligations provided in this
the Convention and if a majority of Member States of the organization formed by this
the Convention and the Treaty on the principles of the activities of States in the research and use of
outer space, including the Moon and other celestial bodies.
2. the Member States of any such organization which are parties to this
Convention, it shall take all appropriate steps to ensure that
the Organization shall make a declaration under the preceding paragraph.
3. If an international intergovernmental organisation responsible for damage to
the basis of the provisions of this Convention, the Organization and those of its
Member States which are members of this Convention, the responsibility of solidarity,
provided, however, that:
and) any claim for such damages will be first submitted to the
the Organization;
(b)), and only if the Organization has not paid, within six months of
the agreed or specified the amount as compensation for this damage, you may be
the national entitlement to invoke responsibility of Member States, which are
Parties to this Convention for the payment of this amount.
4. any claim under the provisions of the Convention on compensation for damage caused
the Organization, which has made a declaration under paragraph 1 of this article,
must be submitted by a Member State of that organization which is party to
of this Convention.
Article. XXIII
1. the provisions of this Convention are without prejudice to other applicable international
agreements, as regards relations between States that are parties to these agreements.
2. nothing in this Convention shall prevent States that have not concluded
international agreements confirming, supplementing or expanding its
provisions.
Article. XXIV
1. this Convention is open for signature by all States. Any State which
does not sign this Convention before it in accordance with paragraph 3 of this article
shall enter into force, it can be accessed at any time.
2. this Convention is subject to ratification of the signatárních States. Instrument of ratification
documents and instruments of accession shall be deposited with the Governments of the United Kingdom
Of Great Britain and Northern Ireland, the Union of Soviet Socialist
republics and the United States of America that are so designated
depozitárními Governments.
3. this Convention shall enter into force after the deposit of the fifth instrument of ratification.
4. For States whose instruments of ratification or instrument of accession will be
stored, and after this Convention enters into force, will apply from the date of
deposit of their instrument of ratification or instrument of accession.
5. the Depository Governments will immediately inform all signatární and
acceding States of the date of each signature, the date of deposit of each
instruments of ratification and instruments of accession to this Convention, on the date of its
entry into force and other notices.
6. This Convention shall be registered with the depozitárními Governments pursuant to article 102
The Charter of the United Nations.
Article. XXV
Any State which is a party to this Convention may propose amendments to this
of the Convention. Changes will be effective for any Contracting State to which these changes
receives, from the moment they are received by the majority of the Contracting States, and then
for each of the other Contracting State the date on which it accepts.
Article. XXVI
Ten years after the entry into force of this Convention, the question of the revision of the
This Convention included in the provisional agenda of the General Assembly
The United Nations, in order to assess, in the light of the current
the implementation of this Convention, whether it requires revision. However, at any time after the
the Convention will be in force for five years, and at the request of one third of the States,
that are parties to this Convention, and, with the consent of the majority of the
States, shall convene a Conference of Contracting States for the revision of this Convention.
Article. XXVII
Any State which is a party to this Convention may by written notification
report depozitárním to the Governments of its denunciation of the Convention one year after the date of entry
force. Such denunciation shall take effect one year after receipt of this
the notification.
Article. XXVIII
This Convention, of which the English, Chinese, French, Spanish and Russian
the texts are equally authentic, shall be deposited in the archives of the depository
Governments. Duly certified copies of this Convention will be depozitárními by the Governments
passed to the Governments of the Member States and signatárních.
On the evidence, have signed this Convention, duly authorized, these
Subscribers.
Given in triplicate in the cities of London, Moscow and Washington DC, the day
this twenty-ninth day of March in the year one thousand devítistého sedmdesátého
the second.
