Key Benefits:
Original text
(Status on 15 June 2015)
The States Parties to this Convention,
Recognizing the common interest of mankind as a whole to promote the exploration and use of outer space for peaceful purposes,
Recalling the Treaty 2 On the principles governing the activities of States in the exploration and use of outer space, including the Moon and other celestial bodies,
Taking into account that, despite the precautionary measures to be taken by States and international intergovernmental organizations engaged in the launching of space objects, such objects may cause damage,
Recognizing the need to develop effective international rules and procedures relating to liability for damage caused by space objects and to ensure, in particular, prompt payment, under this Comprehensive and equitable compensation to the victims of such damages,
Convinced that the establishment of such rules and procedures will contribute to strengthening international cooperation in the field of exploration and use of outer space for peaceful purposes,
Agreed to the following:
For the purposes of this Convention,
A launching State has the absolute responsibility to pay compensation for damage caused by its space object to the surface of the Earth or to aircraft in flight.
In the case of damage caused, other than on the surface of the Earth, to a space object of a launching State or to persons or property on board such a space object, by a space object of another launching State, the latter State shall not be Liability only if the damage is attributable to his or her fault or to the fault of the persons to be answered.
1. In the case of damage caused, other than on the surface of the Earth, to a space object of a launching State or to persons or goods on board such a space object, by a space object of another launching State, and in the case of Damage caused by this fact to a third State or to natural or legal persons governed by it, the first two States shall be jointly and severally liable to the third State within the limits set out below:
2. In all cases of joint and several liability provided for in s. 1 of this Article, the burden of compensation for damage shall be apportioned between the first two States according to the extent to which they were in fault; if it is impossible to establish to what extent each of those States was in fault, the burden The repair is evenly distributed to each other. This allocation may not affect the right of the third State to seek to obtain from any of the launching States or launching States that are jointly and severally liable for the full and full reparation due under the Present Convention.
When two or more States jointly launch a space object, they are jointly and severally liable for any damage that may result.
2. A launching State which has repaired the damage has a right of appeal against the other participants in the joint launch. The participants in the joint launch may conclude agreements on the allocation of the financial burden for which they are jointly and severally liable. Such agreements shall not affect the right of a State to which damage has been caused to seek to obtain from any of the launching States or launching States that are jointly and severally liable for the full and full reparation By virtue of this Convention.
3. A State whose territory or facilities are used to launch a space object shall be deemed to be participating in a joint launch.
1. Subject to the provisions of subs. 2 of this Article, a launching State shall be exempt from absolute liability in so far as it establishes that the damage is, in whole or in part, the result of a gross negligence or of an act or omission committed with the intention of provoing a Damage, on the part of a requesting State or of natural or legal persons that the latter State represents.
2. No exemption, regardless of whether the damage is caused by the activities of a launching State which are not in conformity with international law, including, in particular, the Charter of the United Nations 1 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:
(1) A State which is injured or whose natural or legal persons are injured may submit to a launching State an application for compensation for that damage.
2. If the State of which the natural or legal persons possess the nationality has not submitted an application for compensation, another State may, by reason of damage suffered on its territory by a natural or legal person, submit an application to a State Of launch.
3. If neither the State of which the natural or legal persons possess the nationality nor the State in whose territory the damage has been suffered has submitted an application for compensation or notified their intention to submit an application, another State may, at Reason for the damage suffered by its permanent residents, apply to a launching State.
The request for compensation is presented to the launching State through diplomatic channels. Any State which does not have diplomatic relations with that launching State may request a third State to submit its application and to represent in any other way its interests under this Convention with that launching State. It may also submit its request through the Secretary-General of the United Nations, provided that the requesting State and the launching State are both Members of the United Nations.
1. The request for compensation may be submitted to the launching State within one year from the date on which the damage occurred or from the identification of the launching State which is responsible.
2. If, however, a State is not aware of the fact that the damage has occurred or has not been able to identify the State, which is responsible, its application shall be admissible within one year of the date on which it becomes aware of the facts However, the time limit shall not in any case exceed one year from the date on which the State, acting with all due diligence, could reasonably have been deemed to have been aware of the facts.
3. The time limits specified in s. 1 and 2 of this Article shall apply even if the extent of the damage is not exactly known. In such cases, however, the requesting State has the right to revise its application and to submit additional documents beyond the specified time limit, until the expiry of a period of one year from the moment when the extent of the damage is exactly known.
1. The submission of an application for reparation to the launching State under this Convention does not require the prior exhaustion of domestic remedies which would be open to the requesting State or to natural or legal persons whose Represents interest.
(2) Nothing in this Convention shall prevent a State or a natural or legal person from making an application to the judicial authorities or to the administrative bodies of a launching State. However, a State does not have the right to submit an application under this Convention because of an injury in respect of which an application has already been made to the judicial authorities or to the administrative bodies of a State of Launch, or in accordance with another international agreement by which the States concerned are bound.
The amount of the reparation that the launching State will be required to pay for damage in accordance with this Convention shall be determined in accordance with international law and the principles of justice and equity, in such a way that the reparation For damage shall be such as to restore the person, natural or legal entity, the State or the applicant international organization in the situation that would have existed if the damage had not occurred.
Unless the requesting State and the State which is required to repair under this Convention agree to another method of reparation, the amount of the repair shall be paid in the currency of the requesting State or, at the request of the requesting State, in the The currency of the State which is required to make good the damage.
If, within a period of one year from the date on which the requesting State notified the launching State that it has submitted the supporting documents of its application, an application for compensation is not settled by way of diplomatic negotiations, Art. IX, the interested parties are, on the request of one of the parties, a Claims Resolution Commission.
The Commission for the Settlement of Applications shall consist of three members: a member appointed by the requesting State, a member appointed by the launching State and the third member, the President, chosen by mutual agreement of both parties. Each Party shall make such designation within two months of the request for the establishment of the Claims Settlement Commission.
2. If no agreement is reached on the choice of the President within four months of the request for the appointment of the Commission, either party may request the Secretary-General of the United Nations to appoint the President within a further two months.
(1) If one of the parties does not, within the prescribed period, make the designation which is the responsibility of the other party, the President, on the request of the other party, shall, on its own, constitute the Commission for the Settlement of Applications.
(2) If, for any reason, a vacancy occurs in the Commission, it shall be filled in accordance with the procedure adopted for the initial designation.
3. The Commission shall determine its own procedure.
4. The Commission shall decide on the place or places where it is based, as well as any other administrative matters.
5. With the exception of decisions and awards in cases where the Commission is composed of only one member, all decisions and awards of the Commission shall be made by a majority.
The composition of the Commission for the settlement of applications is not extended by the fact that two or more requesting States or two or more launching States are parties to proceedings before it. The requesting States parties to such proceedings shall jointly appoint a member of the Commission in the same manner and under the same conditions as if there were only one requesting State. If two or more launching States are parties to such a procedure, they shall jointly appoint a member of the Commission in the same way. If the requesting States or the launching States do not carry out, within the prescribed time limits, the designation for which they are responsible, the President shall constitute the Commission alone,
The Claims Resolution Board shall decide on the merits of the claim for compensation and fix, where applicable, the amount of compensation to be paid.
1. The Claims Resolution Board shall act in accordance with the provisions of s. XII.
2. The decision of the Commission shall be final and binding if the parties have so agreed; otherwise, the Commission shall make a final award, which the parties shall take into account in good faith. The Commission shall give reasons for its decision or award.
3. The Commission shall render its decision or award as soon as possible and no later than one year from the date on which it was constituted, unless the Commission considers it necessary to extend the time limit.
4. The Commission shall make public its decision or award. It shall, in fact, keep a certified copy thereof to each of the parties and to the Secretary-General of the United Nations.
Expenses related to the Claims Commission shall be apportioned equally between the parties, unless the Commission decides otherwise.
If the damage caused by a space object endangings, on a large scale, human lives or seriously compromises the living conditions of the population or the functioning of vital centres, the States Parties, and in particular the launching State, Examine the possibility of providing appropriate and prompt assistance to the State that has suffered the damage, when the latter makes the request. This Article, however, is without prejudice to the rights and obligations of States Parties under this Convention.
1. In this Convention, with the exception of Art. XXIV to XXVII, references to States shall apply to any international intergovernmental organization engaged in space activities, if that organization declares to accept the rights and obligations provided for in this Convention And if the majority of the member States of the Organization are States Parties to this Convention 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.
(2) The member States of such an organization which are States Parties to this Convention shall make all necessary arrangements for the organization to make a declaration in accordance with the preceding paragraph.
(3) If an international intergovernmental organization is liable for damage under the provisions of this Convention, that organization and those of its members who are States party to this Convention shall be jointly and severally However, it is understood that:
4. Any request for compensation made in accordance with the provisions of this Convention for the damage caused to an organization that has made a declaration in accordance with par. 1 of this Article shall be presented by a Member State of the organisation which is a State Party to this Convention.
The provisions of this Convention shall not affect any other international agreements in force in the relations between the States Parties to those agreements.
(2) Nothing in this Convention shall prevent States from entering into international agreements confirming, supplementing or developing its provisions.
(1) This Convention shall be open for signature by all States. Any State which has not signed this Convention before its entry into force in accordance with paragraph 1. 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 instruments of accession shall be deposited with the Governments of the United States of America, the United Kingdom of Great Britain and Northern Ireland, the Union of Soviet Socialist Republics, which are thus Designated as depositary governments.
(3) This Convention shall enter into force on the date of the deposit of the fifth instrument of ratification.
4. For States whose instruments of ratification or accession shall be deposited after the entry into force of this Convention, this Convention shall enter into force on the date of deposit of their instruments of ratification or accession.
5. Depositary Governments shall promptly inform all States which have signed or acceded to this Convention on the date of each signature, of the date of deposit of each instrument of ratification of this Convention or Accession to this Convention, the date of entry into force of the Convention, and any other communication.
6. This Convention shall be registered by the Depositary Governments in accordance with Art. 102 of the United Nations Charter 1 .
Any State Party to this Convention may propose amendments to the Convention. The amendments shall take effect in respect of each State Party to the Convention accepting the amendments as soon as they have been accepted by the majority of the States Parties to the Convention and, thereafter, for each of the other States Parties to the Convention Convention, on the date of its acceptance of the said amendments.
Ten years after the entry into force of this Convention, the question of the consideration of the Convention shall be included in the provisional agenda of the General Assembly of the United Nations to consider, in the light of The implementation of the Convention during the period, if it calls for a review. However, five years after the date of entry into force of the Convention, a conference of the States Parties to the Convention shall be convened, at the request of one third of the States Parties to the Convention, and with the consent of the majority of them, in order to Review this Convention.
Any State Party to this Convention may, one year after the entry into force of the Convention, communicate its intention to cease to be a Party by means of a written notification addressed to the depositary Governments. Such notification shall take effect one year after the date on which it is received.
This Convention, of which the English, Russian, French, Spanish and Chinese texts are equally authentic, shall be deposited in the archives of the Depositary Governments. Duly certified copies of this Convention shall be sent by the Depositary Governments to the Governments of the States which have signed or acceded to the Convention.
In witness whereof, The undersigned, duly authorized to that effect, have signed this Convention.
Done in three copies, in London, Moscow and Washington, March 29, 1972.
(Suivent signatures)
States Parties |
Ratification Accession (A) Statement of Succession (S) |
Entry into force |
||
South Africa |
14 December |
2011 |
14 December |
2011 |
European Space Agency (ESA) |
23 September |
1976 A |
23 September |
1976 |
Algeria |
17 October |
2006 |
17 October |
2006 |
Germany |
18 December |
1975 A |
18 December |
1975 |
Antigua and Barbuda |
26 December |
1988 S |
1 Er November |
1981 |
Saudi Arabia |
17 December |
1976 A |
17 December |
1976 |
Argentina |
14 November |
1986 |
14 November |
1986 |
Australia |
20 January |
1975 A |
20 January |
1975 |
Austria * |
10 January |
1980 |
10 January |
1980 |
Belarus |
27 December |
1973 |
27 December |
1973 |
Belgium |
13 August |
1976 |
13 August |
1976 |
Benin |
April 25 |
1975 |
April 25 |
1975 |
Bosnia and Herzegovina |
August 15 |
1994 S |
6 March |
1992 |
Botswana |
March 11 |
1974 |
March 11 |
1974 |
Brazil |
March 9 |
1973 |
March 9 |
1973 |
Bulgaria |
May 16 |
1972 |
1 Er September |
1972 |
Canada * |
20 February |
1975 A |
20 February |
1975 |
Chile |
1 Er December |
1976 A |
1 Er December |
1976 |
China * |
20 December |
1988 A |
20 December |
1988 |
Hong Kong A |
3 June |
1997 |
1 Er July |
1997 |
Cyprus |
15 May |
1973 |
15 May |
1973 |
Colombia |
July 2 |
2014 |
July 2 |
2014 |
Korea (South) * |
14 January |
1980 |
14 January |
1980 |
Cuba |
25 November |
1982 A |
25 November |
1982 |
Denmark * |
1 Er April |
1977 |
1 Er April |
1977 |
United Arab Emirates |
4 October |
2000 A |
4 October |
2000 |
Ecuador |
August 17 |
1972 |
1 Er September |
1972 |
Spain |
2 January |
1980 |
2 January |
1980 |
United States |
9 October |
1973 |
9 October |
1973 |
EUMETSAT |
29 September |
2005 |
29 September |
2005 |
Fiji |
April 4 |
1973 A |
April 4 |
1973 |
Finland * |
1 Er February |
1977 |
1 Er February |
1977 |
France |
31 December |
1975 A |
31 December |
1975 |
Gabon |
5 February |
1982 A |
5 February |
1982 |
Greece |
April 27 |
1977 |
April 27 |
1977 |
Hungary |
27 December |
1972 |
27 December |
1972 |
India |
July 9 |
1979 A |
July 9 |
1979 |
Indonesia |
18 June |
1996 A |
18 June |
1996 |
Iran |
13 February |
1974 |
13 February |
1974 |
Iraq |
4 October |
1972 A |
4 October |
1972 |
Ireland * |
29 June |
1972 |
1 Er September |
1972 |
Israel |
21 June |
1977 A |
21 June |
1977 |
Italy |
22 February |
1983 |
22 February |
1983 |
Japan |
20 June |
1983 A |
20 June |
1983 |
Kazakhstan |
July 11 |
1998 A |
July 11 |
1998 |
Kenya |
September 25 |
1975 A |
September 25 |
1975 |
Kuwait * |
30 October |
1972 |
30 October |
1972 |
Laos |
20 March |
1973 |
20 March |
1973 |
Lebanon |
23 May |
2006 |
23 May |
2006 |
Libya |
20 April |
2010 A |
20 April |
2010 |
Liechtenstein |
24 December |
1979 A |
24 December |
1979 |
Lithuania |
25 March |
2013 A |
25 March |
2013 |
Luxembourg |
18 October |
1983 |
18 October |
1983 |
Mali |
9 June |
1972 |
1 Er September |
1972 |
Malta |
13 January |
1978 A |
13 January |
1978 |
Morocco |
15 March |
1983 |
15 March |
1983 |
Mexico |
April 8 |
1974 |
April 8 |
1974 |
Mongolia |
September 5 |
1972 |
September 5 |
1972 |
Montenegro |
9 January |
2007 S |
3 June |
2006 |
Niger |
1 Er September |
1972 |
1 Er September |
1972 |
Nigeria |
21 December |
2005 A |
21 December |
2005 |
Norway |
3 April |
1995 |
3 April |
1995 |
New Zealand * |
30 October |
1974 |
30 October |
1974 |
European Satellite Communications Organisation (EUTELSAT) |
30 November |
1987 |
30 November |
1987 |
Pakistan |
April 4 |
1973 |
April 4 |
1973 |
Panama |
5 June |
1974 |
5 June |
1974 |
Papua New Guinea |
27 October |
1980 S |
16 September |
1975 |
Netherlands |
17 February |
1981 A |
17 February |
1981 |
Aruba |
17 February |
1981 |
17 February |
1981 |
Curaçao |
17 February |
1981 |
17 February |
1981 |
Caribbean (Bonaire, Sint Eustatius and Saba) |
17 February |
1981 |
17 February |
1981 |
Sint Maarten |
17 February |
1981 |
17 February |
1981 |
Peru |
6 November |
2002 |
6 November |
2002 |
Poland |
25 January |
1973 |
25 January |
1973 |
Qatar |
11 January |
1974 A |
11 January |
1974 |
Dominican Republic |
23 February |
1973 |
23 February |
1973 |
Czech Republic |
24 September |
1993 S |
1 Er January |
1993 |
Romania |
March 5 |
1980 |
March 5 |
1980 |
United Kingdom * |
9 October |
1973 |
9 October |
1973 |
Anguilla |
9 October |
1973 A |
9 October |
1973 |
Territories under territorial sovereignty of the United Kingdom |
9 October |
1973 A |
9 October |
1973 |
Russia * * |
9 October |
1973 |
9 October |
1973 |
Saint Vincent and the Grenadines |
13 May |
1999 A |
13 May |
1999 |
Senegal |
26 March |
1975 |
26 March |
1975 |
Serbia |
20 October |
1975 A |
20 October |
1975 |
Seychelles |
5 January |
1978 A |
5 January |
1978 |
Singapore |
19 August |
1975 |
19 August |
1975 |
Slovakia |
7 April |
2006 S |
1 Er January |
1993 |
Slovenia |
27 May |
1992 S |
25 June |
1991 |
Sri Lanka |
April 9 |
1973 A |
April 9 |
1973 |
Sweden * |
14 June |
1976 A |
14 June |
1976 |
Switzerland |
22 January |
1974 |
22 January |
1974 |
Syria |
February 6 |
1980 A |
February 6 |
1980 |
Togo |
April 26 |
1976 |
April 26 |
1976 |
Trinidad and Tobago |
February 8 |
1980 A |
February 8 |
1980 |
Tunisia |
18 May |
1973 |
18 May |
1973 |
Turkey * |
February 15 |
2007 A |
February 15 |
2007 |
Ukraine |
October 16 |
1973 |
October 16 |
1973 |
Uruguay |
7 January |
1977 A |
7 January |
1977 |
Venezuela |
1 Er August |
1978 |
1 Er August |
1978 |
Zambia |
August 20 |
1973 A |
August 20 |
1973 |
|
||||
A From 9 October. 1973 to 30 June 1997, the Convention was applicable to Hong Kong on the basis of a territorial extension of the United Kingdom. From 1 Er July 1997, Hong Kong became a Special Administrative Region (SAR) of the People's Republic of China. By virtue of the Chinese declaration of 11 June 1997, the Convention is also applicable to the Hong Kong SAR from 1 Er July 1997. |
1 Art. 1 al. 1 of the AF of 26 Nov 1973 (RO 1974 783)
2 RS 0.790
3 RO 1974 793, 1976 1862, 1979 1861, 1982 260, 1983 1324, 1985 1693, 1987 1219, 1990 1996, 2005 2085, 2007 2055, 2012 431, 2015 2575. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).