Decree of the Minister for Foreign Affairs No. 58 / 1977 Coll.
Decree of the Minister for Foreign Affairs on the Convention on International Liability for Damage to Space Objects
Valid
Effective from 08.09.1976
58
DECLARATION
Minister for Foreign Affairs
of 29 July 1977
concerning the Convention on International Liability for Damage Caused by Space Objects
On 29 March 1972, the Convention on International Liability for Damage to Space Objects was signed in London, Moscow and Washington.
The Convention was approved by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Republic. The instruments of ratification were deposited with the depositories of the Convention, the Governments of the United Kingdom of Great Britain and Northern Ireland, the United States of America and the Union of Soviet Socialist Republics.
The Convention entered into force on 30 August 1972 and 8 September 1976 for the Czechoslovak Socialist Republic on the basis of Article XXIV thereof.
The Czech translation of the text of the Convention is announced simultaneously.
First Deputy Minister:
Krajčir v. r.
CONVENTION
on international liability for damage caused by space objects
States Parties to this Convention,
recognising the common interest of all mankind in the progress of research and use of space for peaceful purposes,
Reminds of the Treaty on the Principles of State Activity in the Research and Use of Space, including the Moon and other celestial bodies,
Considering that, despite the security measures to be taken by States and international intergovernmental organisations dealing with space launch, these objects may sometimes cause damage,
Recognising the need to develop effective international rules and procedures on liability for damage caused by space objects and in particular to ensure the rapid payment of full and fair compensation to victims of such damage,
Considers that the provisions of these rules and procedures will contribute to strengthening international cooperation in research and use of space for peaceful purposes,
agree on the following:
For the purposes of this Convention:
(a) the term "damage" shall mean loss of life, physical damage or other harm, or loss or damage to the property of States or persons, natural or legal, or property of international intergovernmental organisations;
(b) the term "release" includes an attempt to release;
(c) the term "discharging State" means:
1. a state which releases or provides for the launch of a cosmic object;
2. the State from whose territory or facility the space object is released;
(d) the term "space object" includes components of a space object as well as means of transport of the space object and its parts.
The discharging state is absolutely responsible for paying compensation for damage caused by its cosmic object on the surface of the Earth or aircraft in flight.
If the damage is caused by a space object of one discharging state or persons or property on board that space object by a space object of another discharging state other than the surface of the Earth, the latter State shall be liable only if the damage is caused by its fault or by the persons for whom it is responsible.
1. In the event of damage to a space object of one discharging State or persons or property on board that space object by the space object of another discharging State and damage to a third State or its natural or legal persons, the first two States shall be in solidarity liable to the third State to the following extent:
(a) if the damage was caused by a third State on the surface of the earth or by an aircraft in flight, their liability to the third State shall be absolute;
(b) if the damage was caused to a space object of a third State or to persons or property on board this space object, other than on the surface of the earth, their responsibility to the third State shall be to blame any of the first two States or to blame the persons for whom that State is responsible.
2. In all cases of solidarity as referred to in paragraph 1 of this Article, the burden of compensation shall be shared between the first two States, according to the extent of their fault; where the rate of guilt of each of those States cannot be determined, the burden of compensation shall be shared equally between them. This division is not prejudicial to the right of a third State to claim all the compensation which falls under this Convention from any or all of the discharging States which are in solidarity.
1. If two or more states launch a space object together, they shall be responsible for any damage caused in solidarity.
2. The discharging State which has paid compensation for damage shall have the right to claim compensation from other participants in the joint release. Participants to the joint release may conclude agreements on the mutual distribution of the financial commitment for which they are in solidarity. Such agreements shall not prejudice the right of the State which has suffered damage to claim all the compensation which falls under this Convention from any or all of the discharging States which are in solidarity.
3. The State from whose territory or installation the space object is discharged shall be considered as a participant in the joint launch.
1. Except as provided for in paragraph 2 of this Article, exemption from absolute liability shall be granted to the extent that the State of discharge proves that the damage was, in whole or in part, the result of either gross negligence or conduct or omission which was intended to cause damage on the part of the State submitting the claim or of the natural or legal persons it represents.
2. However, no exemption shall be granted in cases where the damage is caused by an activity carried out by the discharging State which is not in conformity with international law and, in particular, the Charter of the United Nations and the Treaty on the principles of State action in the research and exploitation of space, including the Moon and other celestial bodies.
The provisions of this Convention shall not apply to damage caused by space objects of the discharging State:
(a) a national of that discharging State;
(b) by a foreign national at the time when he is involved in the operation of this space object from the time of its launch or at any later date until its descent, or at the time when they were in the immediate vicinity of the planned discharge or landing area at the invitation of that discharging State.
1. A State which has suffered damage or whose natural or legal persons have suffered damage may give the State of discharge a right to compensation for such damage.
2. If he has not submitted a claim for compensation to a State whose nationality is owned by natural or legal persons, he may submit a claim for compensation to the State of discharge to another State in respect of damage caused in his territory to a natural or legal person.
3. If neither the State whose nationality is owned by natural or legal persons nor the State in whose territory the damage is caused submits a claim for compensation or announces its intention to make a claim, it may submit a claim to the State of discharge to another State for compensation for damage caused to persons domiciled therein.
The right to compensation shall be submitted to the State of discharge by diplomatic means. If the State does not maintain diplomatic relations with the relevant discharging State, it may request another State to present its claim to that discharging State or otherwise to represent its interests under this Convention. It may also lodge a claim through the Secretary-General of the United Nations if the State submitting the claim and the State releasing it are members of the United Nations.
1. A claim for compensation may be submitted to the issuing State no later than one year from the date of the damage or from the designated finding of the executing State responsible for the damage.
2. However, if the State does not know about the damage or could not identify the discharging State responsible for the damage, it may lodge a claim within one year from the date on which it became aware of these facts; However, that period may not in any event exceed one year from the date on which the State could reasonably have become aware of these facts when giving due consideration.
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 State submitting the claim is entitled to revise the claim and to submit additional documentation after the expiry of these deadlines up to one year after the full extent of the damage has been known.
1. The submission of a claim for compensation to the issuing State under this Convention does not require that the State submitting the claim or the natural or legal persons representing it have previously used up the local means of redress that may be available to them.
2. Nothing in this Convention shall prevent the State or natural or legal persons which it may represent from submitting a claim before courts or administrative tribunals or the authorities of the issuing State. However, a State shall not be entitled to lodge a claim under this Convention concerning damage in respect of which it submits a claim before courts or administrative tribunals or the authorities of the executing State or under any other international agreement which obliges the competent States.
The compensation which the discharging State is obliged to pay for damage under this Convention shall be determined in accordance with international law and the principles of justice; as a general rule, such compensation shall be granted for damage, which shall include a natural or legal person, a State or an international organisation whose entitlement is presented, in a state which would have existed had the damage not occurred.
If the State submitting the claim and the State which is to grant the refund under this Convention do not agree on another method of reimbursement, the refund shall be paid in the currency of the State submitting the claim or, if the State so requests, in the currency of the State which is obliged to grant the refund.
If no agreement is reached on entitlement by diplomatic action as provided for in Article IX, within one year of the date on which the State submitting the claim notifies the issuing State that it has submitted documentation of its claim, the parties concerned shall, at the request of either of them, set up a commission for the determination of claims.
1. The Commission shall consist of three members to establish entitlements. One member shall be appointed by the State submitting the claim, the other member shall be appointed by the issuing State, the third member, the President, shall be elected jointly by both parties. Each Party shall make an appropriate appointment within two months of the request for the establishment of a committee to establish entitlements.
2. If no agreement has been reached to elect a President within four months of the request for a commission to establish entitlements, either Party may request the Secretary-General of the United Nations to appoint a Chairman within a further two-month period.
1. If one of the Parties has not made the relevant appointments within the time limit set, the President shall, at the request of the other Party, act alone as a committee of one member to establish entitlements.
2. A vacancy shall be filled, for whatever reason, by the same procedure as that adopted for the initial appointment.
3. The Commission shall establish its own rules of procedure.
4. The Commission shall decide on the place (s) where it will meet and on other administrative matters.
5. Except in the case of decisions and findings made by commissions on a single member, the commission shall take all decisions and findings by a majority vote.
The number of members of the Commission for the Detection of Claims shall not be increased, even if two or more States submitting the claim or dismissing States act jointly in any proceedings before the Commission. States which so jointly submit a claim shall jointly appoint one member of the Commission in the same manner and under the same conditions as when the claim is claimed by one State. If two or more discharging States act together, they shall appoint one member of the Commission jointly. If the Member State submitting the claim or dismissing the Member State of appointment does not carry out it within the prescribed time limit, the President shall act as a commission on a single member.
The Commission shall decide on the nature of the entitlement to the refund in order to establish entitlements and, if the refund is to be paid, determine the amount.
1. The Commission shall act in accordance with the provisions of Article XII to establish entitlements.
2. The decision of the Commission shall be final and binding if the Parties so agree; otherwise the commission shall issue a final finding having the character of a recommendation which they shall take honestly into account. The Commission shall declare the reasons for its decision or finding.
3. The Commission shall issue its decision or finding as quickly as possible and no later than one year after the date of its establishment, unless the Commission finds that this period must be extended.
4. The Commission shall publish its decision or find. It shall issue a certified copy of its decision or finding to each of the Parties as well as to the Secretary-General of the United Nations.
The costs of the Commission for the determination of claims shall be borne by the parties equally, unless the Commission decides otherwise.
If the damage caused by the space object poses a threat to human life on a large scale, or seriously affects the living conditions of the population or the activity of vital centres, the Contracting States, and in particular the discharging State, shall examine the possibility of providing adequate and rapid assistance to the State that has suffered the damage if requested. However, nothing in this Article shall affect the rights or obligations of the Contracting States under this Convention.
1. With the exception of Articles XXIV and XXVII, the provisions of this Convention relating to States shall be considered to apply to any international intergovernmental organisation which carries out space activities if the organisation declares that it accepts the rights and obligations foreseen in this Convention and if the majority of the Member States of the organisation are parties to this Convention and the Treaty on the Principles of State Action in the Research and Use of Space, including the Moon and other celestial bodies.
2. Member States of any such organisation which is a party to this Convention shall take all appropriate steps to ensure that the organisation makes the declaration referred to in the previous paragraph.
3. Where an international intergovernmental organisation is responsible for damage under the provisions of this Convention, that organisation and those of its Member States which are members of this Convention shall be liable in solidarity, provided that:
(a) any claim for compensation for such damage shall first be submitted to the organisation;
(b) and only if the organisation has not paid within six months an agreed or determined amount as compensation for such damage, the State submitting the claim may rely on the liability of the Member States Parties to this Convention to pay that amount.
4. Any claim under the provisions of this Convention for compensation for damage caused by an organisation which has made a declaration pursuant to paragraph 1 of this Article shall be submitted by the Member State of that organisation which is a party to this Convention.
1. The provisions of this Convention shall be without prejudice to other international agreements in force as regards relations between the States Parties.
2. Nothing in this Convention shall prevent States from concluding international agreements confirming, supplementing or extending its provisions.
1. This Convention shall be open for signature by all States. Any State which does not sign this Convention before it enters into force under paragraph 3 of this Article may accede at any time.
2. This Convention shall be subject to ratification by the signatory States. The instruments of ratification and accession will 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, which are thus established by depository 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 accession will be deposited and after this Convention enters into force, it shall apply from the date of deposit of their instrument of ratification or accession.
5. The depositary Governments shall immediately inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification and of access to this Convention, the date of its entry into force and other notifications.
6. This Convention shall be registered by depository governments in accordance with Article 102 of the Charter of the United Nations.
Any State Party may propose amendments to this Convention. The amendments shall enter into force for each Contracting State which adopts those amendments as from the date on which they are adopted by a majority of the Contracting States and thereafter for each other Contracting State from the date on which they are adopted.
Ten years after the entry into force of this Convention, the issue of revision of this Convention will be placed on the provisional agenda of the General Assembly of the United Nations in order to assess whether it requires revision in the light of the present implementation of this Convention. However, any time after the Convention has been in force for five years and at the request of one third of the States Parties and with the agreement of most Contracting States, the Conference of the Contracting States for the revision of the Convention shall be convened.
Any State party to this Convention may, by written notification, notify its denunciation to the Depositary Governments of the Convention one year after it enters into force. This statement shall take effect one year from the date of receipt of this notification.
This Convention, whose English, Chinese, French, Spanish and Russian versions are equally authentic, will be deposited in the archives of the depository governments. The appropriate certified copies of this Convention shall be transmitted by the depository governments to the governments of the signatory and acceding States.
To prove it, they signed this convention, duly authorized, these signatures.
Done in triplicate in the cities of London, Moscow and Washington, on the twenty-ninth of March in the year one thousand and ninety-seven.
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Regulation Information
| Citation | Decree of the Minister of Foreign Affairs No. 58 / 1977 Coll., on the Convention on International Liability for Damage to Space Objects |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.09.1977 |
|---|---|
| Effective from | 08.09.1976 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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