Convention on International Liability for Damage Caused by Space Objects

The 1972 Space Liability Convention establishes rules for compensating damage caused by a state's space objects. It creates a two-tier regime: absolute liability for damage on Earth or to aircraft in flight, and fault-based liability for damage occurring elsewhere, including in outer space.

Scope and responsible state

Liability attaches to the launching State, meaning a state that launches or procures the launching of a space object, or from whose territory or facility it is launched.

• Damage includes loss of life, personal injury or impairment of health, and loss of or damage to property of states, persons and international intergovernmental organizations.
• A space object includes its component parts, launch vehicle and parts of the launch vehicle.

Two standards of liability

• Under Article II, a launching state is absolutely liable for damage caused by its space object on the Earth's surface or to aircraft in flight; proof of fault is unnecessary.
• Under Article III, damage to another state's space object, or to persons or property aboard it, outside the Earth's surface attracts liability only when caused by the launching state's fault or the fault of persons for whom it is responsible.
• When two or more states jointly launch a space object, Article V makes them jointly and severally liable, while permitting contribution arrangements among themselves.

Claims and compensation

The Convention primarily provides a state-to-state claims procedure, although access to domestic courts remains available.

• A claim is generally presented through diplomatic channels and must ordinarily be made within one year of learning of the damage and identifying the liable launching state.
• If diplomatic settlement fails, the parties may establish a Claims Commission; its decision is final and binding only when the parties have so agreed, otherwise it is recommendatory.
• Compensation is determined according to international law and the principles of justice and equity, with the aim of restoring the claimant to the condition that would have existed without the damage.

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