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GENERAL 

ASSEMBLY A/AC.105/C.2/L.7/Eeva 

1 October 1964 

ENGLISH 

ORIGINAL: ?H 

COMMITTEE ON Tax PEACetUL. USES OF OUTER SPACE 

Leen1 Sub-Committee 

BEIZEDI: PROPOSAL FOR A CONVaTION ON TEE DEIFICATION OF 

CE RAM RULES GOVERSING LIABMITY FOR DA261GE CAUSED BY 

SPACE DEVI= 

(Revision of Working Paper A/AC.105/C.211•.7) 

The contracting Parties, 

Recalling the federation of Legal Principles Governing the Activities of 

States in the Exploration and Use of Outer Space adopted by the General Aseeubly 

of the United Nations on 13 December 1963 and embodied in resolution 1962. (XIT), 

Recognizing that activities in the exploration and peaceful uses of outer 

apace may from time to time result in damge, 

Pecoenizing the need to establish rules governing liability with a view to 

ensuring that compensatioe is paid for damage thus caused, 

egreed, as follows: 

Article 1 

"Damage" shall be understood to mean any loss for rich cempensation say be 

claimed under the national law of the injured person, as well as judicial and 

legal costs and interest. 

"Launching" shall be understood to mean an attempted lauedhing or a 

launching operation proper, whether or not it fulfils the expectations of those 

responsible therefor. 

"Person" shall be understood to mean any indivival or publiceor private 

_eorporation within the meaning of the national law of the person in vestion. 

"Proparte shall be understood to mean any movable or imnovable property. 

—611-a3422 
Affle'iNI:MTPIEflfM4A. Ezl mzu" 

Pa.EA 2 

"Territory of a State" Shall be understood to mean the land areas of that 

State, ite territorial and adjacent waters, ships flying its flag and aircraft 

registered there. 

"Space device" shall be understood to mean any device intended to move in 

apace and sustained there by means other than the reaction of air, as well as the 

eaalement used for the launching and propulsion of the device. 

"Aeplicant State" &tall be understood to mean the State which has been 

injured or Whose nationals or permanent residents have been injured, and which 

presents a claim for compensaticn. 

Article 2 

The provisions of this Convention shall apply to compensation for dame. 

cause' to persons or property by a space device or space devices. They shall 

not apply to compensation for damage caused in the territory (i) of the State 

from which the device or devices are launched, (ii) of the State which claims 

ownerehip or co-ownership thereof, (iii) of the State, whose flag is flown by the 

device or devices. 

Article 3 

The following shall be held liable for damage within the meaning of 

article 1, at the Choice of the applicant State; there being no joint liability 

or solidarity: 

The State in whose territory the space device was launched, or 

The State Whose flag the space de,Jice flies; or 

The State or States which claim for themselves or for their nationals the 

ownership or co-ownership of the apace device. 

Article 4 

The occurrence of the event caueieg the damsos shall create a liability for 

compensation once proof has been given that there is a relationship of cause and 

effect between the damage, on the one hand, and the launching, motion or descent 

of all or part of the apace device, on the other hand. 
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pa 3 

The presence or absence of a relationship of cense and effect shall be 

determined in accordance with the national law of the person injured. 

Article 5 

The extent of the liability fOr compenoation 41=11 be determined in 

accordance with the provisions of the national law of the person injured, taking 

into account his Gulps. late, if any. 

"Nips late shall be understood to moan any act or omission perpetrated 

either with intent to cause damage or rashly and in full knowledge that damage 

will probably result. 

, 

Article 6 

(a) Within twelve months after the infliction of the dame or after th 

identification of the State liable under article 2, the applicant State shall 

present through the diplomatic channel, to the State which it holds liable, all 

claims for compensation concerning itself and its nationals and. residents. 

(b) the applicant State or a person represented by it brings an action for 

to pensation before the Courts or administrative organs of the State receiving the 

claim, it shall not at the same time present a claim for compenaation for the same 

damage under the provisions of this Convention. The said provisions shall not 

be considered to require, by implication, the prior exhaustion of such remedies 

as may exist under the rules of ordinary law in the State receiving the claim. 

(c) If the State receiving the claim has not taken, within six months after. 

being approached, a decision considered satisfactory by the applicant State, the 

latter may have recourse to arbitration. 

Within ninety days of the date of the request addresaed to it by the 

applicant State, the State receiving the claim shall appoint one arbitrator, the 

applicant State shall appoint a second and the President of the International 

Zourt of Justice a 'third. If the State receiving the claim fails to appoint its 

arbitrator within, the prescribed period, the person appointed by the President 

aef the International Court of Justice shall be the sole arbitrator. 
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The Arbitration Commission t3hill tale its decisions according to law. apd by 

majority vote. It shall make an award within six months after the date 'of its 

establishment and its decisions shall be binding. 

(d) Sums due in compensation for dAmage °ball be fixed and payable either in the 

currency of the applicant State or in a freely transferable currency. 

(e) The periods specified in this article shall not be subject to interruption 

orounpension. -71 

(f) There shall be joinder of claims where there is more than one applicant \ -7 

vo-) 

in respect of damage due to the same event or where more than one State is 1 wee‘i 

liable and the damage was caused by more than one space 'device. 

Article 7 

This Convention shall be open for signature by States Members of the United 

Nations or of any of the specialized agencies or parties to the Statute of the 

International Court of Justice, and by any other State invited by the Generl 

Assembly of the United Nations to become a Party to the Convention. An tate q 

which does not sign this Convention may accede to it at any time. 

This Convention cbed] be subject to ratification or approval by signatory 

States. Instrumenta of ratification or anprOvai and tastrurxatt of accession 

shall be deposited withthe Secretary-General of the United Nations. 

This Convention shall enter into force thirty days after the date of the 

deposit of three instrumenta of ratification, approval or accession. For each 

State which deposits its instrument of ratification, approval or accession after 

the entry into force provided for in the preceding paragraph, this Convention 

shall enter into force on the date of deposit of such instrument. 

PM= 

Article 8 

Each Contracting Party may notify the Secretary-General -of the United Nations 

of its withdrawal from this Convention not less than five years after its entry. 

into force. Such withdrawal shall take effect one year after receipt of the 

notice which must be in writing. Such withdrawal shall not relieve the 

'Contracting Party concerned of any obligation or liability arising from damage 

inflicted before its withdrawal taXes effect. 
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PaP 5 

Ariicie 

This Convention maybe amended or supplemented at the preposal of one or more 

Contracting Parties. Such amendments shall take the form of additional protocols 

'which shall be binding on such Contracting Parties as ratify, approve or accede 

to teem. Such protocols shall enter into force When the majoritar of the 

Contracting Parties to this'Convention have thus accepted them. 

Article 10 

The Secretary-General of the United Nations shall inform signatory States, 

and those which ratify, approve or accede to this Convention, of signatures, 

the deposit of instruments of ratification, approval or accession, the entry into 

force of this Convention, proposals for amendmente, notifications of acceptance of 

additional protocols, and notices of withdrawal. 

Article U 

This Convention, of which the Chinese, English, Frendhl Russian and Spanish 

texts are equally authentic, shall be deposited with the Secretary-General of the 

United Nations, who shall send certified true copies to all signatory States and 

to any State Member of the United Nations which so requests. 

In witness whereof the undersisned, being duly authorized, have sigma 

this Convention. 

Done at on 

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