A/RES/2777(XXVI) GA

Resolutions adopted on the reports of the First Committee 25 19. Requests the Committee on the Peaceful Uses of Outer Space to continue its work as set out in the present resolution and in previous resolutions of the General Assembly and to report to the Assembly at its twenty-seventh session. 1998th plenary meeting, 29 November 1971. 2777 (XXVI). Convention on International Lia■ bility for Damage Caused by Space Objects The General Assembly, Reaffirming the importance of intemational co-oper- ation in the field of the exploration and peaceful uses of outer space, including the Moon and other celestial bodies, and of promoting the law in this new field of human endeavour, Desiring that the rights and obligations pertaining to liability for damage as laid down in the Treaty on Principies Goveming the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies should be elaborated in a separate intemational instrument, Recalllng its resolutions 1963 (XVIII) of 13 De- cember 1963, 2130 (XX) of 21 December 1965, 2222 (XXI) of 19 December 1966, 2345 (XXII) of 19 December 1967, 2453 B (XXIII) of 20 December 1968, 2601 B (XXIV) of 16 December 1969 and 2733 B (XXV) of 16 December 1970 conceming the elabo- ration of an agreement on the liability for damage caused by the launching of objects into outer space, Recalling also that in resolution 2733 B (XXV) it urged the Committee on the Peaceful Uses of Outer Space to reach early agreement on a draft convention on liability, to be submitted to the General Assembly at its twenty-sixth session, embodying the principies of a full measure of compensation to victims and effective procedures which would lead to prompt and equitable settlement of claims, Having considered the report of the Committee on the Peaceful Uses of Outer Space,4 Taking note with appreciation of the work accom- plished by the Committee on the Peaceful Uses of Outer Space, and in particular that of its Legal Sub- Committee, l. Commends the Convention on International Lia- bility for Damage Caused by Space Objects, the text of which is annexed to the present resolution; 2. Requests the depositary govemments to open the Convention for signature and ratification at the earliest possible date; 3. Notes that any State may, on becoming a party t<? t~e C_onventi?n, declare that it will recognize as bmdmg, !n ~elation to a_ny other State accepting the same obligatlon, the dec1s1on of the Claims Commis- sion concerning any dispute to which it may become a party; 4. Expresses its hope for the widest possible ad- herence to this Convention. 1998th plenary meeting, 29 November 1971. 4 Offecial Records of the General Assembly Twenty-sixth Susion, Supplement No. 20 (A/8420). ' ANNEX Convention on lnternational Liability for Damage Caused by Space Objects The States Parties to this Co11vention, Recognizing the common interest of all mankind in fur- thering the exploration and use of outer space for peaceful purposes, Recalling the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, in- cluding the Moon and Other Celestial Bodies, Taking into consideration that, notwithstanding the precau- tionary measures to be taken by States and international intergovernmental organizations involved in the launching of space objects, damage may on occasion be caused by such objects, Recognizing the need to elaborate effective international rules and procedures concerning liability for damage caused by space objects and to ensure, in particular, the prompt payment under the terms of this Convention of a full and equitable measure of compensation to victims of such damage, Believing that the establishment of such rules and proce- dures will contribute to the strengthening of international co- operation in the field of the exploration and use of outer space for peaceful purposes, Have agreed on the fol!owing: ARTICLE I For the purposes of this Convention: (a) Toe term "damage" means loss of life, personal injury or other impairment of health; or loss of or damage to prop- erty of States or of persons, natural or juridical, or property of international intergovernmental organizations; ( b) Toe term "launching" includes attempted launching; (e) Toe term "launching State" means: (i) A State which launches or procures the launching of a space object; (ii) A State from whose territory or facility a space object is launched; (d) Toe term "space object" includes component parts of a space object as well as its launch vehicle and parts theireof. ARTICLE II A launching State shall be absolutely liable to pay com- pensation for damage caused by its space object on the surface of the earth or to aircraft in flight. ARTICLE III In the event of damage being caused elsewhere than on the surface of the earth to a space object of one launching State or to persons or property on board such a space object by a space object of another launching State, the latter shall be liable only if the damage is due to its fault or the fault of persons for whom it is responsible. ARTICLE IV l. In the event of damage being caused elsewhere than on the surface of the earth to a space object of one Iaunching State or to persons or property on board such a space object by a space object of another launching State, and of damage thereby being caused to a third State or to its natural or juridical persons, the first two States shall be jointly and severally liable to the third State, to the extent indicated by the following: (a) lf the damage has been caused to the third State on the surface of the earth or to aircraft in flight, their liability to the third State shall be absolute; ( b) If the damage has been caused to a space object of the third State or to persons or property on board that space object elsewhere than on the surface of the earth, their lia- bility to the third State shall be based on the fault of either of the first two States or on the fault of persons for whom either is responsible. 26 General Assembly-Twenty-sixth Session 2. In all cases of joint and several liability referred to in paragraph 1 of this article, the burden of compensation for the damage shall be apportioned between the first two States in accordance with the extent to which they were at fault; if the extent of the fault of each of these States cannot be established, the burden of compensation shall be apportioned equally between them. Such apportionment shall be without prejudice to the right of the third State to seek the entire compensation due under this Convention from any or all of the launching States which are jointly and severally liable. ARTICLE V l. Whenever two or more States jointly launch a space object, they shall be jointly and severally liable for any dam- age caused. 2. A launching State which has paid compensation for damage shall have the right to present a claim for indemni- fication to other participants in the joint launching. The par- ticipants in a joint launching may conclude agreements re- garding the apportioning among themselves of the financial obligation in respect of which they are jointly and severally liable. Such agreements shall be without prejudice to the right of a State sustaining damage to seek the entire com- pensation due under this Convention from any or all of the launching States which are jointly and severally liable. 3. A State from whose territory or facility a space object is launched shall be regarded as a participant in a joint launching. ARTICLE VI l. Subject to the provisions of paragraph 2 of this article, exoneration from absolute liability shall be granted to the extent that a launching State establishes that the damage has resulted either wholly or partially from gross negligence or from an act or omission done with intent to cause damage on the part of a claimant State or of natural or juridical persons it represents. 2. No exoneration whatever shall be granted in cases where the damage has resulted from activities conducted by a launching State which are not in conformity with inter- national law including, in particular, the Charter of the United Nations and the Treaty on Principies Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies. ARTICLE VII The prov1S1ons of this Convention shall not apply to damage caused by a space object of a launching State to: (a) Nationals of that launching State; (b) Foreign nationals during such time as they are par- ticipating in the operation of that space object from the time of its launching or at any stage thereafter until its descent, or during such time as they are in the immediate vicinity of a planned launching or recovery area as the result of an invitation by that launching State. ARTICLE VIII l. A State which suffers damage, or whose natural or juridical persons suffer damage, may present to a launching State a claim for compensation for such damage. 2. If the State of nationality has not presented a claim, another State may, in respect of damage sustained in its territory by any natural or juridical person, present a claim to a launching State. 3. If neither the State of nationality nor the State in whose territory the damage was sustained has presented a claim or notified its intention of presenting a claim, another State may, in respect of damage sustained by its permanent residents, present a claim to a launching State. ARTICLE IX A claim for compensation for damage shall be presented to a launching State through diplomatic channels. If a State does not maintain diplomatic relations with the launching State concerned, it may request another State to present its claim to that launching State or otherwise represent its in- terests under this Convention. It may also present its claim through the Secretary-General of the United Nations, provided the claimant State and the launching State are both Members of the United Nations. ARTICLE X 1. A claim for compensation for damage may be pre- sented to a launching State not later than one year following the date of the occurrence of the damage or the identification of the launching State which is liable. 2. If, however, a State does not know of the occurrcnce of the damage or has not been able to identify the launching State which is liable, it may present a claim within one year following the date on which it learned of the aforementioned facts; however, this period shall in no event exceed one year following the date on which the State could reasonably be expected to have learned of the facts through the exercise of due diligence. 3. The time-limits specified in paragraphs 1 and 2 of this article shall apply even if the full extent of the damage may not be known. In this event, however, the claimant State shall be entitled to revise the claim and submit additional documentation after the expiration of such time-li.mits until one year after the full extent of the damage is known. ARTICLB XI 1. Presentation of a claim to a launching State for com- pensation for damage under this Convention shall not require the prior exhaustion of any local remedies which may be available to a claimant State or to natural or juridical per- sons it represents. 2. Nothing in this Convention shall prevent a State, or natural or juridical persons it might represent, from pursuing a claim in the courts or administrative tribunals or agencies of a launching State. A State shall not, however, be entitled to present a claim under this Convention in respect of the same damage for which a claim is being pursued in the courts or administrative tribunals or agencies of a launching State or under another international agreement which is bindiog oo the States concerned. ARTICLE XII The compensation which the launching State shall be liable to pay for damage under this Convention shall be determined in accordance with international law and the principies of justice and equity, in order to provide such reparation in respect of the damage as will restore the person, natural or juridical, State or international organizatioo on whose behalf the claim is preseoted to the conditioo which would have existed if the damage had not occurred. ARTICLE XIII Unless the claimant State and the State from which com- pensation is due under this Convention agree on another form of compensation, the compensation shall be paid in the cur- rency of the claimant State or. if that State so requests, in the currency of the State from which compensation is due. ARTICLE XIV If no settlement of a claim is arrived at through diplomatic negotiations as provided for in article IX, within one year from the date on which the claimant State notifies the launching State that it has submitted the documentation of its claim, the parties concerned shall establish a Claims Com- mission at the request of either party. ARTICLE XV l. The Claims Commission shall be composed of three members: one appointed by the claimant State, one appointed Resolutions adopted on the reporta of the First Committee 27 by the Iaunching State and the third member, the Chairman, to be chosen by both parties jointly. Each party shall make its appointment within two months of the request for the establishment of the Claims Commission. 2. If no agreement is reached on the choice of the Chair- man within four months of the request for the establishment of the Commission, either party may request the Secretary- General of the United Nations to appoint the Chairman within a further period of two months. ARTICLE XVI l. If one of the parties does not make its appointment within the stipulated period, the Chairman shall, at the request of the other party, constitute a single-member Claims Com- mission. 2. Any vacancy which may arise in the Commission for whatever reason shall be filled by the same procedure adopted for the original appointment. 3. Toe Commission shall determine its own procedure. 4. Toe Commission shall determine the place or places where it shall sit and all other administrative matters. 5. Except in the case of decisions and awards by a single- member Commission, all decisions and awards of the Com- mission shall be by majority vote. ARTICLE XVII No increase in the membership of the Claims Commission shall take place by reason of two or more claimant States or launching States being joined in any one proceeding before the Commission. Toe claimant States so joined shall collec- tively appoint one member of the Commission in the same manner and subject to the same conditions as would be the case for a single claimant State. When two or more launching States are so joined, they shall collectively appoint one mem- ber of the Commission in the same way. If the claimant States or the launching States do not make the appointment within the stipulated period, the Chairman shall constitute a single-member Commission. ARTICLE XVIII Toe Claims Commission shall decide the merits of the claim for compensation and determine the amount of com- pensation payable, if any. ARTICLE XIX l. Toe Claims Commission shall act in accordance with the provisions of article XII. 2. Toe decision of the Commission shall be final and binding if the parties have so agreed; otherwise the Com- mission shall render a final and recommendatory award, which the parties shall consider in good faith. The Commission shall state the reasons for its decision or award. 3. Toe Commission shall give its decision or award as promptly as possible and no later than one year from the date of its establishment, unless an extension of this period is found necessary by the Commission. 4. The Commission shall make its decision or award public. It shall deliver a certified copy of its decision or award to each of the parties and to the Secretary-General of the United Nations. ARTICLE XX The expenses in regard to the Claims Commission shall be borne equally by the parties, unless otherwise decided by the Commission. ARTICLE XXI If the damage caused by a space object presents a large- scale danger to human life or seriously interferes with the living conditions of the population or the functioning of vital centres, the States Parties, and in particular the Iaunching State, shall examine the possibility of rendering appropriate and rapid assistance to the State which has suffered the dam- age, when it so requests. However, nothing in this article shall affect the rights or obligations of the States Parties under this Convention. ARTICLE XXII 1. In this Convention, with the exception of articles XXIV to XXVII, references to States shall be deemed to apply to any international intergovemmental organization which conducts space activities if the organization declares its accept- ance of the rights and obligations provided for in this Con- vention and if a majority of the States members of the organ- ization are States Parties to this Convention and to the Treaty on Principies Governing the Activities of States in the Ex- ploration and Use of Outer Space, including the Moon and Other Celestial Bodies. 2. States members of any such organization which are States Parties to this Convention shall take all appropriate steps to ensure that the organization makes a declaration in accordance with the preceding paragraph. 3. If an international intergovernmental organization is liable for damage by virtue of the provisions of this Con- vention, that organization and those of its members which are States Parties to this Convention shall be jointly and severally Iiable; provided, however, that: (a) Any claim for compensation in respect of such damage shall be first presented to the organization; ( b) Only where the organization has not paid, within a period of six months, any sum agreed or determined to be due as compensation for such damage, may the claimant State invoke the liability of the members which are States Parties to this Convention for the payment of that sum. 4. Any claim, pursuant to the provisions of this Conven- tion, for compensation in respect of damage caused to an organization which has made a declaration in accordance with paragraph 1 of this article shall be presented by a State member of the organization which is a State Party to this Convention. ARTICLE XXIII 1. Toe provisions of this Convention shall not affect other international agreements in force in so far as relations between the States Parties to such agreements are concerned. 2. No provision of this Convention shall prevent States from concluding international agreements reaffirming, supple- menting or extending its provisions. ARTICLE XXIV l. This Convention shall be open to all States for signature. Any State which does not sign this Convention before its entry into force in accordance with paragraph 3 of this article may accede to it at any time. 2. This Convention shall be subject to ratification by sig- natory States. lnstruments of ratification and instruments of accession shall be deposited with the Governments of the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern lreland and the United States of America, which are hereby designated the Depositary Gov- ernments. 3. This Convention shall enter into force on the deposit of the fifth instrument of ratification. 4. For States whose instruments of ratification or acces- sion are deposited subsequent to the entry into force of this Convention, it shall enter into force on the date of the deposit of their instruments of ratification or accession. 5. Toe Depositary Governments shall promptly inform ali signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification of and accession to this Convention, the date of its entry into force and other notices. 6. This Convention shall be registered by the Depositary Governments pursuant to Article 102 of the Charter of the United Nations. 28 General Assemhly-Twenty-sixth Sessfon ARTICLE XXV Any State Party to this Convention may propose amend- ments to this Convention. Amendments shall enter into force for each State Party to the Convention accepting the amend- ments upon their acceptance by a majority of the States Parties to the Convention and thereafter for each remaining State Party to the Convention on the date of acceptance by it. ARTICLE XXVI Ten years after the entry into force of this Convention, the question of the review of this Convention shall be included in the provisional agenda of the United Nations General Assembly in arder to consider, in the light of past application of the Convention, whether it requires revision. However, at any time after the Convention has been in force for five years, and at the request of one third of the States Parties to the Convention, and with the concurrence of the majority of the States Parties, a conference of the States Parties shall be convened to review this Convention. ARTICLE XXVII Any State Party to this Convention may give notice of its withdrawal from the Convention one year after its entry into force by written notification to the Depositary Governments. Such withdrawal shall take effect one year from the date of receipt of this notification. ARTICLE XXVIII ~is Convention, of which the Chinese, English, French, Russrnn and Spanish texts are equally authentic, shall be de- posited in the archives of the Depositary Governments. Duly certifit:d copies of this Convention shall be transmitted by the Depos1tary Governments to the Governments of the signatory and acceding States. IN WITNESS WHEREOF the undersigned, duly authorized, have signed this Convention. DONE in triplicate, at the cities of London, Moscow and Washington, this .... day of . . . . . . , one thousand nine hundred and .............. . 2778 (XXVI). Convening of the Working Group on Remote Sensing of the Earth by Satellites The General Assembly, Recalling its resolution 2733 C (XXV) of 16 De- cember 1970 in which it requested the Scientific and Technical Sub-Committee of the Committee on the Peaceful Uses of Outer Space, as authorized by the Committee, to determine at what time and in what specific frame of reference a working group on earth resources surveying, with special reference to satellites, should be convened, W elcoming the decision of the Sub-Committee at its eighth session to establish and convene a Working Group on Remate Sensing of the Earth by Satellites, Sharing the view expressed by the Committee on the Peaceful Uses of Outer Space in the report on its fourteenth session that the potential benefits from technological developments in remote sensing of the ~arth from space platf?rms could be extremely mean- mgful for the econorruc development of all countries especially the developing countries, and for the preser~ vation of the global environment, 5 Noting that the Working Group on Remote Sensing of the Earth by Satellites held a first organizational meeting in connexion with the fourteenth session of the Committee on the Peaceful Uses of Outer Space, 11 lbid., para. 10. Looking f orward to the early initiation of the sub- stantive work of the Working Group, keeping in mind that experiments to test the feasibility of remote sensing of the earth from space platforms are scheduled to begin early in 1972, Expressing confidence that in discharging its respon- sibility the Working Group would seek to promote the optimum utilization of this space application far the benefit of individual States and of the international community, 1. Requests Member States to submit information on their national and co-operative international activities in this field, as well as comments and work- ing papers, through the Secretary-General to the Work- ing Group on Remate Sensing of the Earth by Satellites; 2. Endorses the request of the Scientific and Techni- c~l Sub-Committee that the Working Group solicit the v~e~s of appr~riate United Nations bodies and spe- ciahzed agencies, and other relevant international organizations; 3. Requests the Secretary-General to provide the Working Group with his comments on this subject and to submit working papers on matters falling within the terms of reference of the Group; 4. Requests the Committee on the Peaceful Uses of Outer Space and its Scientific and Technical Sub- Committee to bring about the early initiation of the Working Group's substantive work and to keep the General Assembly informed in a comprehensive fashion on the progress of its work. 1998th plenmy meeting, 29 November 1971. 2779 (XXVI). Preparation of an international treaty concerning the Moon The General Assembly, Recalling its resolution 2222 (XXI) of 19 Decem- ber 1966 stressing the importance of intemational co- operatio~ in the field of activities in the peaceful exploratlon and use of outer space, including the Moon and other celestial bodies, and the importance of developing the rule of law in this new area of human endeavour, Reaffirming the common interest of all mankind in furthering the peaceful exploration and use of outer space for t~e benefit º! all States and for the develop- ment of fnendly relat1ons and mutual understanding among them, Taking into account the advances made in recent years _in the exploration of outer space, including those resultmg from extensive lunar research programmes on the basis of modero science and technology, Bearing in mind the interest of all mankind in the exploration and utilization of the Moon exclusively for peaceful purposes and in preventing the Moon from becoming a scene of international conflict Prompted by the consideration that the' Moon as the only natural _satellite of the earth, has an important ~ole to play m the conquest of outer space and that 1t should be used with due regard to the interests of present and future generations, f!esiring. to further the elaboration of specific rules of mternat10nal law to govern the activities of States on the Moon on the basis of the Charter of the United ~~t_ions and the !reaty on Principles Goveming the Act1v1tles of States m the Exploration and Use of

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