The Convention on International Liability for Damage Caused by Space Objects, also known as the Space Liability Convention, is a
treaty
A treaty is a formal, legally binding written agreement between sovereign states and/or international organizations that is governed by international law. A treaty may also be known as an international agreement, protocol, covenant, convention ...
from 1972 that expands on the liability rules created in the
Outer Space Treaty
The Outer Space Treaty, formally the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, is a Multilateralism, multilateral treaty that forms the bas ...
of 1967. In 1978, the crash of the
nuclear-power
Nuclear power is the use of nuclear reactions to produce electricity. Nuclear power can be obtained from nuclear fission, nuclear decay and nuclear fusion reactions. Presently, the vast majority of electricity from nuclear power is produced by ...
ed Soviet satellite Kosmos 954 in Canadian territory led to the only claim filed under the convention.
Status
The Liability Convention was concluded and opened for signature on 29 March 1972. It entered into force on 1 September 1972. As of 1 January 2021, 98 States have ratified the Liability Convention, 19 have signed but not ratified and four international
intergovernmental organizations
An international organization, also known as an intergovernmental organization or an international institution, is an organization that is established by a treaty or other type of instrument governed by international law and possesses its own leg ...
(the
European Space Agency
The European Space Agency (ESA) is a 23-member International organization, international organization devoted to space exploration. With its headquarters in Paris and a staff of around 2,547 people globally as of 2023, ESA was founded in 1975 ...
, the
European Organisation for the Exploitation of Meteorological Satellites
The European Organisation for the Exploitation of Meteorological Satellites (EUMETSAT) is an intergovernmental organisation created through an international convention agreed by a current total of 30 European Member States.
EUMETSAT's primary ...
European Telecommunications Satellite Organization
The European Telecommunications Satellite Organization (Eutelsat IGO) is an intergovernmental organisation consisting of 49 member states. It is headquartered in Paris, France. The mission of Eutelsat IGO is to maintain the rights to use radio fr ...
) have declared their acceptance of the rights and obligations provided for in the Agreement.
Key provisions
States (countries) bear international responsibility for all space objects that are launched within their territory. This means that regardless of who launches the space object, if it was launched from State A's territory, or from State A's facility, or if State A caused the launch to happen, then State A is fully liable for damages that result from that space object.
Joint launches
If two states work together to launch a space object, then both of those states are
jointly and severally liable
Where two or more persons are liable in respect of the same liability, in most common law legal systems they may either be:
* severally liable, or
* jointly liable, or
* jointly and severally liable.
Several liability
In several or proportionat ...
for the damage that object causes. This means that the injured party can sue either of the two states for the full amount of damage.
Claims between states only
Claims under the Liability Convention must be brought by the state against a state. The convention was created to supplement existing and future national laws providing compensation to parties injured by space activities. Whereas under most national legal systems an individual or a corporation may bring a lawsuit against another individual or another corporation, under the Liability Convention claims must be brought on the state level only. This means that if an individual is injured by a space object and wishes to seek compensation under the Liability Convention, the individual must arrange for his or her country to make a claim against the country that launched the space object that caused the damage.
Skylab
Skylab was the United States' first space station, launched by NASA, occupied for about 24 weeks between May 1973 and February 1974. It was operated by three trios of astronaut crews: Skylab 2, Skylab 3, and Skylab 4. Skylab was constructe ...
*
Space law
Space law is the body of law governing space-related activities, encompassing both international and domestic agreements, rules, and principles. Parameters of space law include space exploration, liability for damage, weapons use, rescue efforts ...
*
Outer Space Treaty
The Outer Space Treaty, formally the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, is a Multilateralism, multilateral treaty that forms the bas ...