Liability Convention, 1972

Air & space law

1. Bhargav Dangar Roll No. ‘22’ Air & Space Law Liability Convention, 1972

2. The Liability Convention was adopted by UN General assembly on 29 November 1971, with 94 states voting in favour. Definitions: ‘Damage’ means loss of life, personal injury or other impairment of health or loss of other damage to property of states or of persons, natural or property of International intergovernmental organization. Introduction

3. Launching States: The State which launches. The State which procures the launching. The State whose territory has been used for the launching. The State from which facility a space object is launched.

4. The Convention makes a clear distinction between two areas where damage may occur: Grounds for Liability Two Types of Liability Absolute Liability Fault Liability For damage caused by a space object on the surface area of the earth or to an aircraft in flight. For damage caused by a space object elsewhere than on the surface area of the earth.

5. Joint liabilities applies whenever two or more states launch a space object in a joint effort. They will be jointly and severally liable for any damage caused. The launching state will be jointly & severally liable with the state from whose territory or facility a space object is launched. If in the event of a joint launching damage is cause to a third state or it’s natural or juridical persons the first two states are jointly and severally liable. Joint Liability

6. The basic principle laid down in article XII stating that ‘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 principles of Justice and Equality. Compensation for Damage

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