SPS International Agreements - Detailed

with respect to defining and delimiting liability of the launching State and other States associated with it in the space activity causing injury or damage. First of all there is the question of the type of interest protected; that is, the kind of injury for which recovery may be had. Second, there is the question of the type of conduct giving rise to liability: should liability be without regard to fault for some or all activities, or should it be based upon fault? Third, should a different principle govern, depending on whether the place of injury is on the surface of the earth, in the air space or in outer space? Fourth, should liability of the launching State be unlimited in amount? Finally, where more than one State participates in a particular activity, is the liability joint or several? This assessment of the liability issue was influenced by two considerations. The delegates to the UN in 1958 at the time of the adoption of General Assembly Resolution 1348 wished to cooperate internationally to reserve the space environment for peaceful uses and for the betterment of mankind. Also, they perceived that the liability of States for the uses of space objects would result from malfunctionings of space objects, per se, such as falling debris, or collisions with air or space-borne vehicles. Between 1958 and the adoption of General Assembly Resolution 2777 (XXVI) on November 29, 1971, being the Liability Convention, the UN had periodically given attention to the writing of a treaty dealing with international tort law for the space environment. Thus, in General Assembly Resolution 1721 (XVI) of December 20, 1961, provision was made that international law including the UN Charter, was to apply to outer space and celestial bodies. %.N. Doc. A/4141, July 14, 1959. U.N. Doc. A/8528. The resolution received 93 votes in favor, none opposed, and four abstentions, e.g., Canada, Iran, Japan, and. Sweden.

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