harmful interference with broadcasts. Article 1 (a) defines the term "damage." Article 1 (d) defines the term "space object." Articles 2 and 3 identify the spatial areas in which activity by a space object can produce liability. These articles provide that the treaty has no spatial limitations, although a number were proposed during the negotiations. The spatial contours of these two articles have been summarized: "Provided that both the launching state and the state whose territory, nationals or property suffer damage are parties to the convention, the place where the damage occurs is immaterial notwithstanding that the damage may occur wholly within the territory of the launching state itself or within the territory of a non-contracting state. Nor is the nature of the property damaged material where the damage occurs on the surface of the earth. Elsewhere than on the surface of the earth, however, the Convention will only apply where damage is caused by a space object either to an aircraft in flight, or to another space object or to persons or property on board such a space object." Article 6 specifies circumstances in which the launcher will be exonerated from liability. Thus, where the event occurs on the surface of the earth or to aircraft in flight--carrying with it the rules of absolute 1iabi1ity--the launcher is exonerated if it can "establish 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." W. F. Foster, "The Convention on International Liability for Damage Caused by Space Objects," 10 The Canadian Yearbook of International Law, pp. 143-144 (1972). Foster's conclusions are based on a careful assessment of the negotiations as reflected in relevant United Nations documents.
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