SPS International Agreements - Detailed

However, no exoneration may be granted in cases where "the damage has resulted from activities conducted by a launching State which are not in conformity with international law . . ." including the UN Charter and the Principles-Treaty. Article 10 contains provisions fixing time limits within which a claim must be made. Paragraph 2 allows a State, which does not know of the damage-causing occurrence, one year following the date of the discovery of the damage to make the claim. The claimant must exercise due diligence to learn the facts in order to take advantage of the delayed claim procedure. Paragraph 3 permits the filing of revised claims "until one year after the full extent of the damage is known." The 1972 Liability Convention has been characterized as having two central premises. As noted above, it is considered to be "victim oriented." Second, the agreement seeks to facilitate the effective use of the space environment, including resources situated there. Although the agreement has cast a wide cautionary net over space activities, nonetheless, it seeks to maintain a balance between use and liability for misuse. This perspective will influence the interpretations of the quoted treaty language. 6.4.1 Non-Violation by Placing SPS into Geostationary Orbit The first issue in need of an answer is: Does a State have a right to introduce a space object into a geostationary orbital position, and if it does and this should lead to a collision or other malfunctioning of the satellite, is there a duty on the part of the launching State to pay damages? From the cited treaty terms it is clear that the Liability

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