SPS International Agreements - Detailed

Convention is based on the proposition that space objects can be placed legally into the space environment, including geostationary orbital level, and in order to support this principle the Convention contains substantive rules of international tort law applicable to the use of space objects. Article 1 in the definition of the term "damage" sought to bring clarity and greater precision to this concept than had been present in Article 7 of the Principles Treaty. Article 1 (a) defined the term "damage" to mean "loss of life, personal injury or other impairment of health; or loss of or damage to property. ..." The foregoing definition of damage follows the suggestions made by the United States in its September 11, 1962 "Draft Proposals on Liability for Space Vehicle Accidents," in its December 8, 1962 "Draft Declaration on Principles Relating to the Exploration and Use of Outer Space," and also drafts submitted to COPUOS in 1964 and in 1965. The 1965 draft provided in Article 2 that damage occurring on earth, in air space, or in outer space may be "caused by the launching of an object into outer space, regardless of whether such damage occurs during launching, after the object has gone into orbit, or during the process of re-entry, including damage caused by apparatus or equipment used in such launching." In Article 1 of the draft damage was identified as meaning "loss of life, personal injury, or destruction or loss of, or damage to property." During the negotiations an effort was made to ascertain whether the expression "loss of life, personal injury or other impairment of health" U.N. Doc. A/AC.105/C.2/L.8/Rev. 3, September 24, 1965, Staff Report, op. cit., p. 69. Ibid^

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