SPS International Agreements - Detailed

injury producing event. Our law allows for recovery for trespass even when there has not been a physical harm. In summary, direct damage and moral damage resulting from a collision or malfunctioning of space objects, are recoverable under the terms of the agreement. To the extent that indirect damages fall under the heading of moral damages they would be included. Use of the space environment for peaceful and beneficial purposes is not an international tort. Damages cannot be recovered for the use of an orbital slot, although misuse of a geostationary orbital position could produce conditions under which damage might occur. Article 1 by defining damages and also identifying who engages in the launching of a space object confirms the right to use space objects. The definitional process in specifying conditions of liability for misuse confirmed the right to use. 6.4.2 Incurrence of Liability from Microwave Radiation The second issue relates to harm caused by the transmission to Earth of microwaves that may have harmful non-ionizing effects on plants, animals, and the environment in general. Article 1 of the Liability Convention defines damage to include loss of life, personal injury or other impairment of health as well as loss of or damage to property belonging to identifiable natural or juridical persons. Claimants are narrowly defined. Thus, only natural or juridical persons can experience the stated harms. The agreement does not accord to the world community in a general sense any right to put forward environmental claims. Nonetheless, by extending tort rights to natural and juridical persons it may be expected that their immediate self-interests will also

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