SPS International Agreements - Detailed

offer some protection to general environmental needs. Comment has been made as to the wide scope of the protection accorded to human beings under Article 1. From the broad terminology used in this definition it is clear that all injuries to persons are covered whether or not they are accompanied by objective or substantially harmful physical or psychopathological consequences provided they at least result in an "impairment of health." Moreover, it is immaterial whether the injuries are suffered through physical impact with a space object or result from biological, chemical or radiological contamination emanating from a space object. During the negotiations of the Liability Convention much concern was expressed over radiological contamination emanating from a space object. Nuclear damages are covered by the agreement. It has been suggested that the inclusion of this area of potential harm was an effort on the part of the negotiators "to cover by its provisions the widest possible scope of harmful effects of space activities." An assessment of these discussions is relevant to the issue of damages caused by microwave emissions. Certain basic similarities are present. Both nuclear harm and that produced by microwave transmissions are produced by radiating sources. Both result from man-made activities. Differences are based on the amount of detriment that could be caused and by the geographical range in which the detriment would occur. Since, as noted above, it is immaterial whether harm is produced by biological, chemical, or radiological contamination, it would equally Foster, op. cit., p. 155. See Chapter Five and the Annex thereto. Jerzy Rajski, "Convention on International Liability for Damage Caused by Space Objects--An Important Step in the Development of the International Space Law," Proceedings of the 17th Colloquium on the Law of Outer Space 245 (1975).

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