SPS International Agreements - Detailed

appear to be immaterial as to the extent or immediate source of such contamination. Thus, to the extent that radiological contamination falls within the scope of the Liability Convention it would be expected that harms produced by microwaves would also be covered by the agreement. It has been reported that an Argentinian symposium has come to the conclusion that "any damage caused by the use of solar energy by means of space technology is damage in the terms of paragraph (a) of Article 1 of the 1972 Convention on international liability for damage caused by space objects." Since solar energy is, in effect, "used" when it is forwarded to Earth via microwave transmissions, it is at least possible that the Argentinian position is consistent with the conclusion dealing solely with microwave broadcasts. Foster has analyzed the difficulties presented by the issue of nuclear damage in the drafting of the Liability Convention. He has reported that three alternatives faced the negotiators. One was to exclude nuclear damage from the agreement and to provide a separate treaty specifically dealing with the subject. The second was to exclude the subject from the Liability Convention but to seek a revision of the International Convention on Civil Liability for Nuclear Damage to cover the problem. The third was to include nuclear damage in the Liability Convention.^ After reviewing six proposals on this subject submitted to COPUOS, he concluded that the majority of the negotiators held the opinion that the Liability Convention would extend to nuclear damage. He supported his conclusion with the following reasons advanced by COPUOS: dU.N. Doc. A/AC.105/PV.177, p. 3, July 27, 1977. Foster, op. cit., p. 155, fn. 63.

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