way of loss of life, personal injury or other impairment of health, as well as damage to property, would be equally liable under the 1972 Conventi on. A further reason for assessing liability against a State using a microwave transmission, which produces harm, has been advanced. This arises from the fact that biological, chemical, and radiological contamination may produce harms that are not observable immediately or even within an extended time period. This possibility was contemplated by the negotiators. They solved it by providing in Article 10 (2) that claims might be filed within a fixed time after the fact of harm had been discovered. This provision was designed for harms resulting from nuclear radiation but would also appear to be applicable to harms produced by microwaves. From what has been said above it would appear that both microwave radiation directed toward the Earth and also at geostationary orbital level, as well as harms produced in the collection of solar energy at high atmospheric levels would be governed by the terms of the 1972 agreement. It will be recalled that it operates without regard to geographic and spatial constraints. Persons and property situated on the Earth, in airspace, or on board a space object are entitled to the protection of the agreement, even though the means for ascertaining liability are different. The fact that such harm, if any, resulting from the collection of solar energy and its transmission via microwave, would be the product of Absolute liability is the test for the payment of compensation for harms caused on the surface of the Earth or to aircraft in flight. In other areas the test is fault.
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