CHAPTER 12

AIR AND SPACE LAW

12.1 Air space

Up until the early part of this century the law relating to air space was not settled. Certain writers suggested that there should be a territorial air space above a state’s territory with a similar regime to that of the territorial sea. Through the territorial air space there would be a right of innocent passage for foreign civilian aircraft and above it there would be freedom of navigation. Another school of thought advocated complete freedom of the air. The law came to be settled during the First World War and the customary law was codified in the Paris Convention on the Regulation of Aerial Navigation 1919. The approach adopted at Paris was that states should have complete and exclusive sovereignty over the air space above their land and territorial sea. Sovereignty was understood to extend upwards to an unlimited distance. As far as the air space above the high seas and other areas not subject to national jurisdiction was concerned it was accepted that there was complete freedom of navigation.

12.2 The Chicago Convention

The present regime concerning aerial navigation was developed at the 1944 Chicago Conference and is reflected in the conventions adopted there. The Chicago Convention on International Civil Aviation (the Chicago Convention) entered into force in January 1945.

CHICAGO CONVENTION ON

INTERNATIONAL CIVIL AVIATION 19441

Article 1

The contracting states recognise that every state has complete and exclusive sovereignty over the air space above its territory.

Article 2

For the purposes of this Convention the territory of a state shall be deemed to be the land areas and territorial waters adjacent thereto under the sovereignty, suzerainty, protection or mandate of such state.

Article 3

(a)This Convention shall be applicable only to civil aircraft, and shall not be applicable to state aircraft.

(b)Aircraft used in military, customs and police services shall be deemed to be state aircraft.

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1 UKTS 8 (1953) Cmd 8742; 15 UNTS 295 – entered into force in 1947.

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(c)No state aircraft of a contracting state shall fly over the territory of another state or land thereon without authorisation by special agreement or otherwise, and in accordance with the terms thereof.

(d)The contracting states undertake, when issuing regulations for their state aircraft, that they will have due regard for the safety of navigation of civil aircraft.

Article 3 bis

(a)The contracting states recognise that every state must refrain from resorting to the use of weapons against civil aircraft in flight and that, in case of interception, the lives of persons on board and the safety of aircraft must not be endangered. This provision shall not be interpreted as modifying in any way the rights and obligations of state set forth in the Charter of the United Nations.

(b)The contracting states recognise that every state, in the exercise of its sovereignty, is entitled to require the landing at some designated airport of a civil aircraft flying above its territory without authority or if there are reasonable grounds to conclude that it is being used for any purpose inconsistent with the aims of this Convention; it may also give such aircraft any other instructions to put an end to such violations. For this purpose, the contracting states may resort to any appropriate means consistent with relevant rules of international law, including the relevant provisions of this Convention, specifically para (a) of this article. Each contracting state agrees to publish regulations in force regarding the interception of civil aircraft.

(c)Every civil aircraft shall comply with an order given in conformity with para (b) of this article. To this end each contracting state shall establish all necessary provisions in its national laws or regulations to make such compliance mandatory for any civil aircraft registered in that state or operated by a person having his principal place of business in that state or permanent residence in that state. Each contracting state shall make any violation of such applicable laws or regulations punishable by severe penalties and shall submit the case to its competent authorities in accordance with its laws or regulations.

(d)Each contracting state shall take appropriate measures to prohibit the deliberate use of any civil aircraft registered in that state or operated by an operator who has his principal place of business or permanent residence in that state for any purpose inconsistent with the aims of this Convention. This provision shall not affect para (a) or derogate from paras (b) and (c) of this article.

Article 5

Each contracting state agrees that all aircraft of the other contracting states, being aircraft not engaged in scheduled international air service, shall have the right, subject to the observance of the terms of this Convention, to make flights into or in transit non-stop across its territory and to make stops for non-traffic purposes without the necessity of obtaining prior permission, and subject to the right of the state flown over to require landing. Each contracting state nevertheless reserves the right, for reasons of safety of flight, to require aircraft desiring to proceed over regions which are inaccessible or without adequate air navigation facilities to follow prescribed routes, or to obtain special permission for such flights.

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Such aircraft, if engaged in the carriage of passengers, cargo, or mail for remuneration or hire other than scheduled international air services, shall also, subject to the provisions of Article 7, have the privilege of taking on or discharging passengers, cargo or mail, subject to the right of any state where such embarkation or discharge takes place to impose such regulations, conditions or limitations as it may consider desirable.

Article 6

No scheduled international air service may be operated over or into the territory of a contracting state, except with the special permission or other authorisation of that state, and in accordance with the terms of such permission or authorisation.

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Article 17

Aircraft have the nationality of the state in which they are registered.

Article 18

An aircraft cannot be validly registered in more than one state, but its registrations may be changed from one state to another.

Article 19

The registration or transfer of registration of aircraft in any contracting state shall be made in accordance with its laws and regulations.

A scheduled air service is defined as ‘a series of flights that possesses all the following characteristics:

(a)it passes through the air space over the territory of more than one state;

(b)it is performed by aircraft for the transport of passengers, mail or cargo for remuneration, in such a manner that each flight is open to use by members of the public;

(c)it is operated, so as to serve traffic between the same two or more points, either:

(i)according to a published timetable; or

(ii)with flights so regular and frequent that they constitute a recognisably systematic series.

CHICAGO INTERNATIONAL AIR SERVICES

TRANSIT AGREEMENT 19442

Article 1

1Each contracting state grants to the other contracting states the following freedoms of the air in respect of scheduled international air services.

(1)The privilege to fly across its territory without landing;

(2)The privilege to land for non-traffic purposes ...

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2 UKTS 8 (1953) Cmd 8742; 171 UNTS 387.

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12.3 Unauthorised aerial intrusion

A question that flows from the fact that states possess sovereignty over the air space above their territory is what action can be taken against ‘trespassing’ aircraft. As far as military aircraft are concerned the international law position appears to be clear. Unauthorised intrusion by military aircraft (with the exception of military transport aircraft) may be met by the use of force without warning. The most famous example occurred in the U-2 incident. In May 1960 a U-2 (an American reconnaissance aircraft) was shot down by USSR fighters over Soviet territory. The aircraft had been engaged in the aerial reconnaissance of the Soviet Union. The USSR protested at the flight and the USA made no attempt to justify its action in terms of international law or protest at the shooting down or the subsequent trial of the pilot.

As far as civilian aircraft are concerned, Harris estimates that since 1945 trespassing civil aircraft have been shot down at the rate of nearly one a year. The international law position has become more clear following the shooting down of Korean Airlines Flight 007 by Soviet aircraft in 1983. A scheduled flight from Alaska to South Korea had strayed into Soviet air space and was shot down. All 169 passengers and crew were killed. An ICAO inquiry concluded that the aircraft had strayed off course as a result of the negligence of the crew. They found that the Soviet aircraft had made insufficient efforts to intercept the Boeing 747. It was accepted by all parties that at the time of the shooting there was a US military intelligence aircraft in the area, but in spite of this the inquiry felt that the Soviet aircrew should have made greater effort to establish whether or not the 747 was an intelligence aircraft before shooting it down. As a consequence of the shooting, in 1984 ICAO adopted a new Article 3 bis of the Chicago Convention.

12.4 Jurisdiction over aircraft

The nationality of civil aircraft is governed by the Chicago Convention which provides that they shall have the nationality of the state in which they are registered and that they cannot be validly registered in more than one state. The registering state does have a valid claim to exercise jurisdiction while the aircraft is in flight over the high seas or other territory not belonging to any state. As for aircraft within the territory of a state, jurisdiction will be primarily territorial, although the registering state may make express provision for claiming jurisdiction over acts committed on board the aircraft in its own legislation.

12.4.1 Threats to aviation security

The use of hijacking and other acts of terrorism involving aircraft from the early 1960s onwards proved the general rules on jurisdiction inadequate. The nature and situation of the offence meant it was not always easy for the registering state to assert jurisdiction nor was it always clear over whose territory the offence was committed. Furthermore, even if the offenders could be located the limitations of extradition treaties meant that it was often not possible to bring them to trial.

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TOKYO CONVENTION ON OFFENCES AND CERTAIN OTHER ACTS COMMITTED ON

BOARD AIRCRAFT 1963

CHAPTER I

SCOPE OF THE CONVENTION

Article 1

1This Convention shall apply in respect of:

(a)offences against penal law;

(b)acts which, whether or not they are offences, may or do jeopardise the safety of the aircraft or of persons or property therein or which jeopardise good order and discipline on board.

2Except as provided in Chapter III, this Convention shall apply in respect of offences committed or acts done by a person on board any aircraft registered in a contracting state while that aircraft is in flight or on the surface of the high seas or of any other area outside the territory of any state.

3For the purposes of this Convention, an aircraft is considered to be in flight from the moment when the power is applied for the purpose of take-off until the moment when the landing run ends.

4This Convention shall not apply to aircraft used in military, customs or police services.

CHAPTER II

JURISDICTION

Article 3

1The state of registration of the aircraft is competent to exercise jurisdiction over offences and acts committed on board.

2Each contracting state shall take such measures as may be necessary to establish its jurisdiction as the state of registration over offences committed on board aircraft registered in such state.

3This Convention does not exclude any criminal jurisdiction exercised in accordance with national law.

Article 4

A contracting state which is not the state of registration may not interfere with an aircraft in flight in order to exercise its criminal jurisdiction over an offence committed on board except in the following cases:

(a)the offence has effect on the territory of such state;

(b)the offence has been committed by or against a national or permanent resident of such state;

(c)the offence is against the security of such state;

(d)the offence consists of a breach of any rules or regulations relating to the flight or manoeuvre of aircraft in such state;

(e)the exercise of jurisdiction is necessary to ensure the observance of any obligation of such state under a multilateral international agreement.

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CHAPTER III

POWERS OF THE AIRCRAFT COMMANDER

Article 5

1The provisions of this chapter shall not apply to offences and acts committed or about to be committed by a person on board an aircraft in flight in the air space of the state of registration or over the high seas or any other area outside the territory of any state unless the last point of take-off or the next point of intended landing is situated in a state other than that of registration, or the aircraft subsequently flies in the air space of a state other than that of registration with such person still on board.

2Notwithstanding the provisions of Article 1, para 3, an aircraft shall, for the purposes of this chapter, be considered to be in flight at any time from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation. In the case of a forced landing, the provisions of this chapter shall continue to apply with respect to offences and acts committed on board until competent authorities of a state take over responsibility for the aircraft and for the persons and property on board.

Article 6

1The aircraft commander may, when he has reasonable grounds to believe that a person has committed, or is about to commit, on board the aircraft, an offence or act contemplated by Article 1, para 1, impose upon such person reasonable measures including restraint which are necessary:

(a)to protect the safety of the aircraft, or of persons or property therein; or

(b)to maintain good order and discipline on board; or

(c)to enable him to deliver such person to competent authorities or to disembark him in accordance with the provisions of this chapter.

2The aircraft commander may require or authorise the assistance of other crew members and may request or authorise, but not require, the assistance of passengers to restrain any person whom he is entitled to restrain. Any crew member or passenger may also take reasonable preventive measures without such authorisation when he has reasonable grounds to believe that such action is immediately necessary to protect the safety of the aircraft, or of persons or property therein.

Article 7

1Measures of restraint imposed upon a person in accordance with Article 6 shall not be continued beyond any point at which the aircraft lands unless:

(a)such point is in the territory of a non-contracting state and its authorities refuse to permit disembarkation of that person or those measures have bee imposed in accordance with Article 6, para 1(c) in order to enable his delivery to competent authorities;

(b)the aircraft makes a forced landing and the aircraft commander is unable to deliver that person to competent authorities; or

(c)that person agrees to onward carriage under restraint.

2The aircraft commander shall as soon as practicable, and if possible before landing in the territory of a state with a person on board who has been placed under restraint in accordance with the provisions of Article 6, notify the authorities of such state of the fact that a person on board is under restraint and of the reason for such restraint.

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Article 8

1The aircraft commander may, in so far as it is necessary for the purpose of sub-para (a) or (b) of para 1 of Article 6, disembark in the territory of any state in which the aircraft lands any person who he has reasonable grounds to believe has committed, or is about to commit, on board the aircraft an act contemplated in Article 1 para 1(b).

2The aircraft commander shall report to the authorities of the state in which he disembarks any person pursuant to this article, the fact of, and the reasons for, such disembarkation.

Article 9

1The aircraft commander may deliver to the competent authorities of any Contracting state in the territory of which the aircraft lands any person who he has reasonable grounds to believe has committed on board the aircraft an act which, in his opinion, is a serious offence according to the penal law of the state of registration of the aircraft.

2The aircraft commander shall as soon as practicable and if possible before landing in the territory of a contracting state with a person on board whom the aircraft authorities of such state of his intention to deliver such person and the reason therefor.

3The aircraft commander shall furnish the authorities to whom any suspected offender is delivered in accordance with the provisions of this article with evidence and information which, under the law of the state of registration of the aircraft, are lawfully in his possession.

Article 10

For actions taken in accordance with this Convention, neither the aircraft commander, any other member of the crew, any passenger, the owner or operator of the aircraft, nor the person on whose behalf the flight was performed shall be held responsible in any proceeding on account of the treatment undergone by the person against whom the actions were taken.

CHAPTER IV

UNLAWFUL SEIZURE OF AIRCRAFT

Article 11

1When a person on board has unlawfully committed by force or threat thereof an act of interference, seizure, or other wrongful exercise of control of an aircraft in flight or when such an act is about to be committed, contracting states shall take all appropriate measures to restore control to the aircraft to its lawful commander or to preserve his control of the aircraft.

2In the cases contemplated in the preceding paragraph, the contracting state in which the aircraft lands shall permit its passengers and crew to continue their journey as soon as practicable, and shall return the aircraft and its cargo to the persons lawfully entitled to possession.

CHAPTER V

POWERS AND DUTIES OF STATES

Article 12

Any contracting state shall allow the commander of an aircraft registered in another contracting state to disembark any person pursuant to Article 8, para 1.

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Article 13

1Any contracting state shall take delivery of any person whom the aircraft commander delivers pursuant to Article 9, para 1.

2Upon being satisfied that the circumstances so warrant, any contracting state shall take custody or other measures to ensure the presence of any person suspected of an act contemplated in Article 11, para 1, and of any person of whom it has taken delivery. The custody and other measures shall be as provided in the law of that state but may only be continued for such time as is reasonably necessary to enable any criminal or extradition proceedings to be instituted.

3Any person in custody pursuant to the previous paragraph shall be assisted in communicating immediately with the nearest appropriate representative of the state of which he is a national.

4Any contracting state, to which a person is delivered pursuant to Article 9, para 1 or in whose territory an aircraft lands following the commission of an act contemplated in Article 11, para 1, shall immediately make a preliminary enquiry into the facts.

5When a state, pursuant to this article, has taken a person into custody, it shall immediately notify the state of registration of the aircraft and the state of nationality of the detained person and, if it considers it advisable, any other interested state of the fact that such person is in custody and of the circumstances which warrant his detention. The state which makes the preliminary enquiry contemplated in para 4 of this article shall promptly report its finding to the said states and shall indicate whether it intends to exercise jurisdiction.

Article 14

1When any person has been delivered in accordance with Article 8, para 1, or delivered in accordance with Article 9, para 1, or has disembarked after committing an act contemplated in Article 11, para 1, and when such person cannot or does not desire to continue his journey and the state of landing refuses to admit him, that state may, if the person in question is not a national or permanent resident of that state, return him to the territory of the state of which he is a national or permanent resident or to the territory of the state in which he began his journey by air.

2Neither disembarkation, nor delivery, nor the taking of custody or other measures contemplated in Article 13, para 2, nor the return of the person concerned, shall be considered as admission to the territory of the contracting states concerned for the purpose of its law relating to entry or admission of persons and nothing in this Convention shall affect the law of a contracting state relating to the expulsion of persons from its territory.

Article 15

1Without prejudice to Article 14, any person who has been disembarked in accordance with Article 8, para 1, or delivered in accordance with Article 9, para 1, or has disembarked after committing an act contemplated in Article 11, para 1, and who desires to continue his journey shall be at liberty as soon as practicable to proceed to any destination of his choice unless his presence is required by the law of the state of landing for the purpose of extradition or criminal proceedings.

2Without prejudice to its law as to entry and admission to, and extradition and expulsion from its territory, a contracting state in whose territory a person

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has been disembarked in accordance with Article 8, para 1, or delivered in accordance with Article 9, para 1, or has disembarked and is suspected of having committed an act contemplated in Article 11, para 1, shall accord to such person treatment which is no less favourable for his protection and security than that accorded to nationals of such contracting state in like circumstances.

The principal weakness of the Tokyo Convention is that there is no obligation on states to recognise an offence of unlawful seizure of aircraft. During the later 1960s the number of hijackings dramatically increased reaching a peak of 89 separate incidents in 1969. Where hijackers were caught most states were unable to prosecute for hijacking and instead, where they had jurisdiction, prosecuted for the constituent acts of assault, etc. The ICAO, concerned at the increase in hijackings and recognising the deficiencies in the Tokyo Convention, called for the re-enforcement of the law. The problem was highlighted by the Dawson’s Field incident.

On 6 September 1970 Palestinian commandos belonging to the Popular Front for the Liberation of Palestine attacked four aircraft. One attack was on an El Al aircraft in London, but three other aircraft belonging to Pan American, TWA and Swissair were captured in flight. The Pan American plane was taken to Cairo where, after the passengers were allowed to leave, it was blown up. The TWA and Swissair flight together with a BOAC plane which had been seised on 9 September were eventually flown to Dawson’s Field in Jordan and the 400 passengers on board were held hostage while negotiations continued and US military intervention seemed imminent. As Jordanian troops began attacking Palestinian refugee camps in what came to be known as Black September the hostages were gradually released in return for the release of a number of Palestinian prisoners held around the world (including Leila Khaled who had led the attack on the El Al plane). The three aircraft were blown up.

The hijackings received world-wide publicity and focused attention on the need to reform the law. On 16 December 1970 the ICAO convened an international conference which resulted in the Hague Convention for the Suppression of Unlawful Seizure of Aircraft 1970.

HAGUE CONVENTION FOR THE SUPPRESSION OF UNLAWFUL SEIZURE OF AIRCRAFT 1970

Article 1

Any person who on board an aircraft in flight:

(a)unlawfully, by force or threat thereof, or by any other form of intimidation, seises, or exercises control of, that aircraft, or attempts to perform any such act; or

(b)is an accomplice of a person who performs or attempts to perform any such act commits an offence (hereinafter referred to as ‘the offence’).

Article 2

Each contracting state undertakes to make the offence punishable by severe penalties.

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Article 3

1For the purpose of this Convention, an aircraft is considered to be in flight at any time from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation. In the case of a forced landing, the flight shall be deemed to continue until the competent authorities take over the responsibility for the aircraft and for persons and property on board.

2This Convention shall not apply to aircraft used in military, customs or police services.

3This Convention shall apply only if the place of take-off or the place of actual landing of the aircraft on board which the offence is committed is situated outside the territory of the state of registration of that aircraft; it shall be immaterial whether the aircraft is engaged in an international or domestic flight.

4In the cases mentioned in Article 5, this Convention shall not apply if the place of take-off and the place of actual landing of the aircraft on board which the offence is committed are situated within the territory of the same state where that state is one of those referred to in that article.

5Notwithstanding the paras 3 and 4 of this article, Articles 6, 7, 8 and 100 shall apply whatever the place of take-off or the place of actual landing of the aircraft, if the offender or the alleged offender is found in the territory of a state other than the state of registration of that aircraft.

Article 4

1Each contracting state shall take such measures as may be necessary to establish its jurisdiction over the offence and any other act of violence against passengers or crew committed by the alleged offender in connection with the offence in the following cases:

(a)when the offence is committed on board an aircraft registered in that state;

(b)when the aircraft on board which the offence is committed lands in its territory with the alleged offender still on board;

(c)when the offence is committed on board an aircraft leased without crew to a lessee who has his principal place of business, or if the lessee has no such place of business, his permanent residence, in that state.

2Each contracting state shall likewise take such measures as may be necessary to establish its jurisdiction over the offence in the case where the alleged offender is present in its territory and it does not extradite him pursuant to Article 8 to any of the states mentioned in para 1 of this article.

3The Convention does not exclude any criminal jurisdiction exercised in accordance with national law.

Article 5

The contracting states which establish joint air transport operating organisations or international operating agencies, which operate aircraft which are subject to joint or international registration shall, by appropriate means, designate for each aircraft the state among them which shall exercise the jurisdiction and have the attributes of the state of registration for the purpose of this Convention and shall give notice thereof to the International Civil Aviation Organisation which shall communicate the notice to all State Parties to this Convention.

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Article 6

1Upon being satisfied that the circumstances so warrant, any contracting state in the territory of which the offender or the alleged offender is present, shall take him into custody or take other measures to ensure his presence. The custody and other measures shall be as provided in the law of that state but may only be continued for such time as is necessary to enable any criminal or extradition proceedings to be instituted.

2Such state shall immediately make a preliminary enquiry into the facts.

3Any person in custody pursuant to para 1 of this article shall be assisted in communicating immediately with the nearest appropriate representative of the state of which he is a national.

4When a state, pursuant to this article, has taken a person into custody, it shall immediately notify the state of registration of the aircraft, the state mentioned in Article 4, para 1(c), the state of nationality of the detained person and, if it considers it advisable, any other interested state of the fact that such person is in custody and of the circumstances which warrant his detention. The state which makes the preliminary enquiry contemplated in para 2 of this article shall promptly report its findings to the said states and shall indicate whether it intends to exercise jurisdiction.

Article 7

The contracting state in the territory of which the alleged offender is found, if it does not extradite him, shall be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case to its competent authorities for the purpose of prosecution. Those authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that state.

Article 8

1The offence shall be deemed to be included as an extraditable offence in any extradition treaty existing between contracting states. contracting states undertake to include the offence as an extraditable treaty to be concluded between them.

2If a contracting state which makes extradition conditional on the existence of a treaty receives a request for extradition from another contracting state with which it has no extradition treaty, it may at its option consider this Convention as the legal basis for extradition in respect of the offence. Extradition shall be subject to the other conditions provided by the law of the requested state.

3contracting states which do not make extradition conditional on the existence of a treaty shall recognise the offence between themselves subject to the conditions provided by the law of the requested state.

4The offence shall be treated, for the purpose of extradition between contracting states, as if it had been committed not only in the place in which it occurred but also in the territories of the states required to establish their jurisdiction in accordance with Article 4, para 1.

Article 9

1When any of the acts mentioned in Article 1(a) has occurred or is about to occur, contracting states shall take all appropriate measures to restore control of aircraft to its lawful commander or to preserve his control of the aircraft.

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2In the cases contemplated by the preceding paragraph, any contracting state in which the aircraft or its passengers or crew are present shall facilitate the continuation of the journey of the passengers and crew as soon as practicable, and shall without delay return the aircraft and its cargo to the persons lawfully entitled to possession.

Article 10

1contracting states shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of the offence and other acts mentioned in Article 4. The law of the state requested shall apply in all cases.

2The provisions of para 1 of this article shall not affect obligations under any other treaty, bilateral or multilateral, which governs or will govern, in whole or in part, mutual assistance in criminal matters.

Article 11

Each contracting state shall in accordance with its national law report to the Council of the International Civil Aviation Organisation as promptly as possible any relevant information in its possession concerning:

(a)the circumstances of the offence;

(b)the action taken pursuant to Article 9;

(c)the measures taken in relation to the offender or the alleged offender, and, in particular, the results of any extradition proceedings or other legal proceedings.

The Hague Convention did not deal with the problem of aircraft sabotage. The ICAO convened a conference in 1971 to remedy this deficiency and the conference adopted the Montreal Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation 1971. Following a series of attacks at airports a protocol to the Convention was agreed in 1988 – the Montreal Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation 1988.

MONTREAL CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF CIVIL AVIATION 1971

Article 1

1Any person commits an offence if he unlawfully and intentionally:

(a)performs an act of violence against a person on board an aircraft in flight if that act is likely to endanger the safety of that aircraft; or

(b)destroys an aircraft in service or causes damage to such an aircraft which renders it incapable of flight or which is likely to endanger its safety in flight; or

(c)places or causes to be placed on an aircraft in service, by any means whatsoever, a device or substance which is likely to destroy that aircraft, or to cause damage to it which renders it incapable of flight, or to cause damage to it which is likely to endanger its safety in flight; or

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(d)destroys or damages air navigation facilities or interferes with their operation, if any such act is likely to endanger the safety of aircraft in flight; or

(e)communicates information which he knows to be false, thereby endangering the safety of an aircraft in flight.

2Any person also commits an offence if he:

(a)attempts to commit any of the offences mentioned in para 1 of this article; or

(b)is an accomplice of a person who commits or attempts to commit any such offence.

Article 2

For the purpose of this Convention:

(a)an aircraft is considered to be in flight at any time from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation; in the case of a forced landing, the flight shall be deemed to continue until the competent authorities take over the responsibility for the aircraft and for persons and property on board;

(b)an aircraft is considered to be in service from the beginning of the preflight preparation of the aircraft by ground personnel or by the crew for a specific flight until twenty-four hours after any landing; the period of service shall, in any event, extend for the entire period during which the aircraft is in flight as defined in para (a) of this article.

Article 3

Each contracting state undertakes to make the offences mentioned in Article 1 punishable by severe penalties.

Article 4

1This Convention shall not apply to aircraft used in military, customs or police services.

2In the cases contemplated in sub-paras (a), (b), (c) and (e) of para 1 of Article 1, this Convention shall apply irrespective of whether the aircraft is engaged in an international or domestic flight, only if:

(a)the place of take-off or landing, actual or intended, of the aircraft is situated outside the territory of the state of registration of the aircraft;

(b)the offence is committed in the territory of a state other than the state of registration of the aircraft.

3Notwithstanding para 2 of this article, in the cases contemplated in sub-paras (a), (b), (c) and (e) of para 1 of Article 1, this Convention shall also apply if the offender or the alleged offender is found in the territory of a state other than the state of registration of the aircraft.

4With respect to the states mentioned in Article 9 and in the cases mentioned in sub-paras (a), (b), (c) and (e) of para 1 of Article 1, this Convention shall not apply if the places referred to in sub-para (a) of para 2 of this article are situated within the territory of the same state where that state is one of those referred to in Article 9, unless the offence is committed or the offender or alleged offender is found in the territory of a state other than that state.

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5In the cases contemplated in sub-para (d) of para 1 of Article 1, this Convention shall apply only if the air navigation facilities are used in international air navigation.

6The provisions of paras 2, 3, 4 and 5 of this article shall also apply in the cases contemplated in para 2 of Article 1.

Article 5

1Each contracting state shall take such measures as may be necessary to establish its jurisdiction over the offences in the following cases:

(a)when the offence is committed in the territory of that state;

(b)when the offence is committed against or on board an aircraft registered in that state;

(c)when the aircraft on board which the offence is committed lands in its territory with the alleged offender still on board;

(d)when the offence is committed against or on board an aircraft leased without crew to a lessee who has his principal place of business or, if the lessee has no such place of business, his permanent residence, on that state.

2Each contracting state shall likewise take such measures as may be necessary to establish its jurisdiction over the offences mentioned in Article 1, para 1(a),

(b)and (c), and in Article 1, para 2, in so far as that paragraph relates to those offences, in the case where the alleged offender is present in its territory and it does not extradite him pursuant to Article 8 to any of the states mentioned in para 1 of this article.

3This Convention does not exclude any criminal jurisdiction exercised in accordance with national law.

Article 6

1Upon being satisfied that the circumstances so warrant, any contracting state in the territory of which the offender or the alleged offender is present, shall take him into custody or take other measures to ensure his presence. The custody and other measures shall be as provided in the law of that state but may only be continued for such time as is necessary to enable any criminal or extradition proceedings to be instituted.

2Such state shall immediately make a preliminary enquiry into the facts.

3Any person in custody pursuant to para 1 of this article shall be assisted in communicating immediately with the nearest appropriate representative of the state of which he is a national.

4When a state, pursuant to this article, has taken a person into custody, it shall immediately notify the state of registration of the aircraft, the state mentioned in Article 5, para 1, the state of nationality of the detained person and, if it considers it advisable, any other interested state of the fact that such person is in custody and of the circumstances which warrant his detention. The state which makes the preliminary enquiry contemplated in para 2 of this article shall promptly report its findings to the said states and shall indicate whether it intends to exercise jurisdiction.

Article 7

The contracting state in the territory of which the alleged offender is found, if it does not extradite him, shall be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case to its competent authorities for the purpose of prosecution. Those authorities shall take

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their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that state.

Article 8

1The offence shall be deemed to be included as an extraditable offence in any extradition treaty existing between contracting states. contracting states undertake to include the offence as an extraditable offence in any extradition treaty to be concluded between them.

2If a contracting state which makes extradition conditional on the existence of a treaty receives a request for extradition from another contracting state with which it has no extradition treaty, it may at its option consider this Convention as the legal basis for extradition in respect of the offence. Extradition shall be subject to the other conditions provided by the law of the requested state.

3Contracting states which do not make extradition conditional on the existence of a treaty shall recognise the offence between themselves subject to the conditions provided by the law of the requested state.

4The offence shall be treated, for the purpose of extradition between contracting states, as if it had been committed not only in the place in which it occurred but also in the territories of the states required to establish their jurisdiction in accordance with Article 5, paras 1(b), (c) and (d).

Article 9

The contracting states which establish joint air transport operating organisations or international operating agencies, which operate aircraft which are subject to joint or international registration shall, by appropriate means, designate for each aircraft the state among them which shall exercise the jurisdiction and have the attributes of the state of registration for the purpose of this Convention and shall give notice thereof to the International Civil Aviation Organisation which shall communicate the notice to all State Parties to this Convention.

Article 10

1Contracting states shall, in accordance with international and national law, endeavour to take all practicable measures for the purpose of preventing the offences mentioned in Article 1.

2When, due to the commission of one of the offences mentioned in Article 1, a flight has been delayed or interrupted, any contracting state in whose territory the aircraft or passengers or crew are present shall facilitate the continuation of the journey as soon as practicable, and shall without delay return the aircraft and its cargo to the persons lawfully entitled to possession.

Article 11

1Contracting states shall afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of the offence and other acts mentioned in Article 4. The law of the state requested shall apply in all cases.

2The provisions of para 1 of this article shall not affect obligations under any other treaty, bilateral or multilateral, which governs or will govern, in whole or in part, mutual assistance in criminal matters.

Article 12

Any contracting state having reason to believe that one of the offences mentioned in Article 1 will be committed shall, in accordance with its national law, furnish any relevant information in its possession to those states which it believes would be the states mentioned in Article 5, para 1.

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Article 13

Each contracting state shall in accordance with its national law report to the Council of the International Civil Aviation Organisation as promptly as possible any relevant information in its possession concerning:

(a)the circumstances of the offence;

(b)the action taken pursuant to Article 10, para 2;

(c)the measures taken in relation to the offender or the alleged offender, and, in particular, the results of any extradition proceedings or other legal proceedings.

Article 14

1Any dispute between two or more contracting states concerning the interpretation or application of this Convention which cannot be settled through negotiation shall, at the request of one of them, be submitted to arbitration. If within six months from the date of the request for arbitration the Parties are unable to agree on the organisation of the arbitration, any one of those Parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.

2Each state may at the time of signature or ratification of this Convention or accession thereto, declare that it does not consider itself bound by the preceding paragraph. The other contracting states shall not be bound by the preceding paragraph with respect to any contracting state having made such a reservation.

3Any contracting states having made a reservation in accordance with the preceding paragraph may at any time withdraw this reservation by notification to the Depositary Governments.

PROTOCOL OF THE MONTREAL CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS OF VIOLENCE AT AIRPORTS SERVING INTERNATIONAL CIVIL AVIATION 1971

Article I

This Protocol supplements the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23 September 1971 (hereinafter referred to as ‘the Convention’), and, as between the parties to this Protocol, the Convention and the Protocol shall be read and interpreted together as one single instrument.

Article II

1In Article 1 of the Convention, the following shall be added as new para 1 bis:

‘1 bis Any person commits an offence if he unlawfully and internationally, using any device, substance or weapon:

(a)performs and act of violence against a person at an airport serving international civil aviation which causes serious injury or death; or

(b)destroys or seriously damages the facilities of an airport serving international civil aviation or aircraft not in service located thereon or disrupts the services of the airport, if such an act endangers or is likely to endanger safety at that airport.’

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2In para 2(a) of Article 1 of the Convention, the following words shall be inserted after the words ‘para 1’: ‘or para 1 bis’.

One of the problems with the conventions on aviation and airport security is they provide no enforcement measures which can be used against defaulting states. The Bonn Declaration on International Terrorism 1978 which was signed by Canada, France, the Federal Republic of Germany, Italy, Japan, the UK and the US provided that where a state refused to extradite or prosecute those who have hijacked an aircraft, action should be taken to cease all flights to and from that state and all flights by its airlines. The Tokyo, Hague and Montreal Conventions merely provide that in the case of a dispute arising over interpretation and application of the conventions resort should be had to international arbitration and, failing that, the ICJ.

12.5 The liability of airline companies

An issue of major importance as far as air law is concerned relates to the liability of civil airline companies for death or injury suffered by passengers. The Warsaw Convention for the Unification of Certain Rules relating to International Carriage by Air 1929 (Warsaw Convention) as amended at the Hague in 1955 establishes upper limits for liability and deals with issues of responsibility and insurance. Article 20 of the Convention provides that the airline is not liable if it proves that it and its agents have taken all necessary measures to avoid the damage or that it was impossible to take such measures. Article 22 puts a financial ceiling on compensation available, unless it can be proved that the damage resulted from wilful misconduct of the airline in which case liability is unlimited. As far as flights flying into and out of the USA are concerned, the position for passengers is much improved by the Montreal Agreement which was concluded in 1966. But for all other international flights the present law is heavily weighted in favour of the airlines, and this has resulted in passengers suffering loss or injury suing the manufacturers of the aircraft or the maintenance crew rather than going for the airline itself.

It is worth noting that the question of liability for damage caused by aircraft to persons and property on the surface is covered by the Rome Convention 1952 and the Montreal Protocol 1978. It is the aircraft operator, presumed to be the registered owner, who is responsible for damage caused by an aircraft in flight or by any person or thing falling from it. The Convention provides for strict liability but the amount of compensation available in such situations is limited.

12.6 Outer space

New problems of international law have been created by the increase of activity in the upper strata of the atmosphere and beyond. The launching of the first satellite orbiting the earth by the Soviet Union in 1957 heralded the beginning of outer space exploration which has since rapidly expanded with landings on the moon and other planets and the possibility of permanent space stations all giving rise to territorial and jurisdictional problems.

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It will be remembered that the traditional view of sovereignty over air space is that it extends above the territory of a state without limit. A strict application of this rule would mean that orbiting satellites would require prior authorisation for flight over the territory of foreign states. This would clearly be impractical and thus it has been accepted that satellites may pass above territory and such overflight does not constitute a violation of air space sovereignty. It follows from this that national sovereignty does cease at some upper limit. Where that limit is remains uncertain but what is clear is that outer space constitutes res communis or part of the common heritage of mankind.

In 1958 the UN Committee on the Peaceful Uses of Outer Space was established and it has been responsible for a number of measures adopted regulating outer space activity. All such measures recognise that outer space must be used for peaceful means and is the common heritage of mankind. Treaties governing use of outer space include:

The Treaty on Principles Governing the Activities of states in the Exploration and Use of Outer Space including the Moon and other Celestial Bodies (Space Treaty) which was signed in 1967 and affirms that space shall be the province of all mankind. No area of space may be appropriated by any state and exploration is to be conducted according to international law and the principles of the Charter of the UN. Under the Space Treaty jurisdiction over items launched into space remains with the registering state.

The Space Treaty has been revised and clarified by the Agreement Governing the Activities of states on the Moon and other Celestial Bodies 1979 (Moon Treaty) which provides that the natural resources of the moon and other celestial bodies should be exploited as the common heritage of mankind. The treaty entered into force in 1984.

The Space Treaty has been further supplemented by two further agreements

– the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Space 1968 (Astronauts Treaty) and the Convention on International Liability for Damages Caused by Space Objects 1972 (Liability Convention). The latter convention is concerned with damage caused by space objects on the surface of the earth or to aircraft in flight. There is a strict liability imposed on the launching state. As regards damage caused in outer space fault liability applies. The nature of liability for damage caused by space objects was discussed in the Cosmos 954 Claim (1979) which arose after a Soviet satellite, which had a nuclear reactor, disintegrated through Canadian air space and crashed onto Canadian territory. Canada claimed six million dollars in compensation from the USSR although the dispute was settled by the Soviet Union making an ex gratia payment of three million dollars.

The Registration of Objects Launched into Space Convention 1975 provides that every launch of a space craft must be public and its purpose must be registered on a public register maintained by the UN Secretary General. The use of satellite communications is further governed by the various international telecommunications agreements and overseen by a UN Agency, the International Telecommunications Union.

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OUTER SPACE

TREATY ON PRINCIPLES GOVERNING THE ACTIVITIES OF STATES IN THE EXPLORATION AND USE OF OUTER SPACE, INCLUDING THE MOON AND OTHER CELESTIAL BODIES 19673

The States Parties to this Treaty,

Inspired by the great prospects opening up before mankind as a result of man’s entry into outer space,

Recognising the common interest of all mankind in the progress of the exploration and use of outer space for peaceful purposes,

Believing that the exploration and use of outer space should be carried on for the benefit of all peoples irrespective of the degree of their economic or scientific development,

Desiring to contribute to broad international co-operation in the scientific as well as the legal aspects of the exploration and use of outer space for peaceful purposes,

Believing that such co-operation will contribute to the development of mutual understanding and to the strengthening of friendly relations between states and peoples,

Recalling Resolution 1962 (XVIII), entitled ‘Declaration of Legal Principles Governing the Activities of states in the Exploration and Use of Outer Space’, which was adopted unanimously by the United Nations General Assembly on 13 December 1963,

Recalling Resolution 1884 (XVIII), calling upon states to refrain from placing in orbit around the earth any objects carrying nuclear weapons or any other kinds of weapons of mass destruction or from installing such weapons on celestial bodies, which was adopted unanimously by the United Nations General Assembly on 17 October 1963,

Taking account of United Nations General Assembly Resolution 110 (II) of 3 November 1947, which condemned propaganda designed or likely to provoke or encourage any threat to the peace, breach of the peace or act of aggression, and considering that the aforementioned Resolution is applicable to outer space,

Convinced that a Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, will further the Purposes and Principles of the Charter of the United Nations,

Have agreed on the following:

Article 1

The exploration and use of outer space, including the moon and other celestial bodies, shall be carried out for the benefit and in the interests of all countries, irrespective of their degree of economic or scientific development, and shall be the province of all mankind.

________________________________________________________________________________________________________________________________________________

3 UKTS 10 (1968) 3519; 610 UNTS 205.

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Outer space, including the moon and other celestial bodies, shall be free for exploration and use by all states without discrimination of any kind, on a basis of equality and in accordance with international law, and there shall be free access to all areas of celestial bodies.

There shall be freedom of scientific investigation in outer space, including the moon and other celestial bodies, and states shall facilitate and encourage international co-operation in such investigation.

Article 2

Outer space, including the moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means.

Article 3

States Parties to the Treaty shall carry on activities in the exploration and use of outer space, including the moon and other celestial bodies, in accordance with international law, including the Charter of the United Nations, in the interest of maintain international peace and security and promoting international cooperation and understanding.

Article 4

States Parties to the Treaty undertake not to place in orbit around the Earth any objects carrying nuclear weapons or any other kinds of weapons of mass destruction, install such weapons on celestial bodies, or station such weapons in outer space in any other manner.

The moon and other celestial bodies shall be used by all States Parties to the Treaty exclusively for peaceful purposes. The establishment of military bases, installations and fortifications, the testing of any type of weapons and the conduct of military manoeuvres on celestial bodies shall be forbidden. The use of military personnel for scientific research or for any other peaceful purposes shall not be prohibited. The use of any equipment or facility necessary for peaceful exploration of the moon and other celestial bodies shall also not be prohibited.

Article 5

States Parties to the Treaty shall regard astronauts as envoys of mankind in outer space and shall render to them all possible assistance in the event of accident, distress, or emergency landing on the territory of another State Party or on the high seas. When astronauts make such a landing, they shall be safely and promptly returned to the state of registry of their space vehicle.

In carrying on activities in outer space and on celestial bodies, the astronauts of one State Party shall render all possible assistance to the astronauts of other State Parties.

State Parties to the Treaty shall immediately inform the other States Parties to the Treaty or the Secretary General of the United Nations of any phenomena they discover in outer space, including the moon and other celestial bodies, which could constitute a danger to the life or health of astronauts.

Article 6

States Parties to the Treaty shall bear international responsibility for national activities in outer space, including the moon and other celestial bodies, whether such activities are carried on by governmental agencies or by non-governmental entities, and for assuring that national activities are carried out in conformity with the provisions set forth in the present Treaty. The activities of nongovernmental entities in outer space, including the moon and other celestial

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bodies, shall require authorisation and continuing supervision by the appropriate State Party to the Treaty. When activities are carried on in outer space, including the moon and other celestial bodies, by an international organisation, responsibility for compliance with this Treaty shall be borne both by the international organisation and by the States Parties to the Treaty participating in such organisation.

Article 7

Each State Party to the Treaty that launches or procures the launching of an object into outer space, including the moon and other celestial bodies, and each State Party from whose territory or facility an object is launched, is internationally liable for damage to another State Party to the Treaty or to its natural or judicial persons by such object or its component parts on the Earth, in air space or in outer space, including the moon and other celestial bodies.

Article 8

A State Party to the Treaty on whose registry an object launched into outer space is carried shall retain jurisdiction and control over such object, and over any personnel thereof, while in outer space or on a celestial body. Ownership of objects launched into outer space, including objects landed or constructed on a celestial body, and of their component parts, is not affected by their presence in outer space or on a celestial body or by their return to the Earth. Such objects or component parts found beyond the limits of the State Party to the Treaty on whose registry they are carried shall be returned to that State Party, which shall, upon request, furnish identifying data prior to their return.

Article 9

In the exploration and use of outer space, including the moon and other celestial bodies, State Parties to the Treaty shall be guided by the principle of co-operation and mutual assistance and shall conduct all their activities in outer space, including the moon and other celestial bodies, with due regard to the corresponding interests of all other States Parties to the Treaty. States Parties to the Treaty shall pursue studies of outer space, including the moon and other celestial bodies, and conduct exploration of them so as to avoid heir harmful contamination and also adverse changes in the environment of the Earth resulting from the introduction of extraterrestrial matter and, where necessary, shall adopt appropriate measures for this purpose. If a State Party to the Treaty has reason to believe that an activity or experiment planned by it or its nationals in outer space, including the moon and other celestial bodies, would cause potentially harmful interference with activities of other States Parties in the peaceful exploration and use of outer space, including the moon and other celestial bodies, it shall undertake appropriate international consultations before proceeding with any such activity or experiment. A State Party to the Treaty which has reason to believe that an activity or experiment planned by another State Party in outer space, including the moon and other celestial bodies, would cause potentially harmful interference with activities in the peaceful exploration and use of outer space, including the moon and other celestial bodies, may request consultation concerning the activity or experiment.

Article 10

In order to promote international co-operation in the exploration and use of outer space, including the moon and other celestial bodies, in conformity with the purposes of this Treaty, the States Parties to the Treaty shall consider on a basis of equality any requests by other States Parties to the treaty to be afforded an opportunity to observe the flight of space objects launched by those states.

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The nature of such an opportunity for observation and the conditions under which it could be afforded shall be determined by agreement between the states concerned.

Article 11

In order to promote international co-operation in the peaceful exploration of outer space, States Parties to the Treaty conducting activities in outer space, including the moon and other celestial bodies, agree to inform the Secretary General of the United Nations as well as the public and the international scientific community, to the greatest extent feasible and practicable, of the nature, conduct, locations and results of such activities. On receiving the said information, the Secretary General of the United Nations should be prepared to disseminate it immediately and effectively.

Article 12

All stations, installations, equipment and space vehicles on the moon and other celestial bodies shall be open to representatives of other States Parties to the Treaty on a basis of reciprocity. Such representatives shall give reasonable advance notice of a projected visit, in order that appropriate consultations may be held and that maximum precautions may be taken to assure safety and to avoid interference with normal operations in the facility to be visited.

Article 13

The provisions of this Treaty shall apply to the activities of States Parties to the Treaty in the exploration and use of outer space, including the moon and other celestial bodies, whether such activities are carried on by a single State Party to the Treaty or jointly with other states, including cases where they are carried on within the framework of international inter-governmental organisations.

Any practical questions arising in connexion with activities carried on by international inter-governmental organisations in the exploration and use of outer space, including the moon and other celestial bodies, shall be resolved by the States Parties to the Treaty either with the appropriate international organisation or with one or more states members of that international organisation, which are Parties to this Treaty.

Article 14

1This Treaty shall be open to all states for signature. Any state which does not sign this Treaty before its entry into force in accordance with para 3 of this article may accede to it at any time.

2This Treaty shall be subject to ratification by signatory states. Instruments of ratification and instruments of accession shall be deposited with the governments of the United Kingdom of Great Britain and Northern Ireland, the Union of Soviet Socialist Republics and the United States of America, which are hereby designated the Depositary Governments.

3This Treaty shall enter into force upon the deposit of instruments of ratification by five governments including the governments designated as Depositary Governments under this Treaty.

4For states whose instruments of ratification or accession are deposited subsequent to the entry into force of this Treaty, it shall enter into force on the date of the deposit of their instruments of ratification or accession.

5The Depositary Governments shall promptly inform all signatory and acceding states of the date of each signature, the date of deposit of each

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instrument of ratification of and accession to this Treaty, the date of its entry into force and other notices.

6This Treaty shall be registered by the Depositary Governments pursuant to Article 102 of the Charter of the United Nations.

Article 15

Any State Party to the Treaty may propose amendments to this Treaty. Amendments shall enter into force for each State Party to the Treaty accepting the amendments upon their acceptance by a majority of the States Parties to the Treaty and thereafter for each remaining State Party to the Treaty on the date of acceptance by it.

Article 16

Any State Party to the Treaty may give notice of its withdrawal from the Treaty one year after its entry into force by written notification to the Depositary Governments. Such withdrawal shall take effect one year from the date of receipt of this notification.

Article 17

This Treaty, of which the English, Russian, French, Spanish and Chinese texts are equally authentic, shall be deposited in the archives of the Depositary Governments. Duly certified copies of this Treaty shall be transmitted by the Depositary Governments to the governments of the signatory and acceding states.

In witness whereof the undersigned, duly authorised, have signed this Treaty.

Done in triplicate, at the cities of London, Moscow and Washington, the twentyseventh day of January, one thousand nine hundred and sixty-seven.

AGREEMENT ON THE RESCUE OF ASTRONAUTS, THE RETURN OF ASTRONAUTS AND THE RETURN OF OBJECTS LAUNCHED INTO OUTER SPACE (1968)

ENTERED INTO FORCE: 3 December 1968 The Contracting Parties,

Noting the great importance of the Treaty on Principles Governing the Activities of states in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, which calls for the rendering of all possible assistance to astronauts in the event of accident, distress or emergency landing, the prompt and safe return of astronauts, and the return of objects launched into outer space,

Desiring to develop and give further concrete expression to these duties,

Wishing to promote international co-operation in the peaceful exploration and use of outer space,

Prompted by sentiments of humanity, Have agreed on the following:

Article 1

Each Contracting Party which receives information or discovers that the personnel of a spacecraft have suffered accident or are experiencing conditions of distress or have made an emergency or unintended landing in territory under its

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jurisdiction or on the high seas or in any other place not under the jurisdiction of any state shall immediately:

(a)notify the launching authority or, if it cannot identify and immediately communicate with the launching authority, immediately make a public announcement by all appropriate means of communication at its disposal;

(b)notify the Secretary General of the United Nations, who should disseminate the information without delay by all appropriate means of communication at his disposal.

Article 2

If, owing to accident, distress, emergency or unintended landing, the personnel of a spacecraft land in territory under the jurisdiction of a Contracting Party, it shall immediately take all possible steps to rescue them and render them all necessary assistance. It shall inform the launching authority and also the Secretary General of the United Nations of the steps it is taking and of their progress. If assistance by the launching authority would help to effect a prompt rescue or would contribute substantially to the effectiveness of search and rescue operations, the launching authority shall co-operate with the Contracting Party with a view to the effective conduct of search and rescue operations. Such operations shall be subject to the direction and control of the Contracting Party, which shall act in close and continuing consultation with the launching authority.

Article 3

If information is received or it is discovered that the personnel of a spacecraft have alighted on the high seas or in any other place not under the jurisdiction of any state, those Contracting Parties which are in a position to do so shall, if necessary, extend assistance in search and rescue operations for such personnel to assure their speedy rescue. They shall inform the launching authority and the Secretary General of the United Nations of the steps they are taking and of their progress.

Article 4

If, owing to accident, distress, emergency or unintended landing, the personnel of a spacecraft land in territory under the jurisdiction of a Contracting Party or have been found on the high seas or in any other place not under the jurisdiction of any state, they shall be safely and promptly returned to representatives of the launching authority.

Article 5

1Each Contracting Party which receives information or discovers that a space object or its component parts has returned to Earth in territory under its jurisdiction or on the high seas or in any other place not under the jurisdiction of any state, shall notify the launching authority and the Secretary General of the United Nations.

2Each Contracting Party having jurisdiction over the territory on which a space object or its component parts has been discovered shall, upon the request of the launching authority and with assistance from that authority if requested, take such steps as it finds practicable to recover the object or component parts.

3Upon request of the launching authority, objects launched into outer space or their component parts found beyond the territorial limits of the launching authority shall be returned to or held at the disposal of representatives of the

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launching authority, which shall, upon request, furnish identifying data prior to their return.

4Notwithstanding paras 2 and 3 of this article, a Contracting Party which has reason to believe that a space object or its component elsewhere, is of a hazardous or deleterious nature may so notify the launching authority, which shall immediately take effective steps, under the direction and control of the said Contracting Party, to eliminate possible danger of harm.

5Expenses incurred in fulfilling obligations to recover and return a space object or its component parts under paras 2 and 3 of this article shall be borne by the launching authority.

Article 6

For the purposes of this Agreement, the term ‘launching authority’ shall refer to the state responsible for launching, or, where an international intergovernmental organisation is responsible for launching, that organisation, provided that that organisation declares its acceptance of the rights and obligations provided for in this Agreement and a majority of the states members of that organisation are Contracting Parties to this Agreement and to the Treaty on Principles Governing the Activities of states in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies.

Article 7

1This Agreement shall be open to all states for signature. Any state which does not sign this Agreement before its entry into force in accordance with para 3 of this Article may accede to it at any time.

2This Agreement shall be subject to ratification by signatory states. Instruments of ratification and instruments of accession shall be deposited with the governments of the United Kingdom of Great Britain and Northern Ireland, the Union of Soviet Socialist Republics and the United States of America, which are hereby designated the Depositary Governments.

3This Agreement shall enter into force upon the deposit of instruments of ratification by five governments including the governments designated as Depositary Governments under this Agreement.

4For states whose instruments of ratification or accession are deposited subsequent to the entry into force of this Agreement, it shall enter into force on the date of the deposit of their instruments of ratification or accession.

5The Depositary Governments shall promptly inform all signatory and acceding states of the date of each signature, the date of deposit of each instrument of ratification of and accession to this Agreement, the date of its entry into force and other notices.

6This Agreement shall be registered by the Depositary Governments pursuant to Article 102 of the Charter of the United Nations.

Article 8

Any State Party to the Agreement may propose amendments to this Agreement. Amendments shall enter into force for each State Party to the Agreement accepting the amendments upon their acceptance by a majority of the States Parties to the Agreement and thereafter for each remaining State Party to the Agreement on the date of acceptance by it.

Article 9

Any State Party to the Agreement may give notice of its withdrawal from the Agreement one year after its entry into force by written notification to the

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Depositary Governments. Such withdrawal shall take effect one year from the date of receipt of this notification.

Article 10

This Agreement, of which the English, Russian, French, Spanish and Chinese texts are equally authentic, shall be deposited in the archives of the Depositary Governments. Duly certified copies of this Agreement shall be transmitted by the Depositary Governments to the governments of the signatory and acceding states.

In witness whereof the undersigned, duly authorised, have signed this Agreement.

Done in triplicate, at the cities of London, Moscow and Washington, the twentysecond day of April, one thousand nine hundred and sixty-eight.

AGREEMENT GOVERNING THE ACTIVITIES OF STATES ON THE MOON AND OTHER CELESTIAL BODIES (1979)

ENTERED INTO FORCE: 11 July 1984 The States Parties to this Agreement,

Noting the achievements of states in the exploration and use of the moon and other celestial bodies,

Recognising that the moon, as a natural satellite of the earth, has an important role to play in the exploration of outer space,

Determined to promote on the basis of equality the further development of cooperation among states in the exploration and use of the moon and other celestial bodies,

Desiring to prevent the moon from becoming an area of international conflict,

Bearing in mind the benefits which may be derived from the exploitation of the natural resources of the moon and other celestial bodies,

Recalling the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, the Convention on International Liability for Damage Caused by Space Objects, and the Convention on Registration of Objects Launched into Outer Space,

Taking into account the need to define and develop the provisions of these international instruments in relation to the moon and other celestial bodies, having regard to further progress in the exploration and use of outer space,

Have agreed on the following:

Article 1

1The provisions of this Agreement relating to the moon shall also apply to other celestial bodies within the solar system, other than the earth, except in so far as specific legal norms enter into force with respect to any of these celestial bodies.

2For the purposes of this Agreement reference to the moon shall include orbits around or other trajectories to or around it.

3This Agreement does not apply to extraterrestrial materials which reach the surface of the earth by natural means.

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Article 2

All activities on the moon, including its exploration and use, shall be carried out in accordance with international law, in particular the Charter of the United Nations, and taking into account the Declaration on Principles of International Law concerning Friendly Relations and Co-operation Among states in accordance with the Charter of the United Nations, adopted by the General Assembly on 24 October 1970, in the interests of maintaining international peace and security and promoting international co-operation and mutual understanding, and with due regard to the corresponding interests of all other States Parties.

Article 3

1The moon shall be used by all States Parties exclusively for peaceful purposes.

2Any threat or use of force or any other hostile act or threat of hostile act on the moon is prohibited. It is likewise prohibited to use the moon in order to commit any such act or to engage in any such threat in relation to the earth, the moon, spacecraft, the personnel of spacecraft or man-made space objects.

3States Parties shall not place in orbit around or other trajectory to or around the moon objects carrying nuclear weapons or any other kinds of weapons of mass destruction or place or use such weapons on or in the moon.

4The establishment of military bases, installations and fortifications, the testing of any type of weapons and the conduct of military manoeuvres on the moon shall be forbidden. The use of military personnel for scientific research or for any other peaceful purposes shall not be prohibited. The use of any equipment or facility necessary for peaceful exploration and use of the moon shall also not be prohibited.

Article 4

1The exploration and use of the moon shall be the province of all mankind and shall be carried out for the benefit and in the interests of all countries, irrespective of their degree of economic or scientific development. Due regard shall be paid to the interests of present and future generations as well as to the need to promote higher standards of living and conditions of economic and social progress and development in accordance with the Charter of the United Nations.

2States Parties shall be guided by the principle of co-operation and mutual assistance in all their activities concerning the exploration and use of the moon. International co-operation in pursuance of this Agreement should be as wide as possible and may take place on a multilateral basis, on a bilateral basis or through international intergovernmental organisations.

Article 5

1States Parties shall inform the Secretary General of the United Nations as well as the public and the international scientific community, to the greatest extent feasible and practicable, of their activities concerned with the exploration and use of the moon. Information on the time, purposes, locations, orbital parameters and duration shall be given in respect of each mission to the moon as soon as possible after launching, while information on the results of each mission, including scientific results, shall be furnished upon completion of the mission. In the case of a mission lasting more than thirty days, information on conduct of the mission, including any scientific results, shall be given periodically at thirty days’ intervals. For missions lasting more than

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six months, only significant additions to such information need be reported thereafter.

2If a State Party becomes aware that another State Party plans to operate simultaneously in the same area of or in the same orbit around or trajectory to or around the moon, it shall promptly inform the other state of the timing of and plans for its own operations.

3In carrying out activities under this Agreement, States Parties shall promptly inform the Secretary General, as well as the public and the international scientific community, of any phenomena they discover in outer space, including the moon, which could endanger human life or health, as well as of any indication of organic life.

Article 6

1There shall be freedom of scientific investigation on the moon by all States Parties without discrimination of any kind, on the basis of equality and in accordance with international law.

2In carrying out scientific investigations and in furtherance of the provisions of this Agreement, the States Parties shall have the right to collect on and remove from the moon samples of its mineral and other substances. Such samples shall remain at the disposal of those States Parties which caused them to be collected and may be used by them for scientific purposes. States Parties shall have regard to the desirability of making a portion of such samples available to other interested States Parties and the international scientific community for scientific investigation. States Parties may in the course of scientific investigations also use mineral and other substances of the moon in quantities appropriate for the support of their missions.

3States Parties agree on the desirability of exchanging scientific and other personnel on expeditions to or installations on the moon to the greatest extent feasible and practicable.

Article 7

1In exploring and using the moon, States Parties shall take measures to prevent the disruption of the existing balance of its environment whether by introducing adverse changes in that environment, by its harmful contamination through the introduction of extra-environmental matter or otherwise. States Parties shall also take measures to avoid harmfully affecting the environment of the earth through the introduction of extraterrestrial matter or otherwise.

2States Parties shall inform the Secretary General of the United Nations of the measures being adopted by them in accordance with para 1 of this article and shall also, to the maximum extent feasible, notify him in advance of all placements by them of radio-active materials on the moon and of the purposes of such placements.

3States Parties shall report to other States Parties and to the Secretary General concerning areas of the moon having special scientific interest in order that, without prejudice to the rights of other States Parties, consideration may be given to the designation of such areas as international scientific preserves for which special protective arrangements are to be agreed upon in consultation with the competent bodies of the United Nations.

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Article 8

1States Parties may pursue their activities in the exploration and use of the moon anywhere on or below its surface, subject to the provisions of this Agreement.

2For these purposes States Parties may, in particular:

(a)land their space objects on the moon and launch them from the moon;

(b)place their personnel, space vehicles, equipment, facilities, and installations anywhere on or below the surface of the moon.

Personnel, space vehicles, equipment, facilities, stations and installations may move or be moved freely over or below the surface of the moon.

3Activities of States Parties in accordance with paras 1 and 2 of this article shall not interfere with the activities of other States Parties on the moon. Where such interference may occur, the States Parties concerned shall undertake consultations in accordance with Article 15, paras 2 and 3 of this Agreement.

Article 9

1States Parties may establish manned and unmanned stations on the moon. A State Party establishing a station shall use only that area which is required for the needs of the station and shall immediately inform the Secretary General of the United Nations of the location and purposes of that station. Subsequently, at annual intervals that state shall likewise inform the Secretary General whether the station continues in use and whether its purposes have changed.

2Stations shall be installed in such a manner that they do not impede the free access to all areas of the moon by personnel, vehicles and equipment of other States Parties conducting activities on the moon in accordance with the provisions of this Agreement or of Article I of the Treaty on Principles Governing the Activities of states in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies.

Article 10

1States Parties shall adopt all practicable measures to safeguard the life and health of persons on the moon. For this purpose they shall regard any person on the moon as an astronaut within the meaning of Article V of the Treaty on Principles Governing the Activities of states in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies and as part of the personnel of a spacecraft within the meaning of the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space.

2States Parties shall offer shelter in their stations, installations, vehicles and other facilities to persons in distress on the moon.

Article 11

1The moon and its natural resources are the common heritage of mankind, which finds its expression in the provisions of this Agreement and in particular in para 5 or this article.

2The moon is not subject to national appropriation by any claim of sovereignty, by means of use or occupation, or by any other means.

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3Neither the surface nor the subsurface of the moon, nor any part thereof or natural resources in place, shall become property of any state, international intergovernmental or non-governmental organisation, national organisation or non-governmental entity or of any natural person. The placement of personnel, space vehicles, equipment, facilities, stations and installations on or below the surface of the moon, including structures connected with its surface or subsurface, shall not create a right of ownership over the surface or the subsurface of the moon or any areas thereof. The foregoing provisions are without prejudice to the international regime referred to in para 5 of this article.

4States Parties have the right to exploration and use of the moon without discrimination of any kind, on a basis of equality and in accordance with international law and the terms of this Agreement.

5States Parties to this Agreement hereby undertake to establish an international regime, including appropriate procedures, to govern the exploitation of the natural resources of the moon as such exploitation is about to become feasible. This provision shall be implemented in accordance with Article 18 of this Agreement.

6In order to facilitate the establishment of the international regime referred to in para 5 of this article, States Parties shall inform the Secretary General of the United Nations as well as the public and the international scientific community, to the greatest extent feasible and practicable, of any natural resources they may discover on the moon.

7The main purposes of the international regime to be established shall include:

(a)the orderly and safe development of the natural resources of the moon;

(b)the rational management of those resources;

(c)the expansion of opportunities in the use of those resources;

(d)an equitable sharing by all States Parties in the benefits derived from those resources, whereby the interests and needs of the developing countries, as well as the efforts of those countries which have contributed either directly or indirectly to the exploration of the moon, shall be given special consideration.

8All the activities with respect to the natural resources of the moon shall be carried out in a manner compatible with the purposes specified in para 7 of this article and the provisions of Article 6, para 2, of this Agreement.

Article 12

1States Parties shall retain jurisdiction and control over their personnel, vehicles, equipment, facilities, stations and installations on the moon. The ownership of space vehicles, equipment, facilities, stations and installations shall not be affected by their presence on the moon.

2Vehicles, installations and equipment or their component parts found in places other than their intended location shall be dealt with in accordance with Article 5 of the Agreement on Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space.

3In the event of an emergency involving a threat to human life, States Parties may use the equipment, vehicles, installations, facilities or supplies of other States Parties on the moon. Prompt notification of such use shall be made to the Secretary General of the United Nations or the State Party concerned.

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Article 13

A State Party which learns of the crash landing, forced landing or other unintended landing on the moon of a space object, or its component parts, that were not launched by it, shall promptly inform the launching State Party and the Secretary General of the United Nations.

Article 14

1States Parties to this Agreement shall bear international responsibility for national activities on the moon, whether such activities are carried on by governmental agencies or by non-governmental entities, and for assuring that national activities are carried out in conformity with the provisions set forth in this Agreement. States Parties shall ensure that non-governmental entities under their jurisdiction shall engage in activities on the moon only under the authority and continuing supervision of the appropriate State Party.

2States Parties recognise that detailed arrangements concerning liability for damage caused on the moon, in addition to the provisions of the Treaty on Principles Governing the Activities of states in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies and the Convention on International Liability for Damage Caused by Space Objects, may become necessary as a result of more extensive activities on the moon. Any such arrangements shall be elaborated in accordance with the procedure provided for in Article 18 of this Agreement.

Article 15

1Each State Party may assure itself that the activities of other States Parties in the exploration and use of the moon are compatible with the provisions of this Agreement. To this end, all space vehicles, equipment, facilities, stations and installations on the moon shall be open to other States Parties. Such States Parties shall give reasonable advance notice of a projected visit, in order that appropriate consultations may be held and that maximum precautions may be taken to assure safety and to avoid interference with normal operations in the facility to be visited. In pursuance of this article, any State Party may act on its own behalf or with the full or partial assistance of any other State Party or through appropriate international procedures within the framework of the United Nations and in accordance with the Charter.

2A State Party which has reason to believe that another State Party is not fulfilling the obligations incumbent upon it pursuant to this Agreement or that another State Party is interfering with the rights which the former state has under this Agreement may request consultations with that State Party. A State Party receiving such a request shall enter into such consultations without delay. Any other State Party which requests to do so shall be entitled to take part in the consultations. Each State Party participating in such consultations shall seek a mutually acceptable resolution of any controversy and shall bear in mind the rights and interests of all States Parties. The Secretary General of the United Nations shall be informed of the results of the consultations and shall transmit the information received to all States Parties concerned.

3If the consultations do not lead to a mutually acceptable settlement which has due regard for the rights and interests of all States Parties, the parties concerned shall take all measures to settle the dispute by other peaceful means of their choice appropriate to the circumstances and the nature of the dispute. If difficulties arise in connexion with the opening of consultations or if consultations do not lead to a mutually acceptable settlement, any State

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Party may seek the assistance of the Secretary General, without seeking the consent of any other State Party concerned, in order to resolve the controversy. A State Party which does not maintain diplomatic relations with another State Party concerned shall participate in such consultations, at its choice, either itself or through another State Party or the Secretary General as intermediary.

Article 16

With the exception of Articles 17 to 21, references in this Agreement to states shall be deemed to apply to any international intergovernmental organisation which conducts space activities if the organisation declares its acceptance of the rights and obligations provided for in this Agreement and if a majority of the states members of the organisation are States Parties to this Agreement and to the Treaty on Principles Governing the Activities of states in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies. states members of any such organisation which are States Parties to this Agreement shall take all appropriate steps to ensure that the organisation makes a declaration in accordance with the foregoing.

Article 17

Any State Party to this Agreement may propose amendments to the Agreement. Amendments shall enter into force for each State Party to the Agreement accepting the amendments upon their acceptance by a majority of the States Parties to the Agreement and thereafter for each remaining State Party to the Agreement on the date of acceptance by it.

Article 18

Ten years after the entry into force of this Agreement, the question of the review of the Agreement shall be included in the provisional agenda of the General Assembly of the United Nations in order to consider, in the light of past application of the Agreement, whether it requires revision. However, at any time after the Agreement has been in force for five years, the Secretary General of the United Nations, as depository, shall, at the request of one third of the States Parties to the Agreement and with the concurrence of the majority of the States Parties, convene a conference of the States Parties to review this Agreement. A review conference shall also consider the question of the implementation of the provisions of Article 11, para 5, on the basis of the principle referred to in para 1 of that article and taking into account in particular any relevant technological developments.

Article 19

1This Agreement shall be open for signature by all states at United Nations Headquarters in New York.

2This Agreement shall be subject to ratification by signatory states. Any state which does not sign this Agreement before its entry into force in accordance with para 3 of this article may accede to it at any time. Instruments of ratification or accession shall be deposited with the Secretary General of the United Nations.

3This Agreement shall enter into force on the thirtieth day following the date of deposit of the fifth instrument of ratification.

4For each state depositing its instrument of ratification or accession after the entry into force of this Agreement, it shall enter into force on the thirtieth day following the date of deposit of any such instrument.

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5The Secretary General shall promptly inform all signatory and acceding states of the date of each signature, the date of deposit of each instrument of ratification or accession to this Agreement, the date of its entry into force and other notices.

Article 20

Any State Party to this Agreement may give notice of its withdrawal from the Agreement one year after its entry into force by written notification to the Secretary General of the United Nations. Such withdrawal shall take effect one year from the date of receipt of this notification.

Article 21

The original of this Agreement, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary General of the United Nations, who shall send certified copies thereof to all signatory and acceding states.

In witness whereof the undersigned, being duly authorised thereto by their respective governments, have signed this Agreement, opened for signature at New York on 18 December 1979.

CONVENTION ON REGISTRATION OF OBJECTS LAUNCHED INTO OUTER SPACE (1975)

The States Parties to this Convention,

Recognising the common interest of all mankind in furthering the exploration and use of outer space for peaceful purposes,

Recalling that the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies of 27 January 1967 affirms that states shall bear international responsibility for their national activities in outer space and refers to the state on whose registry an object launched into outer space is carried,

Recalling also that the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space of 22 April 1968 provides that a launching authority shall, upon request, furnish identifying data prior to the return of an object it has launched into outer space found beyond the territorial limits of the launching authority,

Recalling further that the Convention on International Liability for Damage Caused by Space Objects of 29 March 1972 establishes international rules and procedures concerning the liability of launching states for damage caused by their space objects,

Desiring, in the light of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, to make provision for the national registration by launching states of space objects launched into outer space,

Desiring further that a central register of objects launched into outer space be established and maintained, on a mandatory basis, by the Secretary General of the United Nations,

Desiring also to provide for States Parties additional means and procedures to assist in the identification of space objects,

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Believing that a mandatory system of registering objects launched into outer space would, in particular, assist in their identification and would contribute to the application and development of international law governing the exploration and use of outer space,

Have agreed on the following:

Article I

For the purposes of this Convention:

(a)The term ‘launching state’ means:

(i)a state which launches or procures the launching of a space object;

(ii)a state from whose territory or facility a space object is launched;

(b)The term ‘space object’ includes component parts of a space object as well as its launch vehicle and parts thereof;

(c)The term ‘state of registry’ means a launching state on whose registry a space object is carried in accordance with Article II.

Article II

1When a space object is launched into earth orbit or beyond, the launching state shall register the space object by means of an entry in an appropriate registry which it shall maintain. Each launching state shall inform the Secretary General of the United Nations of the establishment of such a registry.

2Where there are two or more launching states in respect of any such space object, they shall jointly determine which one of them shall register the object in accordance with para 1 of this article, bearing in mind the provisions of Article VIII of the Treaty on principles governing the activities of states in the exploration and use of outer space, including the moon and other celestial bodies, and without prejudice to appropriate agreements concluded or to be concluded among the launching states on jurisdiction and control over the space object and over any personnel thereof.

3The contents of each registry and the conditions under which it is maintained shall be determined by the state of registry concerned.

Article III

1The Secretary General of the United Nations shall maintain a Register in which the information furnished in accordance with Article IV shall be recorded.

2There shall be full and open access to the information in this Register.

...

CONVENTION ON INTERNATIONAL LIABILITY FOR DAMAGE CAUSED BY SPACE OBJECTS (1972)

ENTERED INTO FORCE: 1 September 1972 The States Parties to this Convention,

Recognising the common interest of all mankind in furthering the exploration and use of outer space for peaceful purposes,

Recalling the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies,

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Taking into consideration that, notwithstanding the precautionary measures to be taken by states and international intergovernmental organisations involved in the launching of space objects, damage may on occasion be caused by such objects,

Recognising the need to elaborate effective international rules and procedures concerning liability for damage caused by space objects and to ensure, in particular, the prompt payment under the terms of this Convention of a full and equitable measure of compensation to victims of such damage,

Believing that the establishment of such rules and procedures will contribute to the strengthening of international co-operation in the field of the exploration and use of outer space for peaceful purposes,

Have agreed on the following:

Article I

For the purposes of this Convention:

(a)The term ‘damage’ means loss of life, personal injury or other impairment of health; or loss of or damage to property of states or of persons, natural or juridical, or property of international intergovernmental organisations;

(b)The term ‘launching’ includes attempted launching;

(c)The term ‘launching state’ means:

(i)a state which launches or procures the launching of a space object;

(ii)a state from whose territory or facility a space object is launched;

(d)The term ‘space object’ includes component parts of a space object as well as its launch vehicle and parts thereof.

Article II

A launching state shall be absolutely liable to pay compensation for damage caused by its space object on the surface of the earth or to aircraft in flight.

Article III

In the event of damage being caused elsewhere than on the surface of the earth to a space object of one launching state or to persons or property on board such a space object by a space object of another launching state, the latter shall be liable only if the damage is due to its fault or the fault of persons for whom it is responsible.

Article IV

1In the event of damage being caused elsewhere than on the surface of the earth to a space object of one launching state or to persons or property on board such a space object by a space object of another launching state, and of damage thereby being caused to a third state or to its natural or juridical persons, the first two states shall be jointly and severally liable to the third state, to the extent indicated by the following:

(a)if the damage has been caused to the third state on the surface of the earth or to aircraft in flight, their liability to the third state shall be absolute;

(b)if the damage has been caused to a space object of the third state or to persons or property on board that space object elsewhere than on the surface of the earth, their liability to the third state shall be based on the fault of either of the first two states or on the fault of persons for whom either is responsible.

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2In all cases of joint and several liability referred to in para 1 of this Article, the burden of compensation for the damage shall be apportioned between the first two states in accordance with the extent to which they were at fault; if the extent of the fault of each of these states cannot be established, the burden of compensation shall be apportioned equally between them. Such apportionment shall be without prejudice to the right of the third state to seek the entire compensation due under this Convention from any or all of the launching states which are jointly and severally liable.

Article V

1Whenever two or more states jointly launch a space object, they shall be jointly and severally liable for any damage caused.

2A launching state which has paid compensation for damage shall have the right to present a claim for indemnification to other participants in the joint launching. The participants in a joint launching may conclude agreements regarding the apportioning among themselves of the financial obligation in respect of which they are jointly and severally liable. Such agreements shall be without prejudice to the right of a state sustaining damage to seek the entire compensation due under this Convention from any or all of the launching states which are jointly and severally liable.

3A state from whose territory or facility a space object is launched shall be regarded as a participant in a joint launching.

Article VI

1Subject to the provisions of para 2 of this Article, exoneration from absolute liability shall be granted to the extent that a launching state establishes that the damage has resulted either wholly or partially from gross negligence or from an act or omission done with intent to cause damage on the part of a claimant state or of natural or juridical persons it represents.

2No exoneration whatever shall be granted in cases where the damage has resulted from activities conducted by a launching state which are not in conformity with international law including, in particular, the Charter of the United Nations and the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies.

Article VII

The provisions of this Convention shall not apply to damage caused by a space object of a launching state to:

(a)nationals of that launching state;

(b)foreign nationals during such time as they are participating in the operation of that space object from the time of its launching or at any stage thereafter until its descent, or during such time as they are in the immediate vicinity of a planned launching or recovery area as the result of an invitation by that launching state.

Article VIII

1A state which suffers damage, or whose natural or juridical persons suffer damage, may present to a launching state a claim for compensation for such damage.

2If the state of nationality has not presented a claim, another state may, in respect of damage sustained in its territory by any natural or juridical person, present a claim to a launching state.

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3If neither the state of nationality nor the state in whose territory the damage was sustained has presented a claim or notified its intention of presenting a claim, another state may, in respect of damage sustained by its permanent residents, present a claim to a launching state.

Article IX

A claim for compensation for damage shall be presented to a launching state through diplomatic channels. If a state does not maintain diplomatic relations with the launching state concerned, it may request another state to present its claim to that launching state or otherwise represent its interests under this Convention. It may also present its claim through the Secretary General of the United Nations, provided the claimant state and the launching state are both Members of the United Nations.

Article X

1A claim for compensation for damage may be presented to a launching state not later than one year following the date of the occurrence of the damage or the identification of the launching state which is liable.

2If, however, a state does not know of the occurrence of the damage or has not been able to identify the launching state which is liable, it may present a claim within one year following the date on which it learned of the aforementioned facts; however, this period shall in no event exceed one year following the date on which the state could reasonably be expected to have learned of the facts through the exercise of due diligence.

3The time-limits specified in paras 1 and 2 of this article shall apply even if the full extent of the damage may not be known. In this event, however, the claimant state shall be entitled to revise the claim and submit additional documentation after the expiration of such time limits until one year after the full extent of the damage is known.

Article XI

1Presentation of a claim to a launching state for compensation for damage under this Convention shall not require the prior exhaustion of any local remedies which may be available to a claimant state or to natural or juridical persons it represents.

2Nothing in this Convention shall prevent a state, or natural or juridical persons it might represent, from pursuing a claim in the courts or administrative tribunals or agencies of a launching state. A state shall not, however, be entitled to present a claim under this Convention in respect of the same damage for which a claim is being pursued in the courts or administrative tribunals or agencies of a launching state or under another international agreement which is binding on the states concerned.

Article XII

The compensation which the launching state shall be liable to pay for damage under this Convention shall be determined in accordance with international law and the principles of justice and equity, in order to provide such reparation in respect of the damage as will restore the person, natural or juridical, state or international organisation on whose behalf the claim is presented to the condition which would have existed if the damage had not occurred.

Article XIII

Unless the claimant state and the state from which compensation is due under this Convention agree on another form of compensation, the compensation shall

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be paid in the currency of the claimant state or, if that state so requests, in the currency of the state from which compensation is due.

Article XIV

If no settlement of a claim is arrived at through diplomatic negotiations as provided for in Article IX, within one year from the date on which the claimant state notifies the launching state that it has submitted the documentation of its claim, the parties concerned shall establish a Claims Commission at the request of either party.

Article XV

1The Claims Commission shall be composed of three members: one appointed by the claimant state, one appointed by the launching state and the third member, the Chairman, to be chosen by both parties jointly. Each party shall make its appointment within two months of the request for the establishment of the Claims Commission.

2If no agreement is reached on the choice of the Chairman within four months of the request for the establishment of the Commission, either party may request the Secretary General of the United Nations to appoint the Chairman within a further period of two months.

Article XVI

1If one of the parties does not make its appointment within the stipulated period, the Chairman shall, at the request of the other party, constitute a single-member Claims Commission.

2Any vacancy which may arise in the Commission for whatever reason shall be filled by the same procedure adopted for the original appointment.

3The Commission shall determine its own procedure.

4The Commission shall determine the place or places where it shall sit and all other administrative matters.

5Except in the case of decisions and awards by a single-member Commission, all decision and awards of the Commission shall be by majority vote.

Article XVII

No increase in the membership of the Claims Commission shall take place by reason of two or more claimant states or launching states being joined in any one proceeding before the Commission. The claimant states so joined shall collectively appoint one member of the Commission in the same manner and subject to the same conditions as would be the case for a single claimant state. When two or more launching states are so joined, they shall collectively appoint one member of the Commission in the same way. If the claimant states or the launching states do not make the appointment within the stipulated period, the Chairman shall constitute a single-member Commission.

Article XVIII

The Claims Commission shall decide the merits of the claim for compensation and determine the amount of compensation payable, if any.

Article XIX

1The Claims Commission shall act in accordance with the provisions of Article XII.

2The decision of the Commission shall be final and binding if the parties have so agreed; otherwise the Commission shall render a final and

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recommendatory award, which the parties shall consider in good faith. The Commission shall state the reasons for its decision or award.

3The Commission shall give its decision or award as promptly as possible and no later than one year from the date of its establishment, unless an extension of this period is found necessary by the Commission.

4The Commission shall make its decision or award public. It shall deliver a certified copy of its decision or award to each of the parties and to the Secretary General of the United Nations.

Article XX

The expenses in regard to the Claims Commission shall be borne equally by the parties, unless otherwise decided by the Commission.

Article XXI

If the damage caused by a space object presents a large-scale danger to human life or seriously interferes with the living conditions of the population or the functioning of vital centres, the States Parties, and in particular the launching state, shall examine the possibility of rendering appropriate and rapid assistance to the state which has suffered the damage, when it so requests. However, nothing in this article shall affect the rights or obligations of the States Parties under this Convention.

Article XXII

1In this Convention, with the exception of Articles XXIV to XXVII, references to states shall be deemed to apply to any international intergovernmental organisation which conducts space activities if the organisation declares its acceptance of the rights and obligations provided for in this Convention and if a majority of the states members of the organisation are State Parties to this Convention and to the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies.

2States Members of any such organisation which are States Parties to this Convention shall take all appropriate steps to ensure that the organisation makes a declaration in accordance with the preceding paragraph.

3If an international intergovernmental organisation is liable for damage by virtue of the provisions of this Convention, that organisation and those of its members which are States Parties to this Convention shall be jointly and severally liable; provided, however, that:

(a)any claim for compensation in respect of such damage shall be first presented to the organisation;

(b)only where the organisation has not paid, within a period of six months, any sum agreed or determined to be due as compensation for such damage, may the claimant state invoke the liability of the members which are States Parties to this Convention for the payment of that sum.

4Any claim, pursuant to the provisions of this Convention, for compensation in respect of damage caused to an organisation which has made a declaration in accordance with para 1 of this Article shall be presented by a state member of the organisation which is a State Party to this Convention.

Article XXIII

1The provisions of this Convention shall not affect other international agreements in force in so far as relations between the States Parties to such agreements are concerned.

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2No provision of this Convention shall prevent states from concluding international agreements reaffirming, supplementing or extending its provisions.

Article XXIV

1This Convention shall be open to all states for signature. Any state which does not sign this Convention before its entry into force in accordance with para 3 of this article may accede to it at any time.

2This Convention shall be subject to ratification by signatory states. Instruments of ratification and instruments of accession shall be deposited with the governments of the United Kingdom of Great Britain and Northern Ireland, the Union of Soviet Socialist Republics and the United States of America, which are hereby designated the Depositary Governments.

3.This Convention shall enter into force on the deposit of the fifth instrument of ratification.

4For states whose instruments of ratification or accession are deposited subsequent to the entry into force of this Convention, it shall enter into force on the date of the deposit of their instruments of ratification or accession.

5The Depositary Governments shall promptly inform all signatory and acceding states of the date of each signature, the date of deposit of each instrument of ratification of and accession to this Convention, the date of its entry into force and other notices.

6This Convention shall be registered by the Depositary Governments pursuant to Article 102 of the Charter of the United Nations.

Article XXV

Any State Party to this Convention may propose amendments to this Convention. Amendments shall enter into force for each State Party to the Convention accepting the amendments upon their acceptance by a majority of the States Parties to the Convention and thereafter for each remaining State Party on the date of acceptance by it.

Article XXVI

Ten years after the entry into force of this Convention, the question of the review of this Convention shall be included in the provisional agenda of the United Nations General Assembly in order to consider, in the light of past application of the Convention, whether it requires revision. However, at any time after the Convention has been in force for five years, and at the request of one third of the States Parties to the Convention, and with the concurrence of the majority of the States Parties, a conference of the States Parties shall be convened to review this Convention.

Article XXVII

Any State Party to this Convention may give notice of its withdrawal from the Convention one year after its entry into force by written notification to the Depositary Governments. Such withdrawal shall take effect one year from the date of receipt of this notification.

Article XXVIII

This Convention, of which the English, Russian, French, Spanish and Chinese texts are equally authentic, shall be deposited in the archives of the Depositary Governments. Duly certified copies of this Convention shall be transmitted by the Depositary Governments to the governments of the signatory and acceding states.

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In witness whereof the undersigned, duly authorised thereto, have signed this Convention.

Done in triplicate, at the cities of London, Moscow and Washington, this twentyninth day of March, one thousand nine hundred and seventy-two.

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