On accession of the Republic of Kazakhstan to the convention on international liability for damage caused by space objects

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Law of the Republic of Kazakhstan dated May 15, 1997 No. 107

To join the convention on international liability for damage caused by space objects, signed on March 29, 1972 in Moscow, London and Washington.

President Of The Republic Of Kazakhstan

Convention on international liability for damage caused by space objects

(Entered into force on June 11, 1998-official website of the Ministry of foreign affairs of the Republic of Kazakhstan)

States Parties to this Convention, recognizing the general interest of all mankind in the further peaceful, purposeful exploration and use of outer space, remembering the Treaty on the principles of states for the study and use of outer space, including the Moon and other celestial bodies, States and international intergovernmental organizations to be adopted by the launch of space objects, taking into account that these objects may sometimes cause damage, regardless of insurance measure States Parties to this Convention, recognizing the general interest of all mankind in the further peaceful, purposeful exploration and use of outer space, remembering the Treaty on the principles of states for the study and use of outer space, including the Moon and other celestial bodies, States and international intergovernmental organizations to be adopted by the launch of space objects, taking into account that these objects may sometimes cause damage, regardless of insurance measures, recognizing the need to develop effective international rules and procedures for liability for damage caused by space objects and, in particular, to pay full and fair compensation to victims of such damage on the basis of this convention, believing that such rules and procedures will contribute to strengthening international cooperation in the field of peaceful exploration and use of outer space. agreed on the following:

Article I

For the purposes of this convention: (a) the category "damage" means death, p For the purposes of this convention: (a) the category "damage" means death, physical injury or other damage to health; the creation or damage of the property of states or individuals or legal entities or property of international intergovernmental organizations; (b) the category" launch "includes the action of launch; (C) the category" launch state " means: i) the state carrying out or organizing the launch of a space object; (ii) the state from whose territory or installation the launch of a space object is carried out; d) the category" space object " includes the components of the space object, as well as the means of its delivery and its parts.

Article II

The launching state is fully responsible for compensation for damage caused by its space object to the high surface of the Earth or to an aircraft flying.

Article III

If, in any place other than the upper surface of the earth, damage was caused to a space object of one launching state or to persons or property on board such an object by a space object of another launching state, the latter is liable only if the damage was caused through his own fault.

Article IV

1. If, in any place other than the upper surface of the Earth, a space object of one launching state or persons or property on board such an object has been damaged by a space object of another launching state, and thus damage has occurred to a third state or its individuals or legal entities, the first two states shall bear joint liability to this third state within the following limits: A) if the third state has caused damage to the upper surface of the Earth or to an aircraf, in any place other than the upper surface of the Earth, a space object of one launching state or persons or property on board such an object has been damaged by a space object of another launching state, and thus damage has occurred to a third state or its individuals or legal entities, the first two states shall bear joint liability to this third state within the following limits: A) if the third state has caused damage to the upper surface of the Earth or to an aircraft flying, (B) if the damage has been caused to a space object of the third state or to persons or property aboard such a space object anywhere, except on the upper surface of the earth, then their liability to the third State shall be determined on the basis of the fault of any of the first two states, or on the basis of the 2. In all cases of joint liability referred to in Paragraph 1 of this article, if it is not possible cases of joint liability referred to in Paragraph 1 of this article, if it is not possible to establish the degree of their guilt between the first two states, then the burden of compensation is divided equally between them. Such allocation does not affect the right of a third state to claim all damages from any of the launch States or all launch states that are jointly liable under this convention.

Article V

1.if two or more states jointly launch a space object, they are jointly liable for any damage caused. 2.the launch state, having paid compensation for damage, has the right to file a recourse claim against the remaining participants of the joint launch. For a joint launch, participants can conclude an agreement between themselves on the distribution of financial obligations, under which they are jointly responsible. Such agreements do not affect the right of the damaged state to claim all compensation for damage caused on the basis of this convention from each of the launch States or from all launch States for which it is jointly liable. 3.a participant in a joint launch shall be considered the state from the territory or installation of which the launch of a space object is carried out.

Article VI

1.in 1.in case of compliance with the provisions of Paragraph 2 of this article, exemption from full liability shall be granted in such a way that the launching state proves that the damage occurred in whole or in part as a result of vulgar negligence or actions or omissions committed within the limits of causing damage on the part of the claimant state, or individuals or legal entities providing it. 2. In cases where the damage is the result of the activities of the launch state, in particular, including the Charter of the United Nations and the Treaty on the principles of the activities of states for the study and use of outer space, including the Moon and other celestial bodies, no exemption is granted.

Article VII

The provisions of this convention shall not apply to cases of damage caused by a space object of aThe provisions of this convention shall not apply to cases of damage caused by a space object of a launching state to: (a) citizens of that launching state; (b) foreign citizens during their participation in operations related to this space object, at the time of its launch or when they are in direct proximity to the area of planned launch or return of the object at the invitation of that launching state.

Article VIII

1.a state that has caused damage to itself or caused damage to its individuals or legal entities may file a claim for compensation to the launching State for such damage. 2.if the civil state of the host has not filed a claim, then another state may file a claim against the host state for damage caused to any individual or legal entity in its territory. 3. If neither the civil state of the contracting party nor the state in which the damage was caused on its territory has filed a claim or has not reported its intention to file a claim, then another state may file a claim against the launching State for damage caused to its persons permanently residing in its territory.

Article IX

A claim for compensation for damage is made to the launch state through diplomatic channels. If a state is not in diplomatic relations with the relevant launch state, it may aA claim for compensation for damage is made to the launch state through diplomatic channels. If a state is not in diplomatic relations with the relevant launch state, it may apply to another state on the basis of this convention with a request to express its claims to that launch state or to express its interests in other ways. He may also file a claim through the secretary-general of the United Nations, with the claimant state as well as the launch state having members of the United Nations.

Article X

1.a claim for compensation for damage shall be filed no later than one year from 1.a claim for compensation for damage shall be filed no later than one year from the date of the launch state causing damage or establishing the launch state that bears responsibility for the damage. 2.however, if it is not known to the state that it has caused damage, or if it cannot determine the launch state that is responsible for the damage, this first state may make the claim within one year from the above date; this period, however, should not exceed one year, by reasonable determination, from the date on which such state can learn about the facts with appropriate efforts. 3. The terms defined in Paragraphs 1 and 2 of this article apply even in cases where the full amount of damage is not known. However, the claimant state has the right to review the claim and submit additional documentation on the expiration of such deadlines no later than one year after the full extent of the damage is known.

Article XI

1.the launching state is not required to file a claim for payment for damages caused on the basis of this convention in order for the claimant state or individuals or legal ent 1.the launching state is not required to file a claim for payment for damages caused on the basis of this convention in order for the claimant state or individuals or legal entities represented by it to pre-discharge local funds that may be at their disposal to satisfy the claim. 2.The State or individuals or legal entities represented by it shall not be prevented by any provision of this convention from filing claims or initiating proceedings in courts or administrative tribunals or bodies of the host state. However, the state does not have the right to file a claim for damages on the basis of this convention in the courts or administrative tribunals or in the bodies of the launching State for compensation or compensation on the basis of another international agreement binding on the states concerned.

Article XII

Compensation to be paid by the launch state for damages caused under this convention the requirements of individuals and legal entities on behalf of the state or an international organization, if the damage has not been caused, remain the case, determined in accordance with the principles of international law and justice to ensure their recovery.

Article XIII

If the claimant state and the state to which the indemnity is to be paid on the basis of this Convention do not agree on any other type of indemnity, this indemnity shall be paid in the currency of the claimant state or in the currency of the state to which the indemnity is to be paid at the request of that state.

Article XIV

If the settlement of the claim, as provided for in Article IX, is not achieved through diplomatic negotiations, within one year from the date of notification by the plaintiff state to the launch state that it has submitted documentation on its own behalf, the interested parties shall establish a commission to consider the parties at the request of any of the parties.

Article XV

1.The Commission for consideration of claims shall consist of three members: a member of the commission appointed by the plaintiff state, a member of the commission appointed by the launching state and a chairman jointly elected by both parties. Each party makes appropriate appointments within two months from the date of filing a claim for the creation of a commission for the consideration of claims. 2. If no agreement has been reached on the election of the chairman within four months of the date of the request for the establishment of the commission, any of the parties may apply to the secretary-general of the United Nations with a request to appoint the chairman within the next two-month period.

Article XVI

1.if one of the parties does not make an appropriate appointment within the established period, the chairman acts as the sole head of the Claims Review Commission at the request of the other party. 2.a vacancy that may be opened by the Commission for any reason is filled in in compliance with the procedures adopted for initial appointments to the Commission. 3.The Commission determines the procedure for its work. 4.the Commission determines the place or places of its work and makes decisions on all administrative issues. 5. All decisions and determinations of the commission are made by a majority vote, except for decisions and determinations made by a single Commission.

Article XVII

No increase in the composition of the claims Review Commission is made due to the fact that two or more claim states or launch States will act jointly in any case considered by the Commission. Jointly acting claimant states shall collectively appoint one member of the Commission in the same manner and in compliance with the same rules in cases where the claim is filed by one state. When two or more launch States act together, they collectively appoint one member of the commission in the same manner. If the claimant states or launch States do not make appropriate appointments within the established period, the chairman acts as the sole head of the commission.

Article XVIII

The claims Review Commission establishes the validity of the claim for compensation and determines the amount of compensation, if it is payable.

Article XIX

1.The Commission for consideration of claims shall act in accordance with the provisions of Article XII. 2.the decision of the Commission is final and binding if an agreement has been reached between the parties on this, in other cases the Commission makes a final determination of a recommendatory nature, which is considered by the parties in the spirit of goodwill. The commission issues a justification for its decision or determination. 3. The commission makes its decision or determination within the shortest possible time and one year after the date of its establishment, if it does not consider it necessary to extend this period. 4.The Commission shall announce its decision or determination. He also submits to the secretary-general of the United Nations a copy of his decision or determination, certified by each of the parties.

Article XX

Expenses related to the work of the claims Review Commission are distributed equally between the parties, unless the Commission makes another decision.

Article XXI

If the damage caused by a space object poses a serious threat to the lives of people or has a significant impact on the living conditions of the population or the activities of vital centers, then the states parties and, in particular, the launch state will consider the possibility of providing appropriate unconditional assistance to the damaged state, if the latter applies for it. However, it does not affect the rights or obligations of states parties arising from this convention.

Article XXII

1.reference to states in this convention, with the exception of articles XXIV-XXVII, shall be considered in relation to any international intergovernmental organization, if the majority states parties to this organization are states parties to this convention and the Treaty on the principles of activity of states for the exploration and use of outer space, including the Moon and other celestial bodies. 2. The member states of any such organization that is a party to this convention shall take all necessary measures to ensure the statements made by the organization in accordance with the previous paragraph. 3. if any international intergovernmental organization is liable for damages in accordance with the provisions of this convention, then this organization and its member states, which are parties to the Convention, shall bear joint responsibility, but at the same time comply with the following conditions: a) any claim for compensation for such damages shall be granted to this organization in the first place; (B) if the organization does not pay the agreed or established amount as compensation for such damages within six months, the claimant state may only in this case raise the question of its liability for the payment of this amount to the member states of this organization, which are parties to this convention. 4.any claim for compensation for damage caused to any organization that has made a statement in accordance with paragraph 1 of this article in accordance with the provisions of this convention shall be submitted by a member state of this organization that is a party to this convention.

Article XXIII

1.the provisions of this convention shall not affect other applicable international agreements on relations between the states parties to these agreements. 2.no provision of this convention shall prevent states from concluding supplementary or expanding agreements confirming its provisions.

Article XXIV

1.this convention is open for signature by all states. In accordance with paragraph 3 of this article, any state that has not signed this convention prior to its entry into force may join it at any time. 2.this convention shall be subject to ratification by the states that have established it. Certificates of approval and on documents are transferred for storage to the governments of the United Kingdom of Great Britain and Northern Ireland, the United States of America and the Union of Soviet Socialist Republics, which are hereby designated as depositary governments. 3. This convention shall enter into force after the transfer of the fifth instrument of Ratification for storage. 4.for states whose instruments of ratification or documents of accession are transferred for storage after the entry into force of this convention, it shall enter into force on the day of their certificates of ratification or documents of accession. 5. The depositary States shall immediately notify all signatories to this convention and the states acceding to it of the date of signing by each, of the date of storage of each instrument of ratification and documents of accession, of the date of entry into force of this convention, as well as of other notifications. 6.this convention shall be registered by the depositary States in accordance with Article 102 of the Charter of the United Nations.

Article XXV

Any state party to the convention may propose amendments to this convention. The amendments shall enter into force for each state party to the convention that accepts these amendments after their adoption by the majority states parties to the Convention, and for each other state party to the Convention on the day of their adoption of these amendments.

Article XXVI

Ten years after the entry into force of this convention, the issue of its revision shall be included in the preliminary agenda of the General Assembly of the United Nations to consider on the basis of the practice of applying the convention whether it needs to be amended. However, at any time five years after the entry into force of the convention, at the request of one third of the states parties and with the consent of the majority of the states parties, a conference of the States Parties shall be convened for the purpose of revising this convention.

Article XXVII

Any state party to the convention may declare its withdrawal from the convention one year after its entry into force by means of written notification of the depositary States. Such an exit becomes valid one year after the date of receipt of this notification.

Article XXVIII

This convention, in which English, Spanish, Chinese, Russian and French texts are identical, shall be deposited in the archives of the depositary States. Duly certified copies of this convention shall be sent by the depositary governments to the governments of the states that have signed and acceded to the convention. The following signatories, duly authorized to certify this, have signed this convention. It was made in triplicate on March 29 of the thousand nine hundred and seventy-second year in Moscow, London and Washington.

Deputy general director of the National Aerospace Agency

President

Republic of Kazakhstan

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