Page:The Air Force Role In Developing International Outer Space Law (Terrill, 1999).djvu/91

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had concerns about various liability standards. Colonel Latella noted that if the principle of "absolute liability" (liability not based on fault) was to be accepted, then a limit for the amount of damages should be recognized. Carroll indicated that the US proposal on liability required extensive technical legal analysis. [1]

During the initial formal meeting of the COPUOS Legal Subcommittee regarding the liability issue in June 1962, the US delegation proposed that the UN secretary general establish an advisory group to draft a liability treaty. The treaty would incorporate five principles:

  • Nations and international organizations, when launching space vehicles, were internationally liable (liable for claims no matter where the injury occurred).
  • Fault need not be proven.
  • Claimants were not required to file in local courts before filing an international claim.
  • Claims had to be presented in a reasonable time.
  • Disputed claims would be settled by the World Court.[2]

None of these principles specifically addressed Colonel Latella's concerns regarding a limit on the amount of damages to be paid by governments.

While the COPUOS Legal Subcommittee's first formal meeting on the liability issue ended in disagreement, international interest in space law remained high. The UN General Assembly passed a resolution in December indicating strong support and concern for the fact that COPUOS had not moved forward regarding space law issues. Work continued slowly on the liability issue during 1963. One year later, and after it had agreed on certain outer space principles, the UN General Assembly requested that the COPUOS Legal Subcommittee promptly draft an international convention regarding liability in conjunction with a convention regarding the rescue and return of astronauts and space vehicles. [3]

In March 1964, during the third session of the subcommittee, the United States introduced the first complete draft liability treaty. This draft


  1. Will Carroll and Col John J. Latella (AFJAL) to Lt Col John L. Sutton (AFXPD-PY), memorandum, subject: Liability for Space Vehicle Accidents, 21 May 1962.
  2. Christol, 61-62.
  3. Ibid., 62-63.

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