Статус Конвенции о международной ответственности за ущерб, причиненный космическими объектами (Москва, Лондон, Вашингтон, 29 марта 1972 года) [рус., англ.]

[неофициальный перевод]

СТАТУС КОНВЕНЦИИ О МЕЖДУНАРОДНОЙ ОТВЕТСТВЕННОСТИ ЗА УЩЕРБ, ПРИЧИНЕННЫЙ КОСМИЧЕСКИМИ ОБЪЕКТАМИ (МОСКВА, ЛОНДОН, ВАШИНГТОН, 29 МАРТА 1972 ГОДА)

(последние изменения произошли 30 июня 2017 года)

Вступление в силу: 01.09.1972

CONVENTION ON INTERNATIONAL LIABILITY FOR DAMAGE CAUSED BY SPACE OBJECTS London, Moscow and Washington, 29 March 1972

Date of most recent action: June 30, 2017

Done: London, Moscow, and Washington March 29, 1972

Opened For Signature: In accordance with Article XXIV, paragraph 1, the Convention was open to all States for signature and any State which did not sign the Convention before its entry into force may accede to it at any time.

Entry into Force: September 1, 1972

In accordance with Article XXIV, paragraph 2, the Convention shall be subject to ratification by signatory States and instruments of ratification and instruments of accession shall be deposited with the designated Depositary Governments [Russian Federation, United Kingdom, United States]. In accordance with Article XXIV, paragraph 3, the Agreement entered into force on the deposit of the fifth instrument of ratification. In accordance with Article XXIV, paragraph 4, for States whose instruments of ratification or accession are deposited subsequent to the entry into force of the Convention, it shall enter into force on the date of the deposit of their instruments of ratification or accession.

Note: This status list reflects actions at Washington only.

Legend: (no mark) = ratification; a = accession; d = succession; c = acceptance; p = approval; h = adherence

<1> Algeria signed the Convention at London April 20, 1972.

<2> Date of deposit of notification of succession to the Convention by Antigua and Barbuda.

<3> The instrument of ratification of the Convention by Austria contains a declaration «that Austria will recognize as binding, in relation to any other State accepting the same obligation, the decision of a Claims Commission concerning any dispute to which Austria may become a party under the terms of the Convention...»

<4> Date of receipt of notification of succession to the Convention by Bosnia and Herzegovina. The former Socialist Federal Republic of Yugoslavia acceded to the Convention on October 20, 1975.

<5> The instrument of accession to the Convention by Canada was accompanied by a note to the Secretary of State from the Canadian Ambassador to Washington, dated February 19, 1975, which states in relevant part as follows:

«...the Government of Canada hereby declares that it will recognize as binding, in relation to any other State accepting the same obligation, the decision of a Claims Commission concerning any dispute to which Canada may become a party under the terms of the Convention...».

<6> The Republic of China signed the Convention on March 29, 1972 and deposited an instrument of ratification of the Convention on February 9, 1973. Effective January 1, 1979, the United States recognized the People's Republic of China as the sole legal government of China. The authorities on Taiwan state that they will continue to abide by the provisions of the Convention and the United States regards them as bound by its obligations.

On December 19, 1988, the People's Republic of China deposited an instrument of accession to the Convention which included a statement that the signature and ratification of the Convention by the Taiwan authorities are «illegal, and null and void.»

The Ambassador of the People's Republic of China to Washington addressed a note, dated June 3, 1997, to the Secretary of State, an English translation of which reads as follows:

«Your Excellency,»

«In accordance with the Joint Declaration of the Government of the People's Republic of China and the Government of the United Kingdom of Great Britain and Northern Ireland on the Question of Hong Kong signed on 19 December 1984, the People's Republic of China will resume the exercise of sovereignty over Hong Kong with effect from 1 July 1997. Hong Kong will, with effect from that date, become a Special Administrative Region of the People's Republic of China and will enjoy a high degree of autonomy, except in foreign and defense affairs which are the responsibilities of the Central People's Government of the People's Republic of China.»

«In this connection, I am instructed by the Minister of Foreign Affairs of the People's Republic of China to make the following notification:»

«The Convention on International Liability for Damage Caused by Space Objects done on 29 March 1972 (hereinafter referred to as the „Convention“) to which the Government of the People's Republic of China deposited its instrument of accession on [19] December 1988, will apply to the Hong Kong Special Administrative Region with effect from 1 July 1997. „The Government of the People's Republic of China will assume responsibility for the international rights and obligations arising from the application of the Convention to the Hong Kong Special Administrative Region.“»

«It would be appreciated if the contents of this Note could be placed formally on record and brought to the attention of the other Parties to the Convention.»

«Please accept, Your excellency, the assurances of my highest consideration.»

<7> Date of notification of succession to the Convention by Croatia. The former Socialist Federal Republic of Yugoslavia acceded to the Convention on October 20, 1975.

<8> Effective date of succession to the Convention by the Czech Republic is January 1, 1993; the former Czechoslovakia signed and ratified the Convention on March 29, 1972 and September 8, 1976, respectively. On December 31, 1992, at midnight, Czechoslovakia ceased to exist and was succeeded by two separate and independent states, the Czech Republic and the Slovak Republic.

<9> The instrument of ratification of the Convention by Denmark was accompanied by a note from the Danish Minister of Foreign Affairs, dated February 15, 1977, which states in relevant part as follows:

«...Denmark will recognise as binding, in relation to any other State accepting the same obligation, the decision of a Claims Commission concerning any dispute to which Denmark may become a party under the terms of the Convention...»

<10> The European Telecommunications Satellite Organization (EUTELSAT) declared its acceptance of the rights and obligations provided for in the Convention in accordance with Article XXII, paragraph 1 thereof.

<11> On October 24, 2001, Finland deposited a declaration which states in relevant part as follows: «...the Government of the Republic of Finland declares that Finland will recognise as binding, in relation to any other State accepting the same obligation, the decision of a Claims Commission concerning any dispute to which Finland may become a party under the terms of the Convention.»

<12> The instrument of accession to the Convention by Germany was accompanied by a note from the Chargé d'affaires ad interim of the Embassy of the Federal Republic of Germany in Washington containing a declaration that the Convention «shall also apply to Berlin (West) with effect from the date on which [the Convention] enters into force for the Federal Republic of Germany.»

<13> The signature of the Convention by Greece was accompanied by the following statement: «Greece accepts the decisions of the Committee of Reparations — provided by the Convention — as mandatory only on a reciprocal basis.»

<14> The instrument of ratification of the Convention by Ireland was accompanied by a note to the Secretary of State from the Irish Ambassador to Washington, dated June 29, 1972, which states in relevant part as follows:

«...the Government of Ireland hereby declare that Ireland will recognise as binding, in relation to any other State accepting the same obligation, the decision of a Claims Commission concerning any dispute to which Ireland may become a party under the Convention...»

<15> By a note dated March 29, 1972 in connection with the signature of the Convention by Korea, the Embassy of the Republic of Korea in Washington informed the Department of State as follows: «The signing by the Government of the Republic of Korea of the present Convention does not in any way mean or imply the recognition of any territory or regime which has not been recognized by the Government of the Republic of Korea.»

<16> The instrument of ratification of the Convention by Kuwait was accompanied by a declaration stating as follows:

«In ratifying the Convention on International Liability for Damage caused by Space Objects, 1972, the Government of the State of Kuwait takes the view that its ratification of the said Convention does not in any way imply its recognition of Israel, nor does it oblige it to apply the provisions of the aforementioned Convention in respect of the said country.»

<17> The instrument of accession to the Convention by the Netherlands states that the Convention will apply to the Kingdom in Europe and to the Netherlands Antilles. The instrument of accession was accompanied by a note from the Netherlands Ambassador to Washington, dated February 17, 1981, which contains a declaration «on behalf of the Kingdom of the Netherlands that it will recognize (for the Kingdom in Europe and the Netherlands Antilles) as binding, in relation to any other State accepting the same obligation, the decision of a Claims Commission concerning any dispute to which the Kingdom of the Netherlands may become a party under the terms of the Convention.»

The Royal Netherlands Embassy in Washington transmitted to the Department of State a diplomatic note, dated January 9, 1986, which reads as follows:

«The Royal Netherlands Embassy presents its compliments to the Department of State and has the honor to request the Department's attention for the following with respect to the Department's capacity of depositary of [the Convention on International Liability for Damage Caused by Space Objects].»

«Effective January 1, 1986 the island of Aruba — formerly part of the Netherlands Antilles — obtained internal autonomy as a country within the Kingdom of The Netherlands. Consequently the Kingdom of The Netherlands as of January 1, 1986 consists of three countries, to wit: the Netherlands proper, the Netherlands Antilles and Aruba.»

«Since the abovementioned event concerns only a change in internal constitutional relations within the Kingdom of The Netherlands, and as the Kingdom as such, under international law, will remain the subject with which treaties are concluded, the aforementioned change will have no consequences in international law with regard to treaties concluded by the Kingdom, the application of which (treaties) were extended to the Netherlands Antilles, including Aruba.»

«These treaties, thus, will remain applicable for Aruba in its new status as autonomous country within the Kingdom of The Netherlands effective January 1, 1986.»

«Consequently the [Convention] to which the Kingdom of the Netherlands is a Party, and which [has] been extended to the Netherlands Antilles will as of January 1, 1986 apply to all three countries of the Kingdom of The Netherlands.»

«The Embassy would appreciate if the other Parties concerned would be notified of the above.»

«The Royal Netherlands Embassy avails itself of this opportunity to renew to the Department of State the assurance of its highest consideration.»

The Royal Netherlands Embassy in Washington transmitted to the Department of State a diplomatic note, dated October 6, 2010, which reads in pertinent part as follows:

«The Kingdom of the Netherlands currently consists of three parts: the Netherlands, the Netherlands Antilles and Aruba. The Netherlands Antilles consists of the islands of Curaçao , Sint Maarten, Bonaire, Sint Eustatius and Saba.»

«With effect from 10 October 2010, the Netherlands Antilles will cease to exist as a part of the Kingdom of the Netherlands. From that date onwards, the Kingdom will consist of four parts: the Netherlands, Aruba, Curaçao and Sint Maarten. Curaçao and Sint Maarten will enjoy internal self-government within the Kingdom, as Aruba and, up to 10 October 2010, the Netherlands Antilles do.»

«These changes constitute a modification of the internal constitutional relations within the Kingdom of the Netherlands. The Kingdom of the Netherlands will accordingly remain the subject of international law with which agreements are concluded. The modification of the structure of the Kingdom will therefore not affect the validity of the international agreements ratified by the Kingdom for the Netherlands Antilles; these agreements will continue to apply to Curaçao and Sint Maarten.»

«The other islands that have until now formed part of the Netherlands Antilles — Bonaire, Sint Eustatius and Saba — will become part of the Netherlands, thus constituting „the Caribbean part of the Netherlands“. The agreements that now apply to the Netherlands Antilles will also continue to apply to these islands; however, the Government of the Netherlands will now be responsible for implementing these agreements.»

<18> The instrument of ratification of the Convention by New Zealand contains a declaration stating that the Government of New Zealand «will accept as binding decisions of any Claims Commission established in accordance with Article XIV of the Convention.»

<19> The instrument of ratification of the Convention by Norway was accompanied by a declaration, signed by the Norwegian Minister of Foreign Affairs on March 3, 1995, which states in relevant part as follows: «...I hereby declare, on behalf of the Government of Norway, that Norway will recognise as binding, in relation to any other State accepting the same obligation, the decision of a Claims Commission concerning any dispute to which Norway may become a party under the terms of the Convention...»

<20> Panama signed the Convention at London March 29, 1972.

<21> Date of deposit of notification of succession to the Convention by Papua New Guinea.

<22> The Convention was signed and ratified by the former Union of Soviet Socialist Republics. By a note dated January 13, 1992, the Russian Federation informed the United States Government that it «continues to perform the rights and fulfil the obligations following from the international agreements signed by the Union of Soviet Socialist Republics.»

<23> Date of receipt of notification of succession to the Convention by Slovenia. The former Socialist Federal Republic of Yugoslavia acceded to the Convention on October 20, 1975.

<24> The instrument of accession to the Convention by Sweden is accompanied by a declaration signed by the Swedish Minister of Foreign Affairs on May 24, 1976, which states in relevant part as follows:

«...Sweden will recognise as binding, in relation to any other State accepting the same obligation, the decision of a Claims Commission concerning any dispute to which Sweden may become a party under the terms of the Convention...».

<25> The instrument of ratification of the Convention by the United Kingdom states that the Convention is ratified «in respect of the United Kingdom of Great Britain and Northern Ireland, the Associated States (Antigua, Dominica, Grenada, St. Christopher, Nevis and Anguilla, St. Lucia and St. Vincent) and Territories under the territorial sovereignty of the United Kingdom, as well as the State of Brunei and the British Solomon Islands Protectorate...»

The British Ambassador to Washington addressed a note, dated June 11, 1997, to the Secretary of State which reads as follows:

«Secretary of State»

«I am instructed by Her Britannic Majesty's Principal Secretary of State for Foreign and Commonwealth Affairs to refer to the Convention on International Liability for Damage Caused by Space Objects done at London, Moscow and Washington on 29 March 1972 (hereinafter referred to as the „Convention“) which applies to Hong Kong at present.»

«I am also instructed to state that, in accordance with the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong signed on 19 December 1984, the Government of the United Kingdom will restore Hong Kong to the People's Republic of China with effect from 1 July 1997. The Government of the United Kingdom will continue to have international responsibility for Hong Kong until that date. Therefore, from that date the Government of the United Kingdom will cease to be responsible for the international rights and obligations arising from the application of the Convention to Hong Kong.»

«I should be grateful if the contents of this Note could be placed formally on record and brought to the attention of the other Parties to the Convention.»

«I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration.»