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33.3 Circumstances Precluding Wrongfulness in the ILC Articles on State Responsibility: Self-Defence
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35 Allocation of Responsibility for Harmful Consequences of Acts not Prohibited by International Law
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1 The principles of responsibility 1 The principles of responsibility
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(a) Definition of the responsible agent (a) Definition of the responsible agent
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(b) Definition of the reparable damage (b) Definition of the reparable damage
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(i) Definition of space objects (i) Definition of space objects
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(ii) Definition and extent of compensable damage (ii) Definition and extent of compensable damage
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(iii) Definition of the reparation payable (iii) Definition of the reparation payable
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2 The implementation of responsibility 2 The implementation of responsibility
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(a) The claim for reparation (a) The claim for reparation
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(b) The modalities for performing reparation (b) The modalities for performing reparation
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(c) The settlement of disputes relating to reparation (c) The settlement of disputes relating to reparation
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Further reading Further reading
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Cite
Extract
The regime governing international responsibility for outer space is something of an exception amongst the various regimes on responsibility. It is the only system which expressly imposes an absolute obligation of reparation, both on States and on international organizations, in the absence of any wrongful conduct. The specificity of this regime is underlined by the fact that it is strongly oriented in favour of the victim.1 The regime is effectively organized so that the victim can most easily obtain reparation for the damage suffered. The legal regime governing outer space appears archetypal in this regard, and the ILC had reference to this regime in the course of its work on State responsibility.2 It is a very special regime nonetheless.
In 1962 the UN General Assembly, through its Committee on the Peaceful Uses of Outer Space (COPUOS), began considering the development of a regime of responsibility applicable to outer space, in light of the gravity of the damage which may be caused by activity in this area.3 It became clear at this time that there was a need to reconcile the freedom to peacefully use outer space with the necessity for reparation of the damage which this usage could cause. 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 19674 is an example of this balance. This instrument combines a re-statement of the freedom to peacefully use outer space5 with the principle of responsibility for all damage which launched objects cause on the Earth, in air space or in outer space.6 The 1972 Convention on International Liability for Damage Caused by Space Objects7 would later clarify this provision. The latter convention (whose relevance was highlighted by the sharp increase in space activity) represents the core of the law in this area, around which more specific regimes have been subsequently constructed.
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