International treaty specifying the liability regime of states for damage caused by their space objects.
The Convention on International Liability for Damage Caused by Space Objects, adopted in 1972, specifies and complements the principle of state responsibility set by the 1967 treaty. It distinguishes two regimes. For damage caused on the ground or to aircraft in flight, the launching state is subject to absolute liability, that is, without the need to prove fault. For damage caused in orbit to another space object, liability rests on proof of fault. This distinction structures the legal treatment of space collisions and re-entries. The convention also organises the modalities of claims between states. For insurance, this framework is decisive because it defines who answers for damage and under what liability standard, which guides the design of the space liability cover required of operators. The scarcity of historical losses contrasts with the rising collision risk linked to orbital congestion, which could in future call more on this regime designed in an era of low space traffic.
In the event of a space debris re-entry causing ground damage, the 1972 convention establishes absolute liability of the launching state, with no proof of fault required.
Liability Convention, convention sur la responsabilité, convention de 1972