Proceedings of the Workshop - United Nations Office for Outer ...

present a claim. 97 If neither State presents a claim, then any other State may elect to present aclaim on behalf of the natural persons or private entities that suffered the damage. 98 However,there is no indication in the provisions as to how much time is to be given to each State to decidewhether to present a claim to the launching State(s) for the damage sustained, nor does it specifywhether a State must make a positive act to indicate its intention not to present a claim before theright to claim transmits to the next eligible State in accordance with Article VIII.Claims for compensation made under the Liability Convention must be presented withinone year from the date the damage is sustained or, if the occurrence of the damage or the identityof the launching State was not known, the time limit shall run for one year from the date theclaimant State knew or ought reasonably to know of the unknown information. 99 These limitsapply even if the claimant State did not know the full extent of the damage sustained, but theclaimant State has the right to amend any claim presented within one year of knowing or oughtreasonably to know the full extent of the damage sustained. 100The Liability Convention specifically exempts the claimant State from the customaryrequirement to exhaust all local remedies before making an international claim. 101 The claimantState or its nationals may elect to pursue remedies through the domestic courts and tribunals ofthe launching State prior to presenting a claim under the Liability Convention. However, a claimcannot be made under the Liability Convention while a domestic remedy is being pursued. 102Presumably, this does not prevent a claim from being presented after the failure of the domesticaction, nor does this prevent the claimant State from pursuing local remedies after a claim underthe Liability Convention had been resolved and the claimant State remain unsatisfied.4.2. Procedure and a Claims CommissionThe Liability Convention provides that a claim for compensation for damage shall bepresented to a launching State “through diplomatic channels”, which includes existing bilateraldiplomatic representations, through another State that maintains diplomatic relations with thelaunching State or the Secretary-General of the United Nations. 103 With the utilisation of suchdiplomatic mechanisms, the claimant State and the launching State are to negotiate a settlementon the appropriate amount of compensation payable, if any.If the claimant State and the launching State fail to arrive at a settlement within one yearof presenting the claim, either party may request for the establishment of a ClaimsCommission. 104 The Claims Commission comprises three members: one appointed by theclaimant State and another appointed by the launching State, with the Chairman to be selectedjointly by both parties. 105 The size of the Commission does not increase if there are multipleclaimant States or launching States, as the claimant States or the launching States are tocollectively appoint one member of the Claims Commission. 10697 Ibid., Article VIII (2).98 Ibid., Article VIII (3).99 Ibid., Article X (1) and (2).100 Ibid., Article X (3).101 Ibid., Article XI (1).102 Ibid., Article XI (2).103 Ibid., Article IX.104 Ibid., Article XIV.105 Ibid., Article XV (1).106 Ibid., Article XVII.