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The Treaty on Principles of the Law of Outer Space, 1961–1992

Published online by Cambridge University Press:  21 May 2009

Manfred Lachs
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Extract

It so happens that this is the 25th anniversary of the adoption of the Treaty on Legal Principles Governing die Activities of States in die Exploration and Use of Outer Space including die Moon and other Celestial Bodies. On 19 December 1966 die General Assembly of die United Nations unanimously adopted a resolution commending the Treaty; on 27 January 1967 the Treaty was signed simultaneously in Moscow, London and Washington. As one who presided over die work of die Legal Sub-Committee leading to die conclusion of that Treaty it may be timely for me to recall some of the events and developments preceding its adoption.

Type
Articles
Information
Netherlands International Law Review , Volume 39 , Issue 3 , December 1992 , pp. 291 - 302
Copyright
Copyright © T.M.C. Asser Press 1992

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References

1. Items were presented by a resolution submitted by the USSR on 17 March 1958 (A/3818) and the United States, 2 September 1958 (A/3902).

2. Cf., Res. 1721(XVI) of 20 December 1961; cf., also Res. 1802(XVII) of 14 December 1962.

3. Cf., Res. 1962 (XVIII) of 13 December 1963.

4. Cf., GA Official Records, 18th Session, First Committee, 1342nd Meeting, 2 December 1963, pp. 159 and 161.Google Scholar

5. Cf., also statements made at the time by the Representatives of Australia, the United Kingdom, Iran, Japan, Argentina, Canada and other States.

6. Cf., GA OR XVIII, Annexes, 1963, p. 15.Google Scholar

7. Cf., Res. 1148 (XII), 14 November 1957. A year later me same view was expressed by President Eisenhower (cf., his letter to Bulgarin of 12 January 1958) and UN Res. 1348 (XIII) confirmed this approach. However, the Soviet claim to link the peaceful use of outer space to the issue of foreign bases and cessation of atomic tests created serious obstacles. The arrival of intercontinental ballistic missiles and reconnaissance satellites have added difficulties to the acceptance of a general demilitari-sation of outer space.

8. Cf., the Draft Treaty Governing the Exploration of Outer Space, including the Moon and other Celestial Bodies proposed by the United States on 10 May 1966. It was limited to the peaceful use of ‘celestial bodies’ (cf.. Art 9). The Soviet Union accepted the narrow approach: ‘the moon and other celestial bodies shall be used exclusively for peaceful purposes’.

9. Cf., die statement of the Representative of Mexico, in the First Committee of the General Assembly, 1966, A/C. 1/PV, 1493, p. 57.

10. As was said by a politician (Senator Gore) at the time: ‘The question of military activities in space cannot be divorced from the question of military activities on earth. To banish these activities on both environments we must continue our efforts for general and complete disarmament with adequate safeguards’. Cf., Senator Gore: Statement in the United Nations of 3 December 1962, UN Doc. A/C. 1/PV. 1289, p. 13. The Treaty enshrined ‘some rules as fig as we could’. Cf., Statement of the US Negotiator, Goldberg, Ambassador A., Senate Committee on Foreign Relations, Hearings, 90th Congress, 1st Session 55 (1967) p. 22.Google Scholar

11. Cf., Hearings, Commission on Foreign Relations, Senate Executive, D, 19th Congress, 1st Session, 55,1967, Ambassador Goldberg.

12. On ratifying the Treaty the US Senate entered an understanding: ‘It is the understanding of the Committee on Foreign Relations that nothing in Article I, paragraph 1, of the Treaty diminishes or alters the right of the United States to determine how it shares the benefits and results of its space activities’. Cf., Senate Committee on Foreign Relations, Treaty on Outer Space, S. Exec. Rep. No. 8, 19th Congress, 1st Session, 4,1967.

13. The Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects launched into Outer Space (22 April 1968); the Convention on International Liability for Damage caused by Space Objects (29 March 1972); the Convention on Registration of Objects Launched into Outer Space (14 January 1975). A special instrument is the so-called Moon Treaty: the Agreement Governing the Activities of States on the Moon and other Celestial Bodies (5 December 1979). Remote sensing by space objects raised some difficulties: an agreement was reached on Principles Relating to Remote Sensing of the Earth from Outer Space, A/Res. 41/65, 3 December 1986; Principles Governing the Use by States of Artificial Space Satellites for International Direct Television Broadcasting, were agreed in a similar instrumet, a Resolution of the General Assembly of 10 December 1982.

14. The Conference also reached agreement on communications with astronauts conducting space experiments; digital audio programming; and mobile transmissions over large geostationary satellites. This is of great importance for the International Maritime Statellite Organization particularly concerning additional satellite transmissions to fixed earth stations. High quality radio transmissions will start in 1993 but in Europe only in 2007.

15. The use of nuclear power sources in outer space has been die subject of a study by a sub-committee established in accordance with GA Res. 457sol;72, cf., Draft Principles A/AC. 105/C.2/4.183, 5 April 1991. Report, Legal Sub-Committee, 17 April 1991, A/AC. 105/484, Annex L COPOUS, A/AC. 105/L. 193.

16. Cf., Doc. A/AC. 105/484 (1991) p. 29.Google Scholar

17. For these and similar issues, cf., Christol, C. Q., The Modern International Law of Outer Space (1982) p. 364 et seq.,Google Scholar and recently Gorove, S., 30th Session of the Legal Sub-Committee of COPUOS —Chances for Progress and Some Thoughts for Possible Considerations (1991).Google Scholar

18. Seven yeare later Carl Sagan suggested: ‘Though the search for extraterrestrial intelligence may take a very long time we could not do better mat to start with a program of rehumanisation …’, Cosmic Connection (1973) pp. 178–180.Google Scholar

19. Cf., Record of the 1491st meeting of the First Committee of the General Assembly, 16 December 1966, UN Doc. GA A/C. 1/PV 14/91, p. 6 et seq.Google Scholar

20. Cf., Doc. A/C. 1/L. 396.

21. Cf., the statement by the Representative of Brazil, A/C. 1/PV 14/92, p. 62.

22. Cf., the statement by the Representative of Mexico referred to earlier, A/C. 1/PV 14/93, p. 57. He also sugggested mat a definition of the limit ‘set for airspace in relation to outer space’ would be required.

23. ‘I should like to take this occasion’ — said the Representative of the United States — ‘to pay tribute to our distinguished colleague who opened this debate. He has shown admirable skill and impartiality in his role as Chairman of the Legal Sub-committee on the Committee of the Peaceful Uses of Outer Space within whose framework mis Treaty was negotiated in Geneva last My and more recently here in New York. Much of the credit for the success of our negotiations is to him.’ Ambassador Goldberg, the Representative of the United States to the UN took part in the negotiations (cf., A/CJ/PV 14/92, p. 7). Similar satements were made by the Representative of Italy, Mr. (ibid., p. 57); Mr. Carvalho Silos of Brazil and the Representative of India, Mr. Parthasarathi (ibid., p. 7); Mr. Gowland of Argentina (ibid., p. 16); Mr. Astrom of Sweden (ibid., pp. 18–20); Mr. Garcia Robles, of Mexico (ibid., pp. 56–57); and Mr. Lopez of the Philippines (ibid., p. 106).

24. Cf., Wassenbergh, H.A., Principles of Outer Space Law in Hindsight (1991) p. 10.Google Scholar