United Nations FIRST COMMITTEE, 1491st GENERAL MEETING ASSEMBLY Friday, 16 December 1966. at 3.30 p.m. TWENTY-FIRST SESSION Official Records • NEW YORK CONTENTS governing the activi,ties of States in the exploration Page and use of outer space, the Moon and other celesti!\1 Point of order raised by the representative bodies) and of item 91 (Treaty governing the explora­ of Malta . • • • . . • • • • . • • • • . • • • . • • • • • 417 tion and use of outer space, including the Moon and other celestial bodies), those items would be taken as Agenda items 30, 89 and 91: sub-items of item 30 (International co-operation in International co-operation in the peaceful uses the peaceful uses of outer space: report of the of outer space: report of the Committee on Committee on the Peaceful Uses of Outer Space). the Peaceful Uses of Outer Space Conclusion of an international treaty on 4. He welcomed the representatives of the Inter­ principles governing the activities of States 417 national Civil Aviation Organization (ICAO), the World in the exploration and use of outer space, Health Organization (WHO), the World Meterological the Moon and other celestial bodies Organization (WMO) and the International Atomic Treaty governing the exploration and use of Energy Agency (IAEA), who had come to take part in outer space, including the Moon and other the discussion. celestial bodies . . • . • . • • • . • • • • •••.• 5. Mr. LACHS (Poland), speaking as Chairman ofthe Legal Sub-Committee of the Committee on the Peaceful Chairman: Mr. Leopoldo BENITES (). Uses of Outer Space, drew attention to the report on its fifth session (A/6431, annex III) and to draft reso­ lution A/C.1/L.396 and Add.1, to which was annexed Point of order raised bx the representative of Malta the text of a treaty on principles governing the ac­ tivities of States in the exploration and use of outer 1. Mr. PARDO (Malta) said that he had placed his space, including the Moon and other celestial bodies. name on the list of speakers to explain his vote on the draft resolutions on agenda items 31 and 93 that 6. In resolution 1721 (XVI) the General Assembly had been voted on at the 1490th meeting.Y had approved a new membership of the Committee on the Peaceful Uses of Outer Space and had invited 2. The CHAIRMAN said that he had not been aware it to study and report on the legal problems which of the fact. The representative of Malta would be might arise from the exploration and use of outer given an opportunity to explain his vote when the space. Since then the Legal Sub-Committee had met Committee had completed its consideration of the every year to discuss the law of outer space. Its work items relating to outer space, on the understanding had resulted in the Declaration of Legal Principles that the debate on items 31 and 93 would not be Governing the Activities of States in the Exploration reopened. and Use of Outer Space, adopted unanimously by the General Assembly in resolution 1962 (XVIII), AGENDA ITiiMS 30, 89 AND 91 which had hitherto been the not important document International co-operation in the peaceful uses of outer on the subject. The Sub-Committee was also in the space: report of the Committee on the Peaceful Uses process of drafting an agreement on assistance to of Outer Space (A/6431, A/C.l/941, A/C.1/L.393 and return of astronauts and space vehicles and on and Add.1, A/C.l/L.394 and Add.1, A/C.l/L.395, an agreement on liability for damage caused by the A/C.1/L.396 and Add.1) launching of objects into outer space. As far as the former was concerned, a working group of the Sub­ Conclusion of an international treaty on principles Committee had produced the text of a preamble and governing the activities of States in the exploration a number of provisions. It had discussed other pro­ and use of outer space, the Moon and other celestial visions, but there were still difficulties which re­ bodies (A/6341, A/6352/Rev.l, A/C.1/941, A/C.l/ quired further negotiation. As to the agreement on L.396 and Add.l) liability, the Sub-Committee had clarified the main Treaty governing the exploration and use of outer issues without being able to draft aay agreed text. space, including the Moon and other celestial bodies 7. At its fifth session, the legal Sub-Committee had (A/6392, A/C .1/941, A/C .1/L.396 and Add.l) given priority to the drafting of a treaty on principles 3. The CHAIRMAN said that, in accordance with the governing the activities of States in

8. The declaration adopted by the General Assembly in space and whether there was already life outside at its eighteenth session, in 1963, had been the out­ the earth. But whatever the answers, the law of outer standing achi.wement in the development of the law space was anthropocentric. It was man-made and of outer space. It had its limitations, however, and therefore reflected man's shortcomings. Success was was to be seen as a beginning rather than an end. possible, however, provided the main aims were not From the formal standpoint, the best instrument in lost sight of; they were furtherance of the interests of which to embody the rights and obligations of States all countries, protection of life, both terrestrial and was a treaty, a more solemn instrument than a extraterrestrial, and the maintenance of international declaration. As regards the substance, many pro­ peace and security. The present treaty could be posals placed before the Committee on the Peaceful followed by other treaties and by agreement on both Uses of Outer Space had not been reflected in the general principles and specific problems, each of declaration, and further elaboration had thus been which would interact with the others, giving rise to necessary. The main provisions of the declaration a general body of space law. That alone would not now appeared in appropriate form in the treaty guarantee a future for man. True, history was on his annexed to draft resolution A/C.1/L.396 and Add.l. side, but if he did not master the forces he himself 9. With the adoption of the treaty, international law had released, he risked destruction. International would acquire a new dimension. That was the result co-operation was therefore essential. The hi.w of of the extension of States' activities into the new outer space could not be drafted in the abstract, but domain of outer space, since there could be no legal must be rooted inthelifrsofthoworld, and particularly vacum in any field of activity. That did not mean that in its desire for peaceful coexistence. A world with­ all existing rules of international law could auto­ out law was not in accordance with the objective needs matically be applied to outer space. Some were quite of the time. Man's entry into outer space made it all unsuitable. For example, both the declaration and the the more necessary to eliminate causes of strife. In treaty stated that outer space was not subject to an i.nterdep::mdent world, progress in space could national appropriation. Any claim to appropriate any lead to progress on earth and vice versa. Peaceful part of it, on whatever basis, was void. States' coexistence could become a living reality by acceptance freedom of activity in outer space was further limited of the rule of law in all dimensions. by the requirement that its exploration and use must 13. The CHAIRMAN asked representatives who were be for the benefit and in the interests of all countries, about to speak to confine themselves in the first irrespective of their degree of economic or scientific instance to comments on the question of the proposed development. Not only must States not abuse their international conference on the exploration and peace­ rights, but they must respect thc>sA cf others. Science ful uset:l of outer space and the proposals relating should be used for all mankind and those unable to tnereto: the twenty-eight-Power draft resolution explore or use outer space should not be deprived of (A/C.1/L.393 and Add.1), the ten-Power amendment its benefits. (A/C.l/L.394 and Add.l) and the seven-Power sub­ 10. The treaty also contained provisions which were amendment (A/C.1/L.395). not in the declaration. The goal was that outer space 14. Mr. FAHMY (United Arab Republic), introducing should be used for peaceful purposes, and in t11.at the twenty-eight-Power draft resolution, said that the connexion he drew attention to article IV. Future Second Conference of Heads of state or Government developments on earth would affect outer space as of Non-Aligned Countries, held at Cairo in October nell, so that the treaty would not mean an end to 1964, had requested States that had succeeded in efforts in that matter. It did not exhaust the problems exploring outer space to exchange and disseminate requiring international. regulation, but should be information on their research in order that scientific regarded as a first step in that direction. Work on progress in the peaceful uses of space might be of the draft agreements on assistance and liability should common benefit to all. It had also proposed an inter­ be completed as soon as possible, and other aspects national conference on the subject. The of the exploration and use of outer space would have had since taken up the question and there seemed to to be studied. A programme of work along those be no disagreement on the principle that all countries, lines was set forth in general terms in the draft regardless of their level of development, should profit resolution. from the peaceful uses of space. The programmes 11. The pressure ot' events meant that the law of already undertaken, including weather satellite and outer space had to be developed rapidly. Because of communications systems, showed what possibilities the rate of scientific progress, the law of outer space there were. The interest of the non-spac.e Powers, could not evolve at the leisurely pace of the law of including the developing countries, had been aroused the sea or the air. Its rules must reflect the most and they had realized the need to play a more active progressive tendencies in internation&l law a11d the part in order to derive full benefit. great changes taking place in the world. They must be adjusted to the realities of modern life: a world of 15. The Working Group of the Whole ofthe Committee sovereign nations that, having lived on the periphery on the Peaceful Uses of Outer Space had prepared a of politics, had moved to become important factors in draft agenda for the proposed conference (A/6431, international relations. It was necessary to look to the annex IV) that showed the wide range of possible future and not to perpetuate outdated principles. benefits. The Scientific and Technical Sub-Committee had recommended further study of the application of 12. There was much still to be learned about outer space technology to meteorology, to improvement of s"pace. There were many unanswered questions, such mass television communications and to the problem of as whether man could establish himself permanently providing food for large parts of the world's population. 1491st meeting - 16 December 1966 419 The conference would discuss such matters and 20. Suggestions had been made during the past few ways of increasing international co-operation in space months by a number of Member States about United activities, particularly the role of international Nations work in the matter. For example, Mexico organizations. had raised the possibility of establishing a permanent centre for information and consultation on space 16. He welcomed the Mexican proposal for the estab­ matters within the Secretariat. Similar suggestions lishment of an international centre for space informa­ had been made by other countries such as Pakistan tion and consultation (A/6431, para. 13). While the and Iran. The Committee on the Peaceful Uses of first decade of space activity ·had been mainly con­ Outer Space, in co-operation with the Secretary­ cerned with scientific and technological research, General, might consider those proposals, together the second might see its practical application. The with any others that might be put forward, and recommendation by the Committee on the Peaceful determine how United Nations work could best be Uses of Outer Space for an international conference organized in order to achieve the goal set by the was a step in that direction. General Assembly of providing a "focal point" for international co-operation in space. He drew attention 17·. Mr. WALDHEIM (Austria) said that his delegation to the importance of training and to the possibilities was gratified that it had finally been possible to submit offered by the establishment of international space to the Members of the United Nations the text of a programmes. Projects such as the sounding rocket treaty on principles governing the activities of States range at Thumba enabled countries without the means in the exploration and use of outer space, including for independent sp3.ce programmes to take an active the Moon and other celestial bodies, and as Chairman part in the exploration and use of outer space. His of the Committee on the Peaceful Uses ofOuter Space delegation also believed that the Committee on the he wished to pay a tribute to the delegations which had Peaceful Uses of Outer Space should give more weight worked so hard to make it possible. to the practical application of research, since that was how Members could benefit most directly, 18. Since the adoption of General Assembly resolu­ irrespective of their level of development. Three tion 2131 (XX), there had been a number of major major applications deserved special attention: the events and technological achievements in the explora­ creation of a global satellite communications system, tion of outer space. He congratulated the United States the establishment of a world weather watch and the and the Soviet Union on the successes they had development of a navigational satellite network. achieved, particularly in the exploration of the Moon. He also noted that France had become the third 21. The importance of a communications system was independent space Power. The whole world followed obvious. The demand for international, and in par­ such developments with interest, while hoping that ticular intercontinental, telecommunication services man's entry into space would serve the interests of was growing and it had been clear for a number of all nations and would be used for peaceful purposes years that the existing facilities were insufficient. Recent experiments offered promising prospects for only. It was necessary to strengthen that hope through the future. The establishment of a global communica­ international co-operation and to ensure that solutions to the many political and legal problems were adopted tions system could also help the developing countries in their struggle against illiteracy and related in good time. problems. His delegation therefore noted with satisfac­ tion that the report of the Committee on the Peaceful 19.. The report of the Committee on the Peaceful Uses of Outer Space contained recommendations to Uses of Outer Space (A/6431) and the subsequent that effect. consultations leading to the preparation of a treaty were encouraging steps in that direction. The report 22. The World Weather Watch established by WMO made a number of constructive proposals on the was also of great importance for developed and exchange of information, education and training, the developing countries alike. The plan for a world use of navigation satellites and the prospects for weather watch for the period 1968-1971 was to be international collaboration in space activities relating submitted to the Fifth Congress of WMO for formal to meteorology and mass communications. It recom­ adoption in April 1967, when States would have an mended in particular the encouragement of inter­ opportunity to demonstrate their willingness to follow national programmes and the continuation of United up General Assembly resolution 1963 (XVIII). Nations sponsorship of the Thumba Equatorial Rocket 23. The possibility of using a satellite network for Launching Station inindia. His delegation trusted that navigation purposes was under study by ICAO and the Assembly would endorse the Committee's recom­ the Inter-Governmental Maritime Consultative Organ­ mendations arid thus strengthen international co­ ization (IMCO). The use of satellites for navigation operation in scientific and technical space research. could greatly increase the safety and effectiveness The review of the activities arid resources of the of traffic control, both at sea and in the air. His United Nations, its specialized agencies and other delegation therefore noted with satisfaction that the competent international bodies prepared by the Committee on the Peaceful Uses of Outer Space Secretariat, (A/AC .105/L.29) clearly showed that recommended the establishment of a working group there was no lack of international co-operative on the question. efforts. What was needed, however, was better co­ ordination and an over-all survey of such activities 24. Space research and its practical application were so that the Committee on the Peaceful Uses of Outer not a matter solely for the space Powers, but were Space could serve as a rallying point for the worlr. of by their very nature of global concern, requiring all the organizations concerned. more and more the co-operation of all nations. His 420 General Assembly- Twenty-hrst Session- First Committee

delegation had repeatedly expressed the view that it weather satellite services. The renewed interest in would be in the interests of all countries, and par­ an international conference on space activities had ticularly the developing countries, that knowledge been reflected in the Declaration of the Second of space achievements should be more widely Conference of Heads of State or Government of Non­ disseminated and that the application of space tech­ Aligned Countries held at Cairo in 1964, which had nology should be actively promoted. It therefore also placed particular emphasis on aspects of space noted with satisfaction the unanimous recommendation research and exploration which were of practical by the Committee on the Peaceful Uses of Outer Space value to the developing States, including opportunities that an international conference be held in 1967. His for participation and training. Government would be proud to act as host to the conference and would be prepared, in accordance 27. In the Working Group of the Whole of the Com­ with General Assembly resolution 2116 (XX), to defray mittee on the Peaceful Uses of Outer Space, his any additional costs resulting from the holding of the delegation had tried very hard to preserve that dis­ conference in Vienna. tinction and that emphasis. His own country, with its extensive activities in outer space, could contribute 25. The conference would have the important task substantially to a conference of either type. But it of examining the practical benefits of space pro­ believed that the particular interests of Member grammes on the basis of scientific and technical States would be better served by a conference that achievements and the opportunities available to non­ was focused sharply on the practical application of space Powers for international co-operation in space space activities. That view had been shared by most activities, in order to ensure that the advanced delegations in the Working Group. The Working Group countries did not have a monopoly. It would have to had made recommendations on the terms of reference, promote co-operation in the application of space agenda, date, place, general magnitude and cost of technology to such subjects as biology, medicine, the Conference. It had also recommended the estab­ communications, meteorology and navigation and give lishment of a panel of experts to review papers sub­ impetus to the establishment of programmes for the mitted by Member States. Those recommendations education and training of specialists, in order to help had been approved by the Committee on the Peaceful the non-space Powers and particularly the developing Uses of Outer Space and should now be approved by countries. Smaller countries, which did not have the the First Committee. He regretted only that there resources for independent space programmes, had had been some delay in preparing the recommenda­ made and were still making important scientific tions. As a result, a conference that would normally contributions and, if given an opportunity, could help take about two years to organize would now have to to advance the theoretical understanding of the universe be prepared in nine months. and the technological conquest of space. Full applica­ tion of space research was only possible on a world­ 28. A conference of the type recommended could be wide scale and would benefit all countries. Inter­ of real value to participating States. It could make national co-operation to that end could quickly reduce clear what was required for practical space activities, the existing distrust among the leading Powers and what benefits were already available from existing thus encourage disarmament. In introducing the programmes, what benefits could be expected from twenty-eight-Power draft resolution, the repre­ future programmes, what those benefits meant for sentative of the United Arab Republic had stressed Governments and universities, what participation and the importance attached to the conference by the co-operation had already been established and what non-space Powers and particularly the developing real opportunities existed for those who had not yet countries, and as a sponsor of that draft resolution taken advantage of them. He hoped that the Committee his delegation trusted that it would win the Committee's would quickly approve the twenty-eight-Power draft unanimous support. resolution and that Member States would then act promptly to appoint their representatives to the panel 26. Mr. FRUTKIN (United States of America) said of experts. The panel should begin work immediately, that his delegation was particularly pleased that the lest the objective of holding a conference in 1967 Committee was now at last discussing a specific should be further compromised. proposal for an international conference on the exploration and peaceful uses of outer space. Since 29. He regretted that the First Committee was obliged 1959, when the General Assembly had first called to discuss, and vote on, the formula for participation in for such a conference, scientific conferences and the conference. The United States and nine other symposia had been held in increasing numbers by States had submitted an amendment (A/C.l/L.394 various national and international scientific bodies. and Add.!) which employed the traditional "Vienna In recent years, indeed, there seemed to have been too formula". Seven other countries had submitted a many, rather than too few, scientific conferences on sub-amendment (A/C.l/L.395) whereby invitations to the peaceful uses of outer space. Accordingly, when take part in the conference would be addressed to the question had been raised in the United Nations all States. His delegation supported the Vienna formula, once again in 1964, his delegation had stressed the first, because it had always been used for United difference between a scientific conference and a Nations conferences, including the three International conference on the practical benefits of space activities Conferences on the Peaceful Uses of Atomic Energy; and the opportunities for taking part in them. It secondly, because at the present session the Assembly believed that many States would be interested not so had decided to reject the "all States" formula for the much in cosmic ray research as in improvements in International Conference on Human Rights to be held local weather forecasting made immediately and at Teheran in 1968 and the international conference directly available to them by the United States of plenipotentiaries on the law of treaties to be held 1491st meeting - 16 December 1966 421 at Vienna in the same year; thirdly, because the "all the conference. Its services should be used as States" formula would be difficult to apply. It would efficiently as possible in order to ensure the success require the Secretary-General to determine which of the conference. entities that were not States Members of the United Nations should be regarded as States. The Secretary­ 33. The question of participation in the conference General and his Legal Counsel had repeatedly stated was still unsolved, owing to the attitude of the United that they could not do so. It was easy to understand States and other delegations which had spoken a great why the Secretary-General would not be able to deal of the development of international co-operation determine the "statehood" of, for instance, East but where in fact trying to persuade the Committee Germany, Esthonia, Oman or Southern Rhodesia. to adopt a one-sided and discriminatory attitude on Fourthly, the great majority of Member States did the matter of invitations to be issued to States. The not recognize the statehood of entities which were United States representative, for instance, had cast not Member States, and should not be compelled to doubt on the statehood of one independent and sovereign take part in a United Nations conference with entities State, the German Democratic Republic. That country which they did not recognize. Fifthly, a United Nations had been recognized by many States Members of the conference should be held for members of the United United Nations. The fact that it was not recognized Nations family; it was they who paid the bills. by the United States did not mean that it did not exist. Sixthly, the fact that the treaty on principles governing For nearly twenty years the United States had not the activities of States in the exploration and use of recognized the Soviet Union. But the Soviet Union outer space contained an "all States" accession had continued to exist and was now one of the world's clause was not in itself a valid reason for inviting great Powers. The United States representative had all. States to the United Nations conference. The even cast doubt on the status of one of the Republics triple depositary device-for which provision was of the Union of Soviet Socialist Republics. The Re­ made in that treaty, as in the Treaty banning nuclear public in question had joined the USSR more than weapon tests in the atmosphere, in outer space and · twenty-five years previously, as a result of the free under water-had been introduced precisely to avoid expression of its people's will. the necessity of compelling a country to enter into 34. Space research was the concern of all States, political and legal relationships with an entity whose regardless of their level of economic development and statehood it did not recognize. But in the case of the regardless of whether or not they were Members of international conference on space activities there the United Nations or members of the specialized would be no such device to protect the sovereignty of agencies. In the circumstances, it was wrong to States, since it was the Secretary-General who would discriminate between States, or to adopt an approach issue the invitations. which was based not on a spirit of co-operation but on "cold war" considerations. The Soviet delegation 30. The Committee should therefore reject the seven­ believed that all States wishing to do so should be Power sub-amendment. invited to take part in the conference. It would there­ 31. Mr. KUT AKOV (Union of Soviet Socialist Re­ fore vote for the seven-Power sub-amendment and publics) said that the Soviet Union had from the out­ against the ten-Power amendment. A discriminatory set supported the idea of holding a conference on the approach to participation in the conference would be exploration and peaceful uses of outer space. Such a contrary to the provisions of the treaty that had been conference would help considerably to develop space submitted to the Committee in draft resolutionA/C.1/ research programmes throughout the world and to L.396 and Add.l. promote international co-operation. It would enable scientists from many countries to sum up the results 35. He hoped that the Committee would decide una­ of the first decade of the space age, to exchange nimously to hold the conference in 1967 and he was experience gained in space research in that time and grateful to the Austrian Government for suggesting to plan future activities. The conference would also that it should be held in Vienna. be very valuable for the developing countries, which 36. Mr. DELEAU (France) said that his delegation could derive scientific and practical benefits from it. had taken part with great interest in the meetings of It would help in making a correct assessment of the the Working Group that had discussed the organization possibilities of increased participation by developing of the international conference on the peaceful uses of countries in existing space research programmes, outer space. It shared the view-which was particularly and of the use by developing countries of space widespread in the non-aligned world-that the con­ techniques for mete reo logy, communications and other ference could and should facilitate the dissemination practical activities. of knowledge on space sciences, and their practical applications, to countries which were not yet engaged 3~i. The Soviet Union had always regarded its suc­ in space activities. The agenda for the conference that cesses in space research as achievements not only of had been approved by the Committee on the Peaceful the Soviet people, but of all mankind. It was ready to Uses of Outer Space fully met that requirement. share its experience with specialists from other countries-particularly developing countries-which 37. The programme of international conferences were interested in the practical applications of space for 1967 was already heavy, and the proposed con­ techniques to economic and cultural development. The ference on the peaceful uses of outer space was to be panel of experts that had been set up by the Committee held shortly before the twenty-second session of the on the Peaceful Uses of Outer Space, on the recom­ General Assembly. He hoped, nevertheless, that as mendation of its Working Group of the Whole, would many Member States as possible would be represented have a very important task to discharge in preparing there. It would be useful, too, if observers could 422 General Assembly- Tw~nty-first Session- First Committee attend from the specialized agencies, the competent 42. On the question of participation, his delegation intergovernmental organizations and COSPAR, which adhered to the attitude it had adopted in the Working would all be likely to benefit from the conference Group. A conference organized under the auspices themselves. The practical value of the conference of the United Nations should be open to participation would depend on the number of Member States and by States Members of the United Nations, States international organizations taking part in it. Members of the specialized agencies, States Parties to the Statute of the International Court of Justice 38. His delegation would vote for the twenty-eight­ and any States which the General Assembly might Power draft resolution if the ten-Power amendment especially decided to invite. It would also seem was adopted. appropriate to invite, as observers, the specialized agencies and other world and regional intergovern­ 39. Mr. SHAW (Australia) said that, even in the first mental organizations which were listed in the review decade of space technology, an increasing number of of the activities and resources of the United Nations medium-sized and smaller countries were participat­ and other international bodies relating to the peaceful ing in space research and in the application of the uses of outer space prepared by the Secretariat benefits of the space age to everyday life. As the scope (A/ AC .105/L.29). His delegation also endorsed the and extent of space activities increased, international Working Group's recommendation that COSPAR should co-operation in space science should be encouraged be specifically invited to attend as an observer. In and the resulting benefits should be applied to as keeping with its views on participation, it had joined many countries as possible. A number of scientific in sponsoring the ten-Power amendment. and learned societies were fostering an international understanding of space studies at the scientific level, 43. Some delegations contended that the participation while the Committee on the Peaceful Uses of Outer formula proposed in the amendment discriminated Space was an instrument of international co-operation against some States, and that an invitation should be at the Government level. extended to all States to take part in the conference. But the latter solution was open to various objections. 40. At the present stage of the space age, it had once In particular, it would present the Secretariat with the almost impossible task of ascertaining which again been proposed that the United Nations should entities claiming to be States were entitled to take convene an international conference on the exploration and peaceful uses of outer space. His delegation had part in the conference. On a number of occasions taken part in the discussions of the Working Group already, the Secretary-General had declared that he of the Whole of the Committee on the Peaceful Uses was not able to settle that question himself and had of Outer Space, and believed that the Group's recom­ asked for instructions from the General Assembly. mendations-which were reproduced in annex IV to For that very reason, the sponsors of the ten-Power the Committee's report (A/6431)-could be regarded amendment had included provision for participation as an acceptable blueprint for a conference which by States "that the General Assembly decides specially would be compact in size and would be concentrated to invite to participate in the conference". It would on areas where it could be of most service. Because thus be open to the General Assembly to invite any of the publicity already given to the endeavours of State, even one which was not a Member of the the major space Powers, the conference should not United Nations. That provision should meet the deal primarily with the national space programmes wishes of certain delegations which feared that non­ member States might automatically be denied the of participating States. Nor should it merely sum up the achievements of the last decade, spectacular right to take part in the conference. though many of them had been. It should be concerned 44. Mr. BOZOVIC (Yugoslavia) introduced the seven­ mainly with the practical applications and benefits Power sub-amendment (A/C.l/L.395) to the ten­ the space age could bring to Member States, par­ Power amendment (A/C.l/L.394 and Add.l). ticularly to the medium-sized and smaller Powers 45. While listening to the United States representative, which had only a limited capability-or perhaps no he had hoped that it would not be necessary to present capability at all-for directly engaging in space re­ c.ny arguments in favour of the sub-amendment. In search themselves. Mankind was already benefiting the earlier part of that statement, the United States from the advantages provided by communications and representative himself had urged that the practical meteorological satellites. In the years to come, outer benefits of space activities should be made available space activities would undoubtedly bring even greater to all peoples. Later in the statement, however, the changes in everyday life. The proposed conference United States had asked the Committee to adopt the should therefore be designed to provide greater so-called "Vienna formula" for deciding which States knowledge of the potentialities and applications of should be invited to take part in the conference. space science to an increasing number of countries, so that all Member States could share in the benefits 46. The United States representative's arguments of the space age and play a more active part in space for the Vienna formula were not convincing. The fact science research. that the "all States "formula had been rejected, at the current session of the General Assembly, for the 41. His delegation fully supported the Working International Conference on Human Rights and the Group's recommendations. Through participation in international conference of plenipotentiaries on the the panel of experts, it hoped to be closely associated law of treaties was irrelevant. The First Committee with the preparations for the conference. It would was not in any way obliged to adopt procedures also be glad to prepare papers on subjects on which selected by other Committees for other conferences it could make a useful contribution. on other subjects. 1491st meeting - 16 December 1966 423 47. The United States representative had argued played by the Committee on the Peaceful Uses of that the Secretary-General would find it difficult to Outer Space, the Chairman of that Committee should decide which political entities that were not Members be appointed Chairman of the conference. It would of the United Nations should be regarded as States. not be appropriate to nominate a scientist for the But, given the co-operation and goodwill of all office of Chairman, as some representatives had Member States, there were no questions which the suggested, since the whole emphasis of the conference Secretary-General was incapable of solving. The would, he hoped, be on the practical benefits and United states representative had argued that the economic and political implications of space activities. conference should be restricted to members of the 52. The need for a conference on the practical United Nations family, as it was they who paid the applications of space research had been indirectly bills. But the question of the financial implications of confirmed by a recent appeal addressed to the United a conference attended by all States could easily be Nations by the President of Liberia (A/C.1/941), settled by the Advisory Committee on Administrative suggesting that space activities should be discontinued and Budgetary Questions. for the next five to ten years and the resources saved 48. In view of the spirit of the draft resolution on thereby used to assist the developing countries. The the proposed conference (A/C.1/L.393 and Add.1), Italian delegation hoped that the Liberian Government the Committee should do everything in its power to would be represented at the international conference ensure participation by all States, whether they on the peaceful uses of outer space, where it would belonged to the United Nations family or not. In the see that the development and application of space treaty annexed to draft resolution A/C.1/L.396 and technology was one of the brightest hopes for all Add.1, it was stated that all mankind had a common mankind, and especially for the developing countries. interest in the progress of the exploration and use New achievements in space science might accelerate, of outer space, that the exploration and use of outer rather than impede, the development ofless developed space should be carried on for the benefit of all countries. peoples and that co-operation in the use of outer 53. His delegation advocated the use of the Vienna space would contribute to the strengtheningoffriendly formula on the subject of participation in the con­ relations between States and peoples. The fact that ference and had therefore joined in sponsoring the the conference would be held under United Nations ten-Power amendment. He could not agree with the auspices was not a valid reason for discriminating arguments advanced by the Yugoslav representative between Member and non-member States. All States in favour of the "all States" formula. should be invited to take part in a conference on a subject which was of concern to all peoples without 54. Mr. CSATORDA Y (Hungary) said that Hungary, exception. which was a member of the Committee on the Peaceful Uses of Outer Space, had jqined in accepting the 49. Accordingly, he urged the Committee to adopt recommendations of the Working Group of the Whole the seven-Power sub-amendment. on the proposed international conference (A/6431, 50. Mr. VINCI (Italy) said that the Working Group annex IV). In the matter of participation in the con­ of the Whole of the Committee on the Peaceful Uses ference, his delegation was convinced that the prin­ of Outer Space, and subsequently the Committee ciple of the equality of States in international relations itself, had established practically all the general should be observed. The conference would deal with guidelines for the proposed international conference problems of interest to all States, and mankind would on the exploration and peaceful uses of outer space. benefit from it. Participation in the conference must, But there were still some decisions which had to be therefore, be universal. The General Assembly had taken before preparations for the conference could affirmed the principle of universality when it said, begin. For that reason, his delegation had hoped that in the preamble to its resolution 2130 (XX), that the some way could havebeenfoundtoavoidpostponing the benefits of space exploration could be most widely discussion of agenda item 30 until the present late enjoyed if Member States supported the widest possible date. In the circumstances, the time left for a suc­ exchange of information and promoted international cessful and orderly preparation of the conference was co-operation in the peaceful uses of outer space. The very short indeed. Some delegations were wondering United Nations must not continue to divide peoples whether it would not be better to postpone the con­ by following the discriminatory policy advocated by ference until 1968. His delegation fully shared that some States. If States which were on the threshold concern. In the past it had repeatedly stated that of space exploration were excluded fromparticipation one to three years would normally be required for now, they might later remain outside international preparing a conference of the type proposed. He agreements on outer space. He appealed to Member was not sure that a well organized conference could States not to carry their disagreements into that new be prepared in the nine months remaining before endeavour. If the United Nations applied the principle Septem):>er 1967. It would not indeed be impossible of universality in the peaceful uses of outer space, to hold the conference in September 1967. But it its efforts there might help it to resolve its disagree­ would have been much better if all the pertinent ments on other matters. decisions had been taken three or more months earlier. 55. The proposed treaty on principles governing the 51. His delegation favoured the appointment of a activities of States in the exploration and use of outer committee of specialists which should start work on space would be open to accession by all States, so that preparing the conference immediately after the it would be possible for all States to assume obligations General Assembly had approved the draft resolution on the exploration and use of outer space. Where before the Committee. In view of the important part rights and benefits were concerned, however, as in the 424 General Assembly - Twenty-first Session - First Committee proposed conference, some delegations wished to deny which other States contested; the sub-amendment universality of participation. His delegation would vote would leave it quite uncertain how those disputes were for the seven-Power sub-amendment. to be resolved and would not give the Secretary­ General the necessary guidance. The Yugoslav repre­ 56. The proposed conference should be held in sentative had suggested that the Secretary-General September 1967. It was possible to organize it within could resolve those problems if a spirit of co-operation the time remaining, particularly as preparatory work prevailed, but the present discussion had already had already been done by some national groups and by revealed the existence of controversy about the status COSPAR. Postponement would only delay the benefits of particular entities. On the other hand, t~e ten­ to be derived from the conference. The exchange of Power amendment provided that invitations should be information and experience concerning technological issued to three clearly defined classes of States and advances would help the specialists of the non-space also to any State that the Gener<~J Assembly decided Powers to speed up the over-all technological develop­ specially to invite. That formula therefore accorded ment of their countries and to utilize the benefits of fully with the principle of universality, and it placed space exploration. the responsibility for determining which entities 57. His delegation favoured a flexible ceiling of should be invited where it belonged-on the supreme between $300,000 and $350,000 for the cost of the political organ of the United Nations. In the past a conference, as the Committee on the Peaceful Uses representative of the Secretary-General had said of Outer Space had recommended (A/6431, para. 15). that if the Secretary-General was faced with a directive to invite all States he would have no 58. Mr. ARORA (India) said that his country had recourse but to return to the General Assembly for supported the idea of holding an international con­ more precise instructions. The ten-Power amendment ference on outer space from the very beginning. Such combined flexibility with clear instructions which a conference would provide an opportunity for stock­ the Secretary-General would have no difficulty in taking and would highlight not only the basic scientific carrying out. It provided a correct, clear, flexible results of the physical exploration of the upper and practical answer to the problem of participation atmosphere and outer space, manned space flight, in the conference. and lunar and planetary research but also, and in particular, their practical meaning. 63. Mr. DENORME (Belgium) said that his country was deeply interested in the exploration of space and 59. The Working Group of the Whole ofthe Committee participated actively in the work of two European on the Peaceful Uses of Outer Space, in which his intergovernmental organizations, the European Space country was represented, had agreed on the objectives Research Organization (ESRO) and the European of the conference, its draft agenda, organizational Launcher Development Organization (ELDO). As a aspects and timing, and the Committee itself had member of the Committee on the Peaceful Uses of approved the Working Group's recommendations. The Outer Space, Belgium was also aware of the role and venue of the conference had been amicably settled by responsibility of the United Nations in actively encour­ the Committee as a result of the French delegation's aging international co-operation between all countries, goodwill and co-operation. whether or not they had the necessary resources to 60. The only question left open had been the matter develop a space programme themselves. of participation in the conference. That question 64. During the current year the Committee on the ought to be settled by adopting the principle which Peaceful Uses of Outer Space had made a special had been adopted with respect to the convening of a effort to promote international co-operation in the world disarmament conference. His delegation had peaceful uses of outer space not only in the elaboration consistently maintained that all States should be of space law but also in the scientific and technical invited to take part in the proposed conference on fields. the exploration and peaceful uses of outer space and had accordingly joined in sponsoring the sub­ 65. Considering that the practical applications of amendment. space technology should be encouraged and dis­ seminated, the Committee had recommended that an 61. Mr. DARWIN (United Kingdom) said that his international conference should be convened to examine delegation fully supported the international conference the practical benefits to be derived from space proposed in the twenty-eight-P0wer drafi: resolution. exploration, the extent to which non-space Powers, The draft resolution accurately interpreted the recom­ especially the developing countries, might enjoy those mendations of the Committee on the Peaceful Uses benefits, and the opportunities available to non-space of Outer Space and, in particular, its recommendation Powers for international co-operation in space activ­ that the cost of the conference should be limited to ities. His delegation agreed that, while space tech­ $350,000. His delegation was pleased that the con­ nology had been developed in certain countries only, ference was to be held at Vienna. the practical benefits of that technology should be 62. On the question of invitations to the conference, made available to the greatest possible number of ten countries, including his own, had submitted the States. amendment in document A/C.1/L.394 and Add.l. 66, The Twenty-eight-Power draft resolution re­ Other delegations had invoked the principle ofuniver­ flected the views of the Committee on the Peaceful sality on behalf of the seven-Power sub-amendment, Uses of Outer Space. However, it did not specify proposing the "all States" formula, but the adoption what States would participate in the conference; of that formula could lead only to uncertainty an~ accordingly, the Belgian delegation had joined in ambiguity. Certain entities laid claims to statehood sponsoring the ten-Power amendment. 1491st meeting - 16 December 1966 425 67. Since the conference was to be held under United A/C.1/L.393 and Add.1 the Secretary-General was Nations auspices, it was natural that States Members requested to make the necessary organizational and of the Organization, States members of the specialized administrative arrangements "within the ceiling of agencies and States parties to the Statute ofthe Inter­ expenditure established for the conference". The national Court of Justice should be invited. However, Committee on the Peaceful Uses of Outer Space had the sponsors of the ten-Power amendment had included agreed that a ceiling of between $300,000 and $350,000 another category: "States that the General Assembly should be established for the cost of the conference decides specially to invite". That formula did not re­ (A/6431, para. 15). The question of publication of the quire the Secretary-General ~o !iive a discretionary proceedings would have to be carefully considered by interpretation of the term "States"; it placed the re­ the Secretary-General with the assistance of the sponsibility for determining which entities should be Chairman of the Committee on the Peaceful Uses of invited on the General Assembly, which alone could take Outer Space. If the draft resolution was adopted, the such a decision. Moreover, the formula had been Secretary-General would need to ask for a supple­ adopted by the General Assembly earlier in the current mentary appropriation of $350,000 under section 2 of session in resolution 2166 (XXI) convening an inter­ the 1967 budget (Special meetings and conferences). national conference of plenipotentiaries on the law of treaties. 73. The CHAIRMAN put to the vote the seven-Power sub-amendment (A/C.1/L.395) to the ten-Power 68. On the other hand, the seven-Power sub-amend­ amendment (A/C.1/L.394 and Add.1). ment, recommending the formula "all States" would give rise to political and practical problems for which A vote was taken by roll-caii. no solution was proposed. His delegation therefore Liberia, having been drawn by lot by the Chairman, hoped that the draft resolution would be adopted after was called upon to vote first. being amended in accordance with the ten-Power amendment. In favour: Liberia, Mexico, Mongolia, Nepal, Nigeria, Pakistan, Poland, Romania, Sudan, Syria, Ukrainian 6!L The CHAIRMAN called on those representatives Soviet Socialist Republic, Union of Soviet Socialist who wished to explain their votes before the voting on Republics, United Arab Republic, United Republic of the twenty-eight-Power draft resolution (A/C.1/L.393 Tanzania, Yugoslavia, Afghanistan, Algeria, Bulgaria, and Add.1), the ten-Power amendment (A/C.1/L.394 Burma, Byelorussian Soviet Socialist Republic, Ceylon, and Add.1) and the seven-Power sub-amendment Chad, Chile, Czechoslovakia, Ethiopia, Guinea, Guyana, (A/C .1/L.395). Hungary, India, Iraq, Kenya. 70. Mr. IJEWERE (Nigeria) said that his delegation Against: Luxembourg, Madagascar, Malawi, Malta, would vote for the sub-amendment, because all States Netherlands, New Zealand, Niger, Norway, Panama, should take part in a conference on the peaceful uses Paraguay, Philippines, Portugal, Rwanda, South of outer space. Admittedly, there were entities whose Africa, Spain, Thailand, Togo, Trinidad and Tobago, statehood was contested, but States would take their Turkey, United Kingdom of Great Britain and Northern stand as to whether or not those entities should be Ireland, United States of America, , Argentina, invited to take part in the proposed conference on Australia, Belgium, , Brazil, Canada, China, the basis of prejudice rather than of legal principle. Colombia, Costa Rica, Denmark, DominicanRepublic, It had been suggested that Southern Rhodesia might El Salvador, France, Greece, Haiti, Honduras, Iceland, be invited to take part in the conference if the "all Iran, Ireland, Israel, Italy, Japan. States" formula was adopted. As, however, it was Abstaining: Libya, Malaysia, Morocco, Sweden, well known that Southern Rhodesia was not a State, Tunisia, Venezuela, Austria, Central African Re­ the question could not possibly arise. public, Congo (Democratic Republic of), Dahomey, 71. Mr. Y ANKOV (Bulgaria) said that his delegation Ecuador, Finland, Ghana, Ivory Coast, Lebanon. would vote for the seven-Power sub-amendment. The sub-amendment was rejected by 44 votes to 31, S:ince the proposed conference would open a new with 15 abstentions.Y phase in the exploration and use of outer space and its aim was to serve the common interest of all 74. The CHAIRMAN put to the vote the ten-Power mankind, participation in it should be based on amendment (A/C.1/L.394 and Add.1) to the twenty­ respect for all States, without any discrimination. eight-Power draft resolution. It was clear politically and legally that the par­ A vote was taken by roll-call. ticipation of a State in an international conference did not of itself imply recognition by that State of South Africa, having been drawn by lot by the Chair­ the other participants. Opening the proposed con­ man, was called upon to vote first. ference to all States, therefore, would not create In favour: South Africa, Spain, Sweden, Thailand, problems for a state which did not recognize certain Togo, Trinidad and Tobago, Tunisia, Turkey, United other States. It was only natural that a conference Kingdom of Great Britain and Northern Ireland, designed to promote international co-operation in United States of America, Uruguay, Argentina, the peaceful uses of outer space-a sphere whose Australia, Austria, Belgium, Bolivia, Brazil, Canada, universal nature was recognized in article I and Central African •Republic, Chile, China, Colombia, article XIV of the treaty annexed to draft resolution Congo (Democratic Republic of), Costa Rica, Dahomey, A/C.1/L.396 and Add.1-should be open to all states. Denmark, Dominican Republic, Ecuador, El Salvador, 72. Mr. VELLODI (Secretary of the Committee) noted that in operative paragraph 5 of draft resolution lf See paragraph 78 below. 426 General Assembly- Twenty-first Session- First Committee Finland, France, Greece, Haiti, Honduras, Iceland, Against: None. Iran, Ireland, Israel, Italy, Ivory Coast, Japan, The result of the vote was 90 in favour and none Luxembourg, Madagascar, Malawi, Malaysia, Malta, against. Mexico, Netherlands, New Zealand, Niger, Norway, Panama, Paraguay, Philippines, Portugal, Rwanda. The draft resolution, as amended, was adopted unanimously. Against: Sudan, Syria, Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United 76. Mr. TELLO MACIAS (Mexico)saidthatingeneral Republic of Tanzania, Yugoslavia, Algeria, Bulgaria, his delegation was in favour ofinvitingStates Members Byelorussian Soviet Socialist Republic, Czecho­ of the United Nations, States members of the specialized slovakia, Guinea, Hungary, Mongolia, Poland, Romania. agencies and States parties to the Statute ofthe Inter­ national Court of Justice to United Nations con­ Abstainin/1: United Arab Republic, Venezuela, ferences. When the subject matter of the conference Afghanistan, Burma, Ceylon, Chad, Ethiopia, Ghana, justified it, however, his delegation considered that Guyana, India, Iraq, Kenya, Lebanon, Libya, Morocco, all States should be able to take part. That applied to Nepal, Nigeria, Pakistan. such matters as disarmament, human rights, human­ itarian activities and health. For that reason, Mexico The amendment was adopted by 56 votes to 15, had voted in favour of the seven-Power sub-amendment. with 18 abstentions.:Y When the time came, it would vote in favour of draft resolution A/C.l/L.396 and Add.l and in that con­ 75. The CHAIRMAN put the twenty-eight-Power draft nexion wished to point out that the treaty annexed to resolution (A/C.l/L.393 and Add.l), as amended, to that draft resolution stated in article I that outer the vote. space should be free for exploration and use by all A vote was taken by ro11-call. States without discrimination of any kind, and in article XIV that the Treaty should be open to all The United Republic of Tanzania, having been drawn States for signature. by lot by the Chairman, was called upon to vote first. 77. Mr. FUENTEALBA (Chile) said that his delega­ In, favour: United Republic of Tanzania, United tion had voted in favour of the seven-Power sub­ States of America, Uruguay, Venezuela, Yugoslavia, amendment, although it was generally in favour of the Afghanistan, Algeria, Argentina, Australia, Austria, "States Members" formula, because the item was of Belgium, Bolivia, Brazil, Bulgaria, Burma, Byelo­ interest to mankind as a whole. That was recognized russian Soviet Socialist Republic, Canada, Central in the treaty, and particularly in the articles to which African Republic, Ceylon, Chad, Chile, China, Co­ the representative of Mexico had drawn attention. lombia, Congo (Democratic Republic of), Costa Rica, There was no justification for distinguishing between Czechoslovakia, Dahomey, Denmark, Dominican Re­ participation in the treaty and in the conference, and public, Ecuador, El Salvador, Ethiopia, Finland, in any case a State's agreement to take part in such France, Ghana, Greece. Guinea, Guyana, Haiti, Hon­ a conference with another State did not prejudice the duras, Hungary, Iceland, Inctia, Iran, Iraq, Ireland, position it otherwise adopted with respect to tht Israel, Italy, Ivory Coast, Japan, Kenya, Lebanon, State. His delegation had voted for the amendment Liberia, Libya, Luxembourg, Madagascar, Malawi, after the sub-amendment had been rejected because, Malaysia, Malta, Mexico, Mongolia, Morocco, Nepal, although not fully satisfactory, it was wider than the Netherlands, New Zealand, Niger, Nigeria, Norway, original text. Pakistan, Panama, Paraguay, PJlilippines, Poland, 78. Mr. SHARIF (Indonesia) said that his delegation Portugal, Romania, Rwanda, South Africa, Spain, had been absent during the voting. If it had been Sudan, Sweden, Syria, Thailand, Togo, Trinidad anc~ present, it would have voted for the seven-Power Tobago, Tunisia, Turkey, Ukrainian Soviet Socialist sub-amendment, against the ten-Power amendment and Republic, Union of Soviet Socialist Republics, United for the twenty-eight-Power draft resolution. Arab Republic, United Kingdom of Great Britain and Northern Ireland. The meeting rose at 6. 55 p.m.

Litho in U.N. 77101-0ctober 1967-2,100