UNITED NATIONS TREATIES AND PRINCIPLES ON OUTER SPACE United Nations publication Sales No. E.02.I.20 ISBN 92-1-100900-6 Printed in Austria V.02-57669–October 2002–1,405 ST/SPACE/11 ST/SPACE/11 UNITED NATIONS TREATIES AND PRINCIPLES ON OUTER SPACE Text of treaties and principles governing the activities of States in the exploration and use of outer space, adopted by the United Nations General Assembly UNITED NATIONS New York, 2002 ST/SPACE/11 UNITED NATIONS PUBLICATION Sales No. E.02.I.20 ISBN 92-1-100900-6 Contents Page Foreword . v Part one. United Nations treaties A. Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies . 3 B. Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space . 9 C. Convention on International Liability for Damage Caused by Space Objects . 13 D. Convention on Registration of Objects Launched into Outer Space . 22 E. Agreement Governing the Activities of States on the Moon and Other Celestial Bodies . 27 Part two. Principles adopted by the General Assembly A. Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space. 39 B. Principles Governing the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting . 41 C. Principles Relating to Remote Sensing of the Earth from Outer Space. 44 D. Principles Relevant to the Use of Nuclear Power Sources in Outer Space. 48 E. Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and in the Interest of All States, Taking into Particular Account the Needs of Developing Countries . 55 iii Foreword The progressive development and codification of international law constitutes one of the principal responsibilities of the United Nations in the legal field. An important area for the exercise of such responsibilities is the new environment of outer space and, through the efforts of the United Nations Committee on the Peace- ful Uses of Outer Space and its Legal Subcommittee, a number of significant con- tributions to the law of outer space have been made. The United Nations has, indeed, become a focal point for international cooperation in outer space and for the formu- lation of necessary international rules. Outer space, extraordinary in many respects, is, in addition, unique from the legal point of view. It is only recently that human activities and international inter- action in outer space have become realities and that beginnings have been made in the formulation of international rules to facilitate international relations in outer space. As is appropriate to an environment whose nature is so extraordinary, the extension of international law to outer space has been gradual and evolutionary— commencing with the study of questions relating to legal aspects, proceeding to the formulation of principles of a legal nature and, then, incorporating such principles in general multilateral treaties. A significant first step was the adoption by the General Assembly in 1963 of the Declaration of Legal Principles Governing the Activities of States in the Explo- ration and Use of Outer Space. The years that followed saw the development within the United Nations of five general multilateral treaties, which incorporated and developed concepts included in the Declaration of Legal Principles: Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (General Assembly resolution 2222 (XXI), annex)—adopted on 19 December 1966, opened for signature on 27 January 1967, entered into force on 10 October 1967; Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space (resolution 2345 (XXII), an- nex)—adopted on 19 December 1967, opened for signature on 22 April 1968, entered into force on 3 December 1968; Convention on International Liability for Damage Caused by Space Objects (resolution 2777 (XXVI), annex)—adopted on 29 November 1971, opened for signature on 29 March 1972, entered into force on 1 September 1972; Convention on Registration of Objects Launched into Outer Space (resolution 3235 (XXIX), annex)—adopted on 12 November 1974, opened for signature on 14 January 1975, entered into force on 15 September 1976; v Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (resolution 34/68, annex)—adopted on 5 December 1979, opened for signature on 18 December 1979, entered into force on 11 July 1984. The United Nations oversaw the drafting, formulation and adoption of five General Assembly resolutions, including the Declaration of Legal Principles. These are: Declaration of Legal Principles Governing the Activities of States in the Explo- ration and Use of Outer Space, adopted on 13 December 1963 (resolution 1962 (XVIII)); Principles Governing the Use by States of Artificial Earth Satellites for Inter- national Direct Television Broadcasting, adopted on 10 December 1982 (reso- lution 37/92); Principles Relating to Remote Sensing of the Earth from Outer Space, adopted on 3 December 1986 (resolution 41/65); Principles Relevant to the Use of Nuclear Power Sources in Outer Space, adopted on 14 December 1992 (resolution 47/68); Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and in the Interest of All States, Taking into Particular Account the Needs of Developing Countries, adopted on 13 December 1996 (resolution 51/122). The 1967 Treaty on Principles Governing the Activities of States in the Explo- ration and Use of Outer Space, including the Moon and Other Celestial Bodies, could be viewed as furnishing a general legal basis for the peaceful uses of outer space and providing a framework for the developing law of outer space. The four other treaties may be said to deal specifically with certain concepts included in the 1967 Treaty. The space treaties have been ratified by many Governments and many others abide by their principles. In view of the importance of international coopera- tion in developing the norms of space law and their important role in promoting international cooperation in the use of outer space for peaceful purposes, the General Assembly and the Secretary-General of the United Nations have called upon all Member States of the United Nations not yet parties to the international treaties governing the uses of outer space to ratify or accede to those treaties as soon as feasible.1 The purpose of the present publication is to set out in a single volume the five outer space treaties adopted by the United Nations and the five sets of principles. It is hoped that this collection will serve as a valuable reference document for all those interested in the legal aspects of outer space. 1See the report of the Secretary-General on international cooperation in space activities for enhanc- ing security in the post-cold-war era (A/48/221), and also General Assembly resolution 48/39, para. 2. vi Part one United Nations treaties A. Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies The States Parties to this Treaty, Inspired by the great prospects opening up before mankind as a result of man’s entry into outer space, Recognizing the common interest of all mankind in the progress of the explo- ration and use of outer space for peaceful purposes, Believing that the exploration and use of outer space should be carried on for the benefit of all peoples irrespective of the degree of their economic or scientific development, Desiring to contribute to broad international cooperation in the scientific as well as the legal aspects of the exploration and use of outer space for peaceful purposes, Believing that such cooperation will contribute to the development of mutual understanding and to the strengthening of friendly relations between States and peoples, Recalling resolution 1962 (XVIII), entitled “Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space”, which was adopted unanimously by the United Nations General Assembly on 13 December 1963, Recalling resolution 1884 (XVIII), calling upon States to refrain from placing in orbit around the Earth any objects carrying nuclear weapons or any other kinds of weapons of mass destruction or from installing such weapons on celestial bodies, which was adopted unanimously by the United Nations General Assembly on 17 October 1963, Taking account of United Nations General Assembly resolution 110 (II) of 3 November 1947, which condemned propaganda designed or likely to provoke or encourage any threat to the peace, breach of the peace or act of aggression, and considering that the aforementioned resolution is applicable to outer space, Convinced that a Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, will further the purposes and principles of the Charter of the United Nations, Have agreed on the following: 3 Article I The exploration and use of outer space, including the Moon and other celestial bodies, shall be carried out for the benefit and in the interests of all countries, irrespective of their degree of economic or scientific development, and shall be the province of all mankind. Outer space, including the Moon and other celestial bodies, shall be free for exploration and use by all States without discrimination of any kind, on a basis of equality and in accordance with international law, and there shall be free access to all areas of celestial bodies. There shall be freedom of scientific investigation in outer space, including the Moon and other celestial bodies, and States shall facilitate and encourage interna- tional cooperation in such investigation.