DePaul Law Review Volume 20 Issue 3 1971 Article 2 International Protection of Astronauts and Space Objects Stephen Gorove Follow this and additional works at: https://via.library.depaul.edu/law-review Recommended Citation Stephen Gorove, International Protection of Astronauts and Space Objects , 20 DePaul L. Rev. 597 (1971) Available at: https://via.library.depaul.edu/law-review/vol20/iss3/2 This Article is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Law Review by an authorized editor of Via Sapientiae. For more information, please contact [email protected]. INTERNATIONAL PROTECTION OF ASTRONAUTS AND SPACE OBJECTS* STEPHEN GOROVE* * HE SIGNIFICANCE OF providing international protection and as- sistance to astronauts and space objects has been brought into sharp, practical focus during the recent abortive mission of Apollo 13. In the light of what might have happened in case the space- craft and its crew had landed in an unintended area, or had de- scended under more distressing circumstances, the provisions of the Agreement on the Rescue and Return of Astronauts and the Return of Objects Launched into Outer Space (hereinafter referred to as Agreement) assume particular importance.' * PROESSoR GOROVE has drawn on previously published material in THE INTER- NATiONAL LAWYER, to which he expresses his appreciation. ** PROFESSOR GOROVE received his J.D. at the University of Budapest, and J.S.D. and Ph.D. at Yale University. He is the author of LAw AND POLITICS OF DANuBE: AN INTERNATIONAL STUDY and move than seventy articles. He is also the Director of the United States Membership of the International Institute of Space Law and Chairman of the Graduate Program of the School of Law and Professor of Law, University of Mississippi. 1. The United Nations Committee on the Peaceful Uses of Outer Space has been interested for a number of years in negotiating an international agreement on assistance to and return of astronauts and space vehicles. Substantial progress in the negotiations was made in the 1964 session of the Committee's Legal Sub- committee when preliminary agreement was reached on several provisions. In the summer of 1967, the Legal Subcommittee took the matter under further intensive consideration in Geneva. Draft proposals were put forward by the United States (U.N. Doc. A/AC. 105/C.2/L.9), the Soviet Union (U.N. Doc. A/AC. 105/ C.2/L.18) and jointly by Australia and Canada (U.N. Doc. A/AC. 105/C.2/L.20). Final agreement was not reached, however, until after some informal discussions and further special meetings of the Subcommittee during the subsequent session of the United Nations in New York. On December 16, 1967, the full Committee de- cided to submit the agreement to the General Assembly which unanimously ap- proved it in its Resolution 2345 (XXII) on December 19, 1967. The Agreement on the Rescue of Astronauts, the Return of Astronauts, and the Return of Objects Launched into Outer Space (hereinafter referred to as Agreement) was signed on April 22, 1968 and entered into force for the United States on December 3, 1968 ([1968] 19 U.S.T. 7570, T.I.A.S. No. 6599). For further historical details and background data, see especially Reports of the Legal Subcommittee on the Work of its Third and Sixth Sessions to the Committee on the Peaceful Uses of Outer Space, U.N. Docs. A/AC. 105/21 (1964); A/AC. 105/37 (1967); see also Interna- 597 DE PAUL LAW REVIEW [Vol. XX:597 The Agreement has been hailed as a momentous accomplishment in the development of space law, second only to the Outer Space Treaty (hereinafter referred to as the Treaty).2 It sets forth for the first time in concrete form some of the broad principles embodied in the general language of the Treaty.' The purpose of our inquiry tional Cooperation in the Peaceful Uses of Outer Space, Report of the Committee on the Peaceful Uses of Outer Space, U.N. Doc. A/6804 (1967) and U.N. Doc. A/6804/Add. 1 (1967). Consult also Staff of Senate Comm. on Aeronautical and Space Sciences, 90th Cong., 2d Sess., Report on Agreement on the Rescue of Astro- nauts, the Return of Astronauts and the Return of Objects Launched into Outer Space: Analysis and Background Data (Comm. Print 1968); S. Ex. Rep. No. 15, 90th Cong., 2d Sess. (1968). 2. The Treaty on Principles Governing the Activities of States in the Explora- tion and Use of Outer Space, Including the Moon and Other Celestial Bodies was signed on January 27, 1967, and entered into force October 10, 1967. ([1967] 18 U.S.T. 2410, T.I.A.S. No. 6347, reprinted in 61 AM. J. INV'L L. 644). For discus- sions of the Treaty, see Adams, The Outer Space Treaty: An Interpretation in Light of the No-Sovereignty Provision, 9 HARV. INT'L L.J. 140 (1968); Dembling & Arons, The Evolution of the Outer Space Treaty, 33 J. AIR. L. & COM. 419 (1967); Gorove, The Outer Space Treaty, 23 BULL. ATOMIC SCIENTISTs 44 (1967); Gorove, Interpret- ing Article 11 of the Outer Space Treaty, 37 FORDHAM L. REV. 349 (1969); Vlasic, The Space Treaty: A Preliminary Evaluation, 55 CALIF. L. REV. 507 (1967). 3. Two articles of the Treaty deal with broad principles relating astronauts and space objects. Under the first one (Art. V), for instance, astronauts are to be regarded as "envoys of mankind," an undefined phrase carrying a strong connota- tion reminiscent of diplomatic envoys, their protective privileges and immunities. Under the second one (Art. VIII), spacecraft personnel and space objects while in outer space or on a celestial body are to remain under the jurisdiction and control of the state on whose registry the object launched into outer space is carried. [1967] 18 U.S.T. 2410, T.I.A.S. No. 6347. The two articles read as follows: "States Parties to the Treaty shall regard astronauts as envoys of mankind in outer space and shall render to them all possible assistance in the event of accident, distress, or emergency landing on the territory of another State Party or on the high seas. When astronauts make such a landing, they shall be safely and promptly returned to the State of registry of their space vehicle. "In carrying on activities in outer space and on celestial bodies, the astronauts of one State Party shall render all possible assistance to the astronauts of other States Parties. "States Parties to the Treaty shall immediately inform the other States Parties to the Treaty or the Secretary-General of the United Nations of any phenomena they discover in outer space, including the moon and other celestial bodies, which could constitute a danger to the life or health of astronauts." (art. V) "A State Party to the Treaty on whose registry an object launched into outer space is carried shall retain jurisdiction and control over such object, and over any personnel thereof, while in outer space or on a celestial body. Ownership of ob- jects launched into outer space, including objects landed or constructed on a celestial body, and of their component parts, is not affected by their presence in outer space or on a celestial body or by their return to the Earth. Such objects or component parts found beyond the limits of the State Party to the Treaty on whose 1971] INTERNATIONAL PROTECTION OF ASTRONAUTS 599 is to analyze and interpret the Agreement's provisions insofar as they relate to the international protection of astronauts and space objects.4 The particular scope and allocation of authority and the relevant competences are spelled out in Articles 1-4 of the Agree- ment which deal with astronauts5 and in Article 5 of the Agreement which covers space objects.6 registry they are carried shall be returned to that State Party, which shall, upon request, furnish identifying data prior to their return." (art. VIII) 4. See, e.g., Dembling & Arons, The Treaty on Rescue and Return of Astro- nauts and Space Objects, 9 WM. & MARY L. REV. 630 (1968); Gorove, Legal Problems of the Rescue and Return of Astronauts, 3 INT'L LAWYER 898 (1969); Gorove, The Recovery and Return of Objects Launched Into Outer Space: A Legal Analysis and Interpretation, 4 INT'L LAWYER 980 (1970); Hall, Rescue and Return of Astronauts on Earth and in Outer Space," 63 AM. J. INT'L L. 197 (1969); see also the papers included in the PROCEEDINGS OF THE 11TH COLLOQUIUM ON THE LAW OF OUTER SPACE 85-142 (1969). 5. Articles 1-4 of the Agreement, [1968] 19 U.S.T. 7570, T.I.A.S. No. 6599, read as follows: "Each Contracting Party which receives information or discovers that the personnel of a spacecraft have suffered accident or are experiencing condi- tions of distress or have made an emergency or unintended landing in territory un- der its jurisdiction or on the high seas or in any other place not under the juris- diction of any State shall immediately: (a) Notify the launching authority or, if it cannot identify and immediately communicate with the launching authority, imme- diately make a public announcement by all appropriate means of communication at its disposal; (b) Notify the Secretary-General of the United Nations, who should disseminate the information without delay by all appropriate means of communi- cation at his disposal." (art. 1) "If, owing to accident, distress, emergency or unintended landing, the personnel of a spacecraft land in territory under the jurisdiction of a Contracting Party, it shall immediately take all possible steps to rescue them and render them all necessary assistance.