The Outer Space Treaty of 1967

The cumbersome title, “The Treaty on the Prin­ciples Governing the Activities of States in the Exploration and Use of Outer Space, Includ­ing the Moon and Other Celestial Bodies,” is commonly called the Outer Space Treaty. This treaty is to space law what the Magna Carta is to English Common Law, and what the Treaty of Rome is to the European Union. It is the most inclusive and authoritative document for human governance in space, and it is the basis for all treaties that have come after it. It is modeled on the Antarctica Treaty, which was drafted for much the same reason in 1959, as was the Outer Space Treaty in 1967.

Like the Antarctica Treaty, it is a “no arma­ment” treaty. It seeks to prevent a new form of colonial competition in outer space. The treaty covers the entire outer space environment, including the moon and other celestial bodies. It entered into force on October 10, 1967.

The main provisions of the Outer Space Treaty provide:

• The use and exploration of outer space is to be carried out for the benefit of all.

• Outer space is not subject to national appro­priation by claim of sovereignty.18

• Activities in outer space are to be in accor­dance with international law.

• Outer space is to be free of nuclear weapons or other weapons of mass destruction.

• Military bases and testing of weapons are forbidden, although military personnel may be used for scientific research and other peaceful purposes.

• Astronauts are envoys of mankind and shall be rendered all possible assistance in the event of accident, distress, or emergency landing on any state’s territory or on the high seas.

• States launching objects into outer space are liable for any damage caused.

• Launched objects shall remain the property of the state or party that launched it.

• Use and exploration of outer space is to be carried out without interference to other states, and a procedure for consultation between states is provided for this subject.

• States will inform all concerned, including the public, of intended space activities.

The treaty is broadly worded and, therefore, does not purport to provide definition on many issues. Implicit in the drafting is the expectation that other, more specific agreements would be crafted in the future to address specific concerns as needed.

The United States is a signatory to this treaty.

Ш The Rescue Treaty of 1968

The full title is “The Agreement on the Rescue of Astronauts, the Return of Astronauts, and the Return of Objects Launched into Outer Space.”

Its purpose is to give specificity to the provi­sions of the Outer Space Treaty that call for the rendering of aid to astronauts and the return of space crews and property launched into space.

The Rescue Treaty creates obligations on contracting parties, both as to crew and as to objects launched into space, who learn of any accident, unintended landing, or crew distress, to immediately:

• Notify the launching authority or make a public announcement, and notify the Secretary-General of the UN.

• Rescue crew and render assistance, even if on the high seas.

• Return the crew to the launching authority.

• Return the space object to the launching authority.

The words of the treaty express the senti­ment that astronauts are the “envoys of man­kind,” and that all nations shall have the attitude toward them that reflects the spirit of interna­tional cooperation and assistance.

The United States is a signatory to this treaty.