Outer Space Treaty

Treaty on Principles Governing the Activities of States in the Exploration

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  1. Justin Ordoyo
    Treaty on Principles Governing the Activities of States in the Exploration
    Transcript Header:
    Outer Space Treaty
    Transcript Body:
    • 1. Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and other Celestial Bodies Justin Adriel Espaldon Ordoyo U.P. College of Law
    • 2. Abbreviations used OSMCB Outer Space, including the Moon and other Celestial Bodies OS Outer space CB Celestial body
    • 3. History 1960 September 22: Addressing the UN Gen. Assembly, Pres. Eisenhower proposes that Antarctic Treaty principles be applied to outer space and celestial bodies. Soviet Union would not restrict outer space to peaceful uses unless U.S. foreign bases which held short-range and medium-range missiles were eliminated. 1963 August 5: After the signing of the Nuclear Test Ban Treaty in Moscow, the Soviet Union’s position changes. October 17: UN General Assembly unanimously adopts a resolution calling upon all states to refrain from introducing weapons of mass destruction into outer space. 1966 U.S. presses for a Treaty that would give further substance to the U.N. resolution. June 16: U.S. and the Soviet Union submit draft treaties. June 19: UN General Assembly approves by acclamation a resolution commending the Treaty. 1967 January 27: Treaty is opened for signature at Washington, London, and Moscow. April 25: U.S. Senate unanimously consents to its ratification. October 10: Treaty enters into force.
    • 4. Signatories Signed: 27 January 1967 Entry into force: 10 October 1967 States Parties: 102 (as of December 2013)
    • 5. “…the province of all mankind” I Outer space, including the Moon and other celestial bodies • shall be the province of all mankind • Exploration and use shall be carried out for the benefit and in the interests of all countries • irrespective of their degree of economic or scientific development • without discrimination of any kind • on a basis of equality and in accordance with international law Freedom of scientific investigation • States shall facilitate and encourage international cooperation in such investigation
    • 6. “…not subject to national appropriation” II OSMCB, is NOT subject to national appropriation • by claim of sovereignty • by means of use or occupation, or • by any other means
    • 7. “…in accordance with international law” III States Parties shall carry on activities in the exploration and use of OSMCB • in accordance with international law • including the UN Charter • in the interest of maintaining international peace and security • in the interest of promoting international cooperation and understanding
    • 8. “…exclusively for peaceful purposes” IV States Parties undertake NOT to • place in orbit around the Earth any objects carrying nuclear weapons or any other kinds of weapons of mass destruction • install such weapons on CBs, or • station such weapons in OS in any other manner. MCB shall be used by all States Parties exclusively for peaceful purposes. The following are prohibited: • establishment of military bases, installations and fortifications • testing of any type of weapons • conduct of military maneuvers on CBs The following are NOT prohibited: • use of military personnel for scientific research or for any other peaceful purposes • use of any equipment or facility necessary for peaceful exploration
    • 9. “…astronauts as envoys of mankind” V States Parties shall • regard astronauts as envoys of mankind in outer space • 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 • safely and promptly return them to the State of registry of their space vehicle, should they make such landing • immediately inform the other States Parties or the UN Secretary-General of any phenomena they discover in OSMCB, which could constitute a danger to the life or health of astronauts Astronauts shall • in carrying on activities in OS and on CBs, render all possible assistance to the astronauts of other States Parties
    • 10. International responsibility VI States Parties shall bear international responsibility • for national activities in OSMCB, whether such activities are carried on by governmental agencies or by non-governmental entities • for assuring that national activities are carried out in conformity with the provisions set forth in the present Treaty The activities of non-governmental entities in OSMCB, shall require • authorization, and • continuing supervision by the appropriate State Party to the Treaty When activities are carried on in OSMCB, by an international org., responsibility for compliance with this Treaty shall be borne by • the international organization, and • by the States Parties to the Treaty participating in such organization
    • 11. International liability for damage VII Each State Party • that launches or procures the launching of an object into OSMCB • from whose territory or facility an object is launched is internationally liable for damage to • another State Party to the Treaty or • its natural or juridical persons by such object or its component parts on the Earth, in air space or in OSMCB.
    • 12. Jurisdiction and control over objects VIII A State Party on whose registry an object launched into OS is carried shall, while in OS or on a CB, retain jurisdiction and control • over such object, and • over any personnel thereof Ownership of objects launched into OS, including objects landed or constructed on a CB, and of their component parts, is not affected by • their presence in OS • their presence on a CB, or • their return to the Earth Such objects or component parts found beyond the limits of the State Party on whose registry they are carried shall be • returned to that State Party, which shall, upon request, furnish identifying data prior to their return
    • 13. IX Cooperation and mutual assistance States Parties shall • be guided by the principle of cooperation and mutual assistance • conduct all their activities in OSMCB, with due regard to the corresponding interests of all other States Parties to the Treaty • pursue studies of OSMCB • conduct exploration of them so as to avoid their harmful contamination and also adverse changes in the environment of the Earth resulting from the introduction of extraterrestrial matter • when necessary, adopt appropriate measures for this purpose If a State Party has reason to believe that an activity or experiment would cause potentially harmful interference with activities of other States Parties in the peaceful exploration and use of OSMCB, it shall • If planned by it or its nationals, undertake appropriate international consultations before proceeding with any such activity or experiment • If planned by another state, may request consultation concerning the activity or experiment
    • 14. Opportunity for observation X States Parties, in order to promote international cooperation in the exploration and use of OSMCB, shall • consider any requests by other States Parties to be afforded an opportunity to observe the flight of space objects launched by those States. (The nature and conditions of such opportunity shall be determined by agreement between the States concerned)
    • 15. XI Duty to inform States Parties conducting activities in OSMCB, in order to promote international cooperation in the peaceful exploration and use of OS, agree to inform • the Secretary-General of the United Nations (who should be prepared to disseminate it immediately and effectively); • the public; and • the international scientific community …to the greatest extent feasible and practicable, of the… • nature; • conduct; • locations; and • results of such activities
    • 16. Visit of stations, installations, equip., vehicles XII All stations, installations, equipment and space vehicles on the Moon and other CBs shall be • open to representatives of other States Parties on a basis of reciprocity Such representatives shall give reasonable advance notice of a projected visit, in order that • appropriate consultations may be held • maximum precautions may be taken to assure safety • interference with normal operations in the facility to be visited be avoided
    • 17. Applicability to activities of States Parties XIII The provisions of this Treaty shall apply to • activities of States Parties in the exploration and use of OSMCB (whether carried on by a single State Party to the Treaty or jointly with other States), including those carried on within the framework of international intergovernmental organizations (IIO) Practical questions arising in connection with activities carried on by IIOs in the exploration and use of OSMCB, shall be resolved by the States Parties to the Treaty either with • the appropriate international organization or • one or more States members of that international organization, which are Parties to this Treaty
    • 18. Signature, ratification and entry into force XIV This Treaty shall • be open to all States for signature • Any State which does not sign this Treaty before its entry into force may accede to it at any time • be subject to ratification by signatory States • Instruments of ratification and instruments of accession shall be deposited with the Governments of the USSR, the UK and the USA, which are hereby designated the Depositary Governments • enter into force upon the deposit of instruments of ratification by five Governments including the Governments designated as Depositary Governments • For States whose instruments are deposited subsequent to the entry into force of this Treaty, it shall enter into force on the date of the deposit of their instruments of ratification or accession
    • 19. Amendment XV Any State Party may propose amendments to this Treaty. Amendments shall enter into force for each State Party accepting the amendments upon • their acceptance by a majority of the States Parties, and • thereafter for each remaining State Party on the date of acceptance by it
    • 20. Withdrawal XVI Any State Party to the Treaty may give notice of its withdrawal from the Treaty • one year after its entry into force • by written notification to the Depositary Governments Such withdrawal shall take effect • one year from the date of receipt of this notification
    • 21. XVI I Final article This Treaty • of which the Chinese, English, French, Russian and Spanish texts are equally authentic • shall be deposited in the archives of the Depositary Governments • Duly certified copies shall be transmitted by the Depositary Governments to the Governments of the signatory and acceding States
    • 22. Bibliography • Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and other Celestial Bodies, 27 January 1967
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