Primary Treaties Shaping International Space Law

I. Introduction

The expression Space law refers to body of rules which governs the acts of state in the outer space including moon and other celestial bodies. The modern international space law emerged with the introduction of concept during the disarmament discussion in UN by Dwight D Eisenhower in 1957. The USSR and U.S took an active interest in the international space policy in light of the successful lifting of Soviet Union’s Sputnik 1 satellite (1957) and United States Explorer 1 satellite (1958).In 1959 an outer space committee had constituted which focuses on the implementation of UN charter and international space law. In 1963 the nuclear test ban treaty which is also known as partial test ban treaty (PTBT) or limited test ban treaty (LTBT) endorsed by the United States, USSR and United kingdom in order to prohibit the testing of nuclear weapons in the atmosphere, outer space and underwater but allowed underground. Later in that same year The United Nations General Assembly declaration recognized free international interest in the space development and also specifies certain rules with the aim of imposing obligation upon nations for the non-compliance of international space law, it also suggested for the cooperation of all nations for protecting the astronauts in crisis situations².

The present legal architecture of international space law is consisting of International treaties, United Nations General Assembly resolutions; law enacted by the states and also it is complemented by customary laws. Predominantly the international space law is consist of two layers of laws and regulations, the first layer rights and duties of nations and inter-governmental organizations; the fundamental legal framework of international space law is composed of five international treaties namely The outer space treaty 1967, Rescue agreement 1968, Liability convention 1972, Registration convention 1976 and The moon agreement 1979 and also backed by the principles laid down by the United Nations general assembly such as the declaration of legal principles of 1963, principles of remote sensing 1982, principles of television broadcasting 1986, principles of nuclear power sources 1992, principles of international cooperation in outer space 1996. The second layer of the international space law is the domestic laws which are the laws that have to be enacted by the states for regulating their activities in the outer space³. The United Nations Office for Outer Space Affairs (UNOOSA) maintains a database of domestic space laws and regulations, the database contains the submissions made by the member states. In 2002 the UNOOSA developed the Accessing Space Treaty Resources Online (ASTRO), a database of domestic space laws of the member states of the Committee on the Peaceful Use of Outer Space (COPUOS)⁴.

II. The five core un treaties of international space law

1.Treaty on principles governing the activities of states in the exploration and use of outer space including moon and other celestial bodies (1967):

The legal subcommittee gave acceptance to the outer space treaty in 1966. The treaty is formulated on the basis of the principles which regulates the acts of states in the exploration and use of outer space which was adopted by the UN General Assembly in its Resolution (1962 XVIII). The treaty was ratified by the governments of USA, UK and USSR in the year of 1967 January and it came into force on 1967 October. The treaty recognizes the mutual interest of entire mankind for the exploration and use of outer space. The use of outer space should result in the benefit of all nations regardless of their economic as well as scientific development. The international cooperation among the states enhances the mutual understanding and friendly relation among the nations and its individuals⁵.

All the nations possess the right of investigation in the outer space including moon and other celestial bodies⁶. No nations can appropriate any portion of the outer space including moon and other celestial bodies by claim of sovereignty or by any other means⁷. The use of outer space, including the moon and other celestial bodies, must adhere to international space law and the principles outlined in the UN charters with the goal of preserving international peace and security⁸.The state parties have international liability for the damage caused by themselves to the contracting states inconsequence of the launching of a space object or its component parts⁹. Article IV of the OST 1967 prohibits signatory states from placing the any objects equipped with nuclear weapons or other weapons of mass destruction into earth’s orbit which includes the moon and other celestial bodies. It allows the use and installation of equipment which are necessary for the scientific research and for any other peaceful purposes¹⁰.

In short the outer space treaty 1967 specifies the provisions which regulate the acts of states in the outer space including moon and other celestial bodies’ which ultimately result in the peaceful utilization of outer space for scientific research and many other purposes.

2.Agreement on the rescue of astronauts, return of astronauts and return of objects launched in the outer space (1968):

The Rescue Agreement of 1968 elaborates the contents of Art.V and Art.VIII of the outer space treaty 1967. The rescue agreement is considered by the legal sub-committee from 1964 to 1967 and it came into force on 1968 December. The treaty provides for the international cooperation of all states to take possible steps to rescue the astronauts in distress and provide assistance for the return of any objects launched into the outer space. Article V of the outer space treaty 1967 outlines that the state party has the duty to take necessary steps for rescuing the astronauts if they met with accidents or they engaged with an emergency landing on the domain of such state party or on the high seas and on such emergency landing the astronauts shall safely returned to their respective state. Also while carrying out any activities in the outer space the astronaut of one state party shall provide necessary assistance to the astronaut of another part state. As per the rescue agreement if the state parties have found any event which causes danger to the life or health of astronauts then the state parties have to inform the UN secretary General or the concerned state party¹¹. Pursuant to Article IV of the Outer Space Treaty, any objects that land on or are constructed on celestial bodies, or elsewhere in outer space, must comply with the treaty’s prohibitions—particularly regarding the placement of nuclear weapons and other weapons of mass destruction or of their components parts spotted by a state party within their domain then such object or its component parts shall be returned to the launching state¹².

Art I of the Rescue Agreement 1968 provides that the contracting state (states party to the treaty) shall notify immediately to the launching authority or Secretary General of United Nations if they discovered that any astronaut is suffered accident or facing conditions of distress or made an emergency landing upon their territory or on the high seas¹³. The contracting state shall notify the launching authority and safely returned any object or its component parts of launching state if they discovered them upon their territory¹⁴. According to Art. VIII of the Agreement the party states can propose amendment to the agreement upon the acceptance by a majority of state parties¹⁵.

The basic structure of rescue agreement of 1968 is based on the Art.V and Art. VIII of the outer space treaty 1967, the agreement upholds the international corporation between the state parties with an aim to rescue the astronauts who experienced the instances of danger, regardless of their nations. The Agreement impose obligations upon the contracting states to provide necessary assistance to state parties in case of any emergency in outer space as well as on earth as a result it enhances the friendly relations among the parties state.

3.Convention on international liability for damage caused by the space objects (1972):

This convention is also known as liability convention which is negotiated and considered by the legal sub-committee since 1963 to 1972. The liability convention elaborates Art.VII of the outer space treaty 1967, As per Art.VII of the outer space treaty the launching states are internationally liable for the damage caused by their space objects on the surface of the earth or to aircraft in flight or to the property of persons either natural or juridical¹⁶.

According to Art.I of the liability convention for the purpose of the convention the term “Damage” refers to personal injury, loss of life or any other impairment of health, loss of or damage to the property of persons (natural or juridical) or to the property of inter-governmental organizations. The word “launching” means attempted launching and the expression “launching state” refers to the state from which the space object is launched or the state procures the launching of the space object, Space Object includes the components of space object &launching vehicle and parts thereof¹⁷.

The Liability Convention impose liability upon the launching states for the damage caused by their space objects¹⁸, which means the launching states are internationally liable for the damage caused by their space objects. When the space object of one launching state causes elsewhere than on the earth to the space object of another launching state or to the property or persons board on such space object, the former is only liable if the damage is caused due to its fault or fault of its person who is responsible¹⁹. A state that suffers damage is entitled to seek compensation from the launching state(s)²⁰ and such claims must be submitted either through diplomatic channels or directly to the Secretary-General of the United Nations²¹. The Convention also establishes joint and several liabilities in cases where two or more states jointly launch a space object, making each state fully responsible for any damage arising from the launch.²².

4.Convention on registration of space objects launched in to the outer space (1974):

The convention on Registration of Space Objects Launched into Outer Space²³ also known as Registration convention 1974, which was adopted by the Unite Nations General Assembly in September 1974 and it entered into force on 15 September 1976. The Registration Convention adopted by the United Nations General Assembly with an aim to make the registration space objects launched in to the outer space, i.e. The main objective of the convention is the registration of space objects for the effective enforceability of the provisions contained in the Outer Space Treaty 1967, Rescue Agreement 1968, Liability Convention 1972. The Convention holds significant importance in the field of international space law and serve as one of its key legal sources. In Rescue agreement 1968 all the states have an obligation to take necessary steps for the return of the space objects to the launching state if the contracting states discover such space objects in their territorial limits or on high seas, for that purpose the space object needs to be identified so the registration has great importance.²⁴ In liability convention 1972²⁵, the state parties are entitled claim compensation from the launching state for the caused by the space objects of the launching states for that purpose the identification of space object is necessary.

In short the enforceability of Rescue Agreement and Liability convention is not practical unless the space objects are not registered as per the provisions of the Registration Convention 1974.

For the purpose of this convention the term “Launching State” and “Space Object” have same meaning as in Art.I of the Liability Convention²⁶, The term ‘State of Registry’ refers to the launching state whose national registry includes the space object, in accordance with Article II of the Convention²⁷. This state is required to record the space object in an appropriate registry upon its launch into Earth orbit or beyond and must notify the Secretary-General of the United Nations of such registration²⁸. As per Article IV, the Secretary-General is responsible for maintaining a Register of Information provided by states and the register must be fully accessible to the public²⁹. The register shall contain the details such as the name of the space object, its designator or registration number, the date and location of launch, key orbital parameters (including nodal period, inclination, apogee, and perigee), and the general purpose or function of the object³⁰.

5.Agreement governing the activites of states on moon and other celestial bodies (1979):

This Agreement is also known as The Moon Agreement 1979; it was elaborated and considered by the legal sub-committee sine 1972 to1978. The Agreement Governing the Activities of States on the Moon and Other Celestial Bodies was adopted by the United Nations General Assembly in 1979 and came into force in 1984. The agreement elaborates many of the provisions of Outer Space Treaty 1967 and it ensures that the utilization of moon for peaceful purposes, the environment of moon should not be disrupted, the united nations should me informed of the purpose and location of station established on the bodies.

The Agreement states that the Moon and its natural resources constitute the common heritage of mankind, meaning that all humankind has the freedom to explore, use, and potentially exploit the Moon and its resources for peaceful as well as scientific purposes, there shall be an international regime to regulate the exploitation of resources due to the high feasibility of such exploitation.

The Agreement applies to the Moon and other celestial bodies within the solar system, excluding the Earth, unless specific legal norms or provisions are applicable to certain celestial bodies. Provisions in this agreement are not applicable to the extra-terrestrial materials which reach the earth by natural means³¹. For the purposes of this Agreement, the term ‘Moon’ shall be interpreted to include its orbits and other relevant trajectories. According to this agreement all the activities in the moon shall be in accordance with international space law specifically UN Charters taking account of declaration on principles concerning the friendly relation and cooperation among the states. The Moon shall be used solely for peaceful purposes. This includes a strict prohibition on the testing or use of nuclear weapons or other weapons of mass destruction, the use or threat of force, any form of hostile acts or threats thereof, as well as the establishment of military bases, fortifications, or the conduct of military manoeuvres. In essence, all State Parties are obligated to utilize the Moon for the benefit of all humanity—regardless of nationality—and to promote both scientific advancement and economic development in the interest of the common good³². All State Parties are permitted to establish manned and unmanned stations on the Moon; however, their use shall be limited to the areas necessary to meet the operational needs of such stations. Furthermore, State Parties are required to inform the Secretary-General of the United Nations about the location and intended function of any station they establish on the Moon³³.

By the virtue of this agreement Moon and its resources are considered as a common heritage of mankind thus all the state parties are entitled to use, explore, exploit its resources for peaceful purposes in accordance with the provisions of international space law specifically United Nations Charters. State Parties are obligated to take all possible measures to protect the life and health of individuals on the Moon, as astronauts are recognized as envoys of mankind³⁴ accordingly, Irrespective of nationality; all State Parties are required to provide necessary assistance to astronauts in distress.

All the provisions in these treaties prove that the outer space including moon and celestial bodies is a common area where all the mankind are equal irrespective of their nationality, caste, creed, sex, and economic (wealth) as well as scientific growth. By enforcing all the provisions in these treaties it not only improves the feasibility of exploration, use and exploitation of the resources but also elevates the friendly relation and international cooperation among the states.

III. Conclusion

The one of the primary sources of international space law is the five treaties formulated by the United Nations General Assembly. The treaties are based on the principles of morality and also it enhances the compassion among the state parties by imposing moral and legal (as per international space law) obligation upon the state parties. All these principles formulated by the united nations general assembly emphasis on the exploration and carrying out activities in the outer space for peaceful purposes, in order to achieve these end united nations impose certain restrictions and obligations in the exploration and activities in the outer space such as the prohibition of nuclear weapons, acquisition of any portion of outer space by way of sovereignty, imposing international liability upon the state parties (ensures the liability of damage caused by the launching states upon the state parties) also promotes international cooperation through the implementation of the 1968 Rescue Agreement, which requires all State Parties to take necessary measures to rescue astronauts in the event of an accident or distress, and to assist in the return of space objects.

This paper provides a concise overview of the key treaties governing international space law. It highlights significant articles within these treaties rather than offering an exhaustive analysis. While treaties represent one of the primary sources of international law, other important sources include national legislation, principles established by the United Nations and customary international space law.

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