Which are the international space law treaties?
1. The Outer Space Treaty (1967): It is modeled on the Antarctic Treaty, and it sought to prevent "a new form of colonial competition" and the possible damage that self-seeking exploitation might cause.
In early 1957, even before the launching of Sputnik in October, developments in rocketry led the United States to propose international verification of the testing of space objects. The development of an inspection system for outer space was part of a Western proposal for partial disarmament put forward in August 1957. The Soviet Union, however, which was in the midst of testing its first ICBM and was about to orbit its first Earth satellite, did not accept these proposals.
Between 1959 and 1962 the Western powers made a series of proposals to bar the use of outer space for military purposes. Their successive plans for general and complete disarmament included provisions to ban the orbiting and stationing in outer space of weapons of mass destruction. Addressing the General Assembly on September 22, 1960, President Eisenhower proposed that the principles of the Antarctic Treaty be applied to outer space and celestial bodies.
Soviet plans for general and complete disarmament between 1960 and 1962 included provisions for ensuring the peaceful use of outer space. The Soviet Union, however, would not separate outer space from other disarmament issues, nor would it agree to restrict outer space to peaceful uses unless U.S. foreign bases at which short-range and medium-range missiles were stationed were eliminated also.
The Western powers declined to accept the Soviet approach; the linkage, they held, would upset the military balance and weaken the security of the West.
After the signing of the Limited Test Ban Treaty, the Soviet Unions position changed. It ceased to link an agreement on outer space with the question of foreign bases. On September 19, 1963, Foreign Minister Gromyko told the General Assembly that the Soviet Union wished to conclude an agreement banning the orbiting of objects carrying nuclear weapons. Ambassador Stevenson stated that the United States had no intention of orbiting weapons of mass destruction, installing them on celestial bodies or stationing them in outer space. The General Assembly unanimously adopted a resolution on October 17, 1963, welcoming the Soviet and U.S. statements and calling upon all states to refrain from introducing weapons of mass destruction into outer space.
The United States supported the resolution, despite the absence of any provisions for verification; the capabilities of its space-tracking systems, it was estimated, were adequate for detecting launchings and devices in orbit.
Seeking to sustain the momentum for arms control agreements, the United States in 1965 and 1966 pressed for a Treaty that would give further substance to the U.N. resolution.
On June 16, 1966, both the United States and the Soviet Union submitted draft treaties. The U.S. draft dealt only with celestial bodies; the Soviet draft covered the whole outer space environment. The United States accepted the Soviet position on the scope of the Treaty, and by September agreement had been reached in discussions at Geneva on most Treaty provisions. Differences on the few remaining issues -- chiefly involving access to facilities on celestial bodies, reporting on space activities, and the use of military equipment and personnel in space exploration -- were satisfactorily resolved in private consultations during the General Assembly session by December.
On the 19th of that month the General Assembly approved by acclamation a resolution commending the Treaty. It was opened for signature at Washington, London, and Moscow on January 27, 1967. On April 25 the Senate gave unanimous consent to its ratification, and the Treaty entered into force on October 10, 1967.
The substance of the arms control provisions is in Article IV. This article restricts activities in two ways:
First, it contains an undertaking not to place in orbit around the Earth, install on the moon or any other celestial body, or otherwise station in outer space, nuclear or any other weapons of mass destruction.
Second, it limits the use of the moon and other celestial bodies exclusively to peaceful purposes and expressly prohibits their use for establishing military bases, installation, or fortifications; testing weapons of any kind; or conducting military maneuvers.
After the Treaty entered into force, the United States and the Soviet Union collaborated in jointly planned and manned space enterprises.
2. The Rescue Agreement (1968): The Agreement on the Rescue of Astronauts, the Return of Astronauts, and the Return of Objects Launched into Outer Space requires parties to assist astronauts in distress and to safely return them to the launching state. It also covers the return of space objects that land outside the territory of the launching state.
Key provisions of the Rescue Agreement include:
Assistance to Astronauts: Any contracting party that becomes aware that the personnel of a spacecraft have suffered an accident or are in distress on the territory under its jurisdiction must provide all possible assistance to rescue them.
Safe Return: Contracting parties must immediately inform the launching authority and the Secretary-General of the United Nations when they discover that the personnel of a spacecraft are in distress, have made an emergency or unintended landing, or have been found on their territory or on the high seas. The personnel are to be safely and promptly returned to the launching authority.
Return of Space Objects: The agreement also obliges parties to notify the launching authority and the Secretary-General of the UN when a space object lands on their territory or is found beyond the territorial limits of any state. They are required to assist in the recovery of the space object, which should then be returned to the launching authority.
International Cooperation: The Rescue Agreement emphasizes international cooperation and encourages states to continue efforts to adopt measures for the rescue of astronauts and for the prompt and safe return of space objects.
3. The Liability Convention (1972): The Convention on International Liability for Damage Caused by Space Objects outlines procedures for damage compensation that occurs as a result of space objects on the surface of the Earth or to aircraft in flight.
Key features of the Liability Convention include:
Absolute Liability: The launching state is absolutely liable to pay compensation for damage caused by its space objects on the surface of the Earth or to aircraft in flight. This means that if a space object from a country causes damage, that country is responsible for compensation, regardless of fault.
Fault Liability: For damage caused elsewhere than on the surface of the Earth—such as in outer space or on another celestial body—the liability of the launching state is based on fault. This means compensation is required only if the damage resulted from a failure to meet the expected standard of care.
Procedure for Claims: The convention outlines a specific procedure for the presentation of a claim for damage. It stipulates that claims for compensation for damage can be presented through diplomatic channels.
Joint Liability: If two or more states launch a space object jointly, they are jointly and severally liable for any damage that it causes. This means that any of the launching states can be held responsible for the full amount of compensation, and it is up to them to sort out their respective shares of liability among themselves.
Dispute Resolution: In cases where the claim for damage cannot be settled through negotiation, the convention provides for the establishment of a Claims Commission to review the case and make recommendations.
4. The Registration Convention (1976): The Convention on Registration of Objects Launched into Outer Space establishes that launching states must furnish to the United Nations details about the orbit of each space object. This is intended to assist in the identification of space objects and to aid in the application of the Liability Convention.
Key elements of the Registration Convention include:
Registration Requirement: Each state that launches or procures the launching of an object into outer space, or from whose territory or facility an object is launched, is required to maintain a registry of space objects. They must also furnish to the Secretary-General of the United Nations details about each space object. Typically, these details include the name of the launching state, an appropriate designator of the space object or its registration number, date and territory or location of launch, basic orbital parameters (including nodal period, inclination, apogee, and perigee), and the general function of the space object.
International Registry: In addition to national registries, the convention requires the maintenance of an international registry by the Secretary-General of the United Nations, where all provided information is recorded and made accessible for reference.
Purpose of Registration: The main purposes of registration are to assist in identifying space objects for the application of international space law, including liability issues, and to help monitor and control space traffic and space debris, thereby enhancing the safety and sustainability of space operations.
Enhancing Transparency and Responsibility: By maintaining a record of all space objects, the Registration Convention enhances transparency in space activities, thereby promoting international cooperation and trust. It also ensures that states remain accountable for their space objects, supporting the enforcement of other treaties like the Liability Convention.
5. The Moon Agreement (1984): The Agreement Governing the Activities of States on the Moon and Other Celestial Bodies attempts to specifically govern the exploitation of resources from the Moon and other celestial bodies. It extends the provisions of the Outer Space Treaty and seeks to establish a framework for the potential use of space resources. However, it has not been widely ratified and lacks participation from major space-faring nations.
Key aspects of the Moon Agreement include:
Non-Appropriation: Like the Outer Space Treaty, the Moon Agreement stipulates that the Moon and its natural resources are the common heritage of mankind, and no state can claim sovereignty of outer space or any celestial body.
Exploration and Use: All activities on the Moon and other celestial bodies must be carried out for the benefit and in the interests of all countries, irrespective of their degree of economic or scientific development.
Environmental Preservation: The agreement emphasizes the need to preserve the environment of the Moon and other celestial bodies and to avoid their disruptive alteration.
International Regime: It calls for the establishment of an international regime to govern the exploitation of the natural resources of the Moon as such exploitation is about to become feasible.