The Declarations and Principles on Outer Space Today

MAUREEN WILLIAMS

Teherán, Irán

Workshop; International Legal Framework Governing Space Activities - Current Status and Trends; 2009

Naciones Unidas (COPUOS)

ABSTRACT When the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies[1] (or Treaty on General Principles, as usually referred to) came into force, the United Nations began the progressive development and codification of a new branch of international law which departed, in many ways, from the traditional principles of international law applied on Earth. Highly influenced by the advances of science and technology it may be assumed that the changes introduced thereby are modelling, inter alia, a modern concept of sovereignty far more consistent with the world of today. In fact, the only time the term ´sovereignty´ is mentioned in the 1967 Space Treaty is to deny, in no uncertain terms,  any possibility of claims of sovereignty based on use or occupation, or by any other means[2]. I shall come back to this later but it should be said from the outset that this was an effective way of minimising a powerful source of international tension. The language of the Space Treaty, and its substantial principles, is reminiscent of the 1959 Antarctic Treaty, i.e. no claims of sovereignty, non appropriation, peaceful purposes, international cooperation, freedom of access and scientific investigation, demilitarisation, international responsibility and so forth. Yet, unlike the Antarctic system which applies to an area south of 60° South latitude, the Space Treaty extends its force to unlimited areas outside national jurisdiction, such as outer space, the moon and other celestial bodies. Moreover, no time limits are set in the Space Treaty, along the lines of article XII, 2, (a) of the Antarctic Treaty which envisages a Conference of the Parties -for reviewing its operation-  to be held as soon as practicable, at the request of any of them, thirty years after the entering into force of the Treaty [3].  Finally, and unlike the drafting of the Antarctic system, the Space Treaties were negotiated and adopted in the framework of the United Nations. [1] Hereinafter  the "1967 Space Treaty", the "Treaty on General Principles" or, simply, the "Space Treaty". The text of this Treaty was embodied in UNGA Resolution 2222 (XXI) of 19 December 1966. [2] This provision is supplemented by article I of the Space Treaty proclaiming freedom of access to all areas of celestial bodies. [3] This possibility, however, never materialised.