Page images
PDF
EPUB

2. Requests the Secretary-General to maintain a public registry of the information furnished in accordance with paragraph 1 above;

3. Requests the Committee on the Peaceful Uses of Outer Space, in cooperation with the Secretary-General and making full use of the functions and resources of the Secretariat:

(a) To maintain close contact with governmental and non-governmental organizations concerned with outer space matters;

(b) To provide for the exchange of such information relating to outer space activities as Governments may supply on a voluntary basis, supplementing but not duplicating existing technical and scientific exchanges;

(c) To assist in the study of measures for the promotion of international co-operation in outer space activities;

4. Further requests the Committee on the Peaceful Uses of Outer Space to report to the General Assembly on the arrangements undertaken for the performance of those functions and on such developments relating to the peaceful uses of outer space as it considers significant.

The General Assembly,

C

1085th plenary meeting, 20 December 1961.

Noting with gratification the marked progress for meteorological science and technology opened up by the advances in outer space,

Convinced of the world-wide benefits to be derived from international cooperation in weather research and analysis,

1. Recommends to all Member States and to the World Meteorological Organization and other appropriate specialized agencies the early and comprehensive study, in the light of developments in outer space, of measures:

(a) To advance the state of atmospheric science and technology so as to provide greater knowledge of basic physical forces affecting climate and the possibility of large-scale weather modification;

(b) To develop existing weather forecasting capabilities and to help Member States make effective use of such capabilities through regional meteorological centres;

2. Requests the World Meteorological Organization, consulting as appropriate with the United Nations Educational, Scientific and Cultural Organization and other specialized agencies and governmental and non-governmental organizations, such as the International Council of Scientific Unions, to submit a report to its member Governments and to the Economic and Social Council at its thirty-fourth session regarding appropriate organizational and financial arrangements to achieve those ends, with a view to their further consideration by the General Assembly at its seventeenth session;

3. Requests the Committee on the Peaceful Uses of Outer Space, as it deems appropriate, to review that report and submit its comments and recommendations to the Economic and Social Council and to the General Assembly.

1085th plenary meeting, 20 December 1961.

D

The General Assembly,

Believing that communication by means of satellites should be available to the nations of the world as soon as practicable on a global and non-discriminatory basis,

Convinced of the need to prepare the way for the establishment of effective operational satellite communication,

1. Notes with satisfaction that the International Telecommunication Union plans to call a special conference in 1963 to make allocations of radio frequency bands for outer space activities;

2. Recommends that the International Telecommunication Union consider at that conference those aspects of space communication in which international co-operation will be required;

3. Notes the potential importance of communication satellites for use by the United Nations and its principal organs and specialized agencies for both operational and informational requirements;

4. Invites the Special Fund and the Expanded Programme of Technical Assistance, in consultation with the International Telecommunication Union, to give sympathetic consideration to requests from Member States for technical and other assistance for the survey of their communication needs and for the

development of their domestic communication facilities so that they may make effective use of space communication;

5. Requests the International Telecommunication Union, consulting as appropriate with Member States, the United Nations Educational, Scientific and Cultural Organization and other specialized agencies and governmental and non-governmental organizations; such as the Committee on Space Research of the International Council of Scientific Unions, to submit a report on the implementation of those proposals to the Economic and Social Council at its thirty-fourth session and to the General Assembly at its seventeenth session;

6. Requests the Committee on the Peaceful Uses of Outer Space, as it deems appropriate, to review that report and submit its comments and recommendations to the Economic and Social Council and to the General Assembly. 1185th plenary meeting, 20 December 1961.

The General Assembly,

E

Recalling its resolution 1472 (XIV) of 12 December 1959,

Noting that the terms of office of the members of the Committee on the Peaceful Uses of Outer Space expire at the end of 1961,

Noting the report of the Committee on the Peaceful Uses of Outer Space.1

1. Decides to continue the membership of the Committee on the Peaceful Uses of Outer Space as set forth in General Assembly resolution 1472 (XIV) and to add Chad. Mongolia, Morocco and Sierra Leone to its membership in recognition of the increased membership of the United Nations since the Committee was established;

2. Requests the Committee to meet not later than 31 March 1962 to carry out its mandate as contained in General Assembly resolution 1472 (XIV), to review the activities provided for in the present resolution and to make such reports as it may consider appropriate.

1085th plenary meeting, 20 December 1961.

RESOLUTIONS ADOPTED BY THE GENERAL ASSEMBLY (ON THE REPORT OF THE FIRST COMMITTEE (A/4351))

1472 (XIV). INTERNATIONAL CO-OPERATION IN THE PEACEFUL USES OF OUTER SPACE

A

The General Assembly,

Recognizing the common interest of mankind as a whole in furthering the peaceful use of outer space,

Believing that the exploration and use of outer space should be only for the betterment of mankind and to the benefit of States irrespective of the stage of their economic or scientific development,

Desiring to avoid the extension of present national rivalries into this new field,

Recognizing the great importance of international co-operation in the exploration and exploitation of outer space for peaceful purposes,

Noting the continuing programmes of scientific co-operation in the exploration of outer space being undertaken by the international scientific community, Believing also that the United Nations should promote international cooperation in the peaceful uses of outer space,

1. Establishes a Committee on the Peaceful Uses of Outer Space, consisting of Albania, Argentina, Australia, Austria, Belgium, Brazil, Bulgaria, Canada, Czechoslovakia, France, Hungary, India, Iran, Italy, Japan, Lebanon, Mexico, Poland, Romania, Sweden, the Union of Soviet Socialist Republics, the United Arab Republic, the United Kingdom of Great Britain and Northern Ireland and the United States of America, whose members will serve for the years 1960 and 1961, and requests the Committee:

(a) To review, as appropriate, the area of international co-operation, and to study practical and feasible means for giving effect to programmes in the

1 A/4987.

peaceful uses of outer space which could appropriately be undertaken under United Nations auspices, including, inter alia:

(i) Assistance for the continuation on a permanent basis of the research on outer space carried on within the framework of the International Geophysical Year;

(ii) Organization of the mutual exchange and dissemination of information on outer space research;

(iii) Encouragement of national research programmes for the study of outer space, and the rendering of all possible assistance and help toward their realization;

(b) To study the nature of legal problems which may arise from the exploration of outer space;

2. Requests the Committee to submit reports on its activities to the subsequent sessions of the General Assembly.

The General Assembly,

B

856th plenary meeting, 12 December 1959,

Noting with satisfaction the successes of great significance to mankind that have been attained in the exploration of outer space in the form of the recent launching of artificial earth satellites and space rockets,

Attaching great importance to a broad development of international cooperation in the peaceful uses of outer space in the interests of the development of science and the improvement of the well-being of peoples,

1. Decides to convene in 1960 or 1961, under the auspices of the United Nations, as an international scientific conference of interested Members of the United Nations and members of the specialized agencies for the exchange of experience in the peaceful uses of outer space;

2. Requests the Committee on the Peaceful Uses of Outer Space, established in resolution A above, in consultation with the Secretary-General and in co-operation with the appropriate specialized agencies, to work out proposals with regard to the convening of such a conference;

3. Requests the Secretary-General, in accordance with the conclusions of the Committee, to make the necessary organizational arrangements for holding the conference.

856th plenary meeting, 12 December 1959.

[Press Release No. 4316, Nov. 22, 1963]

STATEMENT BY AMBASSADOR FRANCIS T. P. PLIMPTON, IN THE UNITED NATIONS COMMITTEE ON THE PEACEFUL USES OF OUTER SPACE, ON OUTER SPACE LEGAL PRINCIPLES, NOVEMBER 22, 1963

Two years ago the General Assembly made a definite beginning in conscious international efforts to shape and develop law for outer space. The Assembly's Resolution 1721 is a United Nations landmark in the history of outer space law. In that resolution the General Assembly commended to states for their guidance, legal principles on the freedom of outer space and celestial bodies and on the applicability of international law, including the United Nations Charter, to activities in outer space.

In the same resolution the General Assembly asked this Committee to study legal questions arising in the exploration of space. In the ensuing 2 years, this Committee and our Legal Subcommittee have held extended and thorough discussions in pursuance of the Assembly's mandate.

From an early stage in those discussions, it was recognized that any attempt at a comprehensive codification of legal rules for outer space would not at this stage be appropriate. The world's experience in exploring outer space has been entirely too brief to make any such codification possible yet. Instead, attention was focused on proposals for a study of specific topics, such as liability for space vehicle accidents, and rescue and return of astronauts and space vehicles. At the same time there were proposals for setting down a statement of broad general principles, on which a consensus might be obtained, designed to govern the activities of states in outer space.

We are now at the point of recording progress in the field of outer space law. We have before us a draft declaration of legal principles. This declara

26-460-64-9

tion is the outcome of a long process of international debate and intergovernmental consultation. During previous meetings, drafts of general principles were presented by several delegations. These drafts were extensively debated. Numerous positions were set forth, clarified, and modified. Areas of agreement were identified, and as time went on differences of view on other matters were narrowed.

This fall, in pursuance of recommendations included both in the report of the Legal Subcommittee and in the report of this Committee made in September, further consultations were held among delegations in order to produce a text which could be generally agreed and supported. These efforts were, we believe, crowned with success, and the agreed paper which emerged is now before us in the form of a proposed "Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space." The U.S. delegation would like to offer a few comments on the proposal.

First, it will be seen that the opening operative paragraphs of the declaration-paragraphs 1 through 4-are drawn from the General Assembly's Resolution 1721 of 2 years ago. They state broad principles which by now have become familiar in the international community. The first is that the exploration and use of outer space shall be carried on for the benefit and in the interests of all mankind. The second principle states the freedom of outer space and celestial bodies for exploration and use by all States, on the basis of equality and in accordance with international law. The third principle asserts the proposition that outer space and celestial bodies are not subject to national appropriation in any form or by any means. The fourth principle proclaims that the activities of states in outer space shall be carried on in accordance with international law including the Charter of the United Nations.

Paragraph 5 of the declaration asserts the principle that states are internationally responsible for all national activities in outer space, whether these are carried on by agencies of government or by nongovernmental entities. In the case of private enterprise in outer space, government authorization and continuing governmental supervision are required. This part of the declaration also recognizes that states may sometimes conduct activities in outer space through an international organization. When they do so, both the participating states and the international organization itself bear responsibility for the activities undertaken. The principle of state responsibility applies also where outer space activities are carried on by two or more states cooperatively even if they do not act through a formally established international organization. The next part of the declaration-paragraph 6-deals with the use of international consultation to guard against any outer space activities or experiments that would cause potentially harmful interference with the activities of other states in the peaceful exploration and use of outer space. The provisions of paragraph 6 are twofold: First, if a State has reason to believe that one of its own outer space activities or experiments would cause potentially harmful interference with the activities of other states, the first state shall undertake appropriate international consultations before proceeding with the activity or experiment. Second, if a state has reason to believe that an activity or experiment planned by another state would cause potentially harmful interference, the first state may request consultation. Paragraph 6 is a statement of principle; it does not specify the manner in which consultations are to be held. As the United States has indicated in the past, we regard the consultative group of COSPAR as an appropriate forum for consultation. But in a statement of general principles it would be inappropriate to specify one particular mode exclusively and for all time.

Paragraph 7 of the declaration deals with the status of objects launched into outer space. First the paragraph provides that jurisdiction and control over such objects, and any personnel thereon, are retained by the state of registry while an object is in outer space. This provision parallels some precedents that are familiar in the fields of maritime and aviation law. Paragraph 7 next provides that ownership of objects launched into outer space is not affected by their transit through space or by return to the earth. The paragraph concludes with a statement that space objects, or component parts of such objects, which are found outside the state of registry shall be returned to that state, upon the furnishing of identifying data prior to return if such data are requested.

I should emphasize here that paragraph 7, like the other parts of the draft, is a broad statement of general principle. It does not seek to cover every

[ocr errors]

conceivable situation, and it does not contain details for precise application. Such matters will need to be given further study, and elaboration will be required in subsequent instruments.

Paragraph 8 states the principle of international liability for damage done in a space vehicle accident. The principle is broadly framed. It covers personal injury, loss of life, and property damage. It covers accidents occurring on the earth, in airspace, or in outer space.

The declaration recognizes the liability of international organizations, as well as of the states participating in them, for damage caused by space activities in which international organizations engage. This is made clear by the last sentence of paragraph 5, which sets forth the following broad principles, covering liability along with other matters: "When activities are carried on in outer space by an international organization, responsibility for compliance with the principles set forth in this declaration shall be borne by the international organization and by the states participating in it." It is thus clear that both the international organization itself, and the members participating in it, may be called upon to bear liability.

Details of the application of paragraph 8 and the last sentence of paragraph 5, relating to liability, will need to be spelled out in an appropriate international agreement.

The concluding paragraph in the declaration sets forth the humanitarian principle of assistance to astronauts in the event of accident, distress, or emergency landing-whether on the territory of a foreign state or on the high Astronauts who make such landings are to be safely and promptly returned to the state of registry of their space vehicle.

seas.

In our view, by taking favorable action on this draft declaration we will not be completing, but only beginning our work in the development of law for outer space. The declaration of legal principles is not the last word; it is one of the first. In the future, the United Nations may wish to formulate additional principles, as experience accumulates. We believe also that work should be undertaken in the immediate future to enlarge upon two of the individual principles so that they may be given practical application and effect in the form of detailed international agreements. We think there is wide agreement that the Outer Space Committee should next take up as a matter of first priority in the legal area the task of preparing international agreements on the subjects of (1) liability for space vehicle accidents, and (2) assistance to and return of astronauts and space vehicles.

We believe, moreover, that we should arrange our work program when we next meet in accordance with this priority.

[Press Release No. 4323, Dec. 2, 1963]

STATEMENT BY AMBASSADOR ADLAI E. STEVENSON, U.S. REPRESENTATIVE TO THE UNITED NATIONS, IN COMMITTEE I ON INTERNATIONAL COOPERATION IN THE PEACEFUL USES OF OUTER SPACE, DECEMBER 2, 1963

Mr. Chairman, in a world kept taut by constant danger, in an organization often kept busy by dispute, it is heartening at any time to be able to speak of progress any progress toward freedom, or peace, or law, or international cooperation in any field of human endeavor.

I take great satisfaction, therefore, in coming before you today to comment upon our progress toward freedom, peace, law, and cooperation in the field of outer space.

Commonsense and harsh experience combine to teach us not to predict tomorrow by extrapolating from today-especially if today is one of those days on which some progress has been made toward a safer and saner world.

Instead we have seen enough of disappointment to half suspect that today's zig automatically will be offset by tomorrow's zag. But I cannot suppress altogether the tempting notion that perhaps the habit of international cooperation may catch on first in remote outer space and then fall, contagiously, back to earth.

In any event, we can draw some comfort from the historical analogy between this great age of discovery, symbolized by the pioneer astronauts Gagarin and Glenn, and that earlier great age of discovery, symbolized by Erikson and Columbus.

« PreviousContinue »