Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and other Celestial Bodies Presentation by Justin Ordoyo University of the Philippines College of Law

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