The 1979 Moon Agreement Sample Clauses

The 1979 Moon Agreement. The dispute settlement procedure provided by the 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies103 is uncom- plicated. It does not contain any obligation for the compulsory submission of disputes to settlement procedures. Fundamentally, it is restricted to negotia- tion and mediation by the UN Secretary-General. However, this does not imply any binding obligation on States Parties to accept the settlement proposals of the highest administrative authority of the United Nations. The USA Draft Proposal of the Moon Treaty104 proposed the International Court of Justice as the institution for the settlement of disputes in connection with the interpretation and application of the Moon Treaty. This proposal however met with stiff resistance in the UN COPUOS, and was subsequently rejected from the final form of the Moon Agreement. The dispute settlement provisions in the Moon Agreement begin with the landing of space objects and the placement and movement of personnel, space vehicles, equipment, facilities, stations and installations on the Moon.105 The first consideration is the potential interference of States Parties with activities of other States Parties in this respect. Article 8(3) of the Moon Agreement provides “Activities of States Parties in accordance with paragraphs 1 and 2 of this article shall not interfere with the activities of other States Parties on the Moon. Where such interference may occur, the State 101ibidem at 136 102For excellent discourses on the Liability Convention, see generally Xxxxxxxxx, P.P.C., The Law and Policy of Air Space and Outer Space: A Comparative Approach, (2003), espe- cially with regard to the comparative analysis of liability issues in air law and international space law; Xxxxxxxxx-Xxxxxxxxx, X.X.Xx., An Introduction to Space Law (2nd ed., 1997), in particular for the historical context and impact of the Liability Convention. 103Agreement Governing the Activities of States on the Moon and Other Celestial Bod- ies, (1979), UN Doc. A/34/664 (1979) [hereinafter “Moon Agreement”]In this section, all Articles, unless specified otherwise, refer to those in the Moon Agreement. 104A/AC.105/32 of 17 June 1966. Article 11 of the Draft Proposal reads: “Any dispute arising from the interpretation or application of this Agreement may be referred by any contracting party hereto to the International Court of Justice for decision.” 105Articles 8(1) and (2), Moon Agreement, see supra note 103 40 ...
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Related to The 1979 Moon Agreement

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