Common use of Five Outer Space Conventions Clause in Contracts

Five Outer Space Conventions. The United States of America’s Status Overall, the United States is a party to four outer space conventions.286 In respect of the first convention, the Outer Space Treaty 1967,287 the United States signed the Treaty on 27 January 1967, the date on which it was opened for signature to all states. When the Outer Space Treaty 1967 came into force on 10 October 1967, the United States Government ratified the Treaty the very same day.288 Such ratification reflects, under the United States’ 282 Some information on the United States space policies with respect to its leadership in space is available in, ▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇, supra note 251, at 374-377. See also Section 20102(d)(5), National Aeronautics and Space Act 2010, infra note 326. 283 The ▇▇▇▇▇▇▇ Space Centre is the main launch site operated by NASA. Its headquarters are in ▇▇▇▇▇▇ Island, Florida. Its former name was Launch Operation Centre, established in July 1962. In late 1963, it was renamed the ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Space Centre to honour the President who put America on the path to the moon. See ▇▇▇▇://▇▇▇.▇▇▇▇.▇▇▇/centers/▇▇▇▇▇▇▇/about/history/index.html, accessed: 25 January 2013. 284 Wallops Flight Facility is NASA’s small launch centre. See ▇▇▇▇://▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/wiki/Wallops_Flight_Facility, accessed: 26 January 2013. 285 Cape Canaveral Air Force Station is governed by the United States Department of Defense. It is located at the southeast of NASA’s ▇▇▇▇▇▇▇ Space Centre on the adjacent ▇▇▇▇▇▇▇ Island. It is an installation of the United States Air Force Space Command’s 45th Space Wing, and a primary launch head of the United States Eastern Range with several launch pads currently active. A number of major United States early space explorations were launched from this station. These include the first United States satellite (1958), the first United States astronaut (1961), and many others. However, when a gradual decline occurred in most operations, and it could no longer house new rocket facilities, most operations were transferred to the nearby ▇▇▇▇▇▇▇ Space Centre. See ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/nr/travel/aviation/cap.htm, and ▇▇▇▇://▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/wiki/Cape_Canaveral_Air_Force_Station, both accessed: 25 January 2013. 286 The conventions are: the Outer Space Treaty 1967, the Rescue Agreement 1968, the Liability Convention 1972, and the Registration Convention 1975, except the Moon Agreement 1979. See United Nations, United Nations Treaties and Principles on Outer Space and Related General Assembly Resolutions: Status of International Agreements Relating to Activities in Outer Space as at 1 January 2010, Addendum, Ref.: Sales No. E.08.1.10, ST/SPACE/11/Rev.2/Add.3, (Vienna: United Nations, 2009). 287 Outer Space Treaty 1967, supra note 24. 288 See ▇▇▇▇://▇▇▇.▇▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/oosatdb/▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇, accessed: 27 January 2013. international obligation, the state’s consent to be bound by the legal rules set forth in the Outer Space Treaty 1967. The second agreement is the Rescue Agreement 1968.289 The United States Government signed this Agreement on 22 April 1968, the same date the Agreement was opened for signature to all states. The Agreement was then ratified by the United States on 3 December 1968, the date it came into force.290 The third convention is the Liability Convention 1972.291 The Convention was signed by the state on the same date it was opened for signature, on 29 March 1972. However, ratification of the Convention was not executed until 9 October 1973, approximately one year after the Convention came into force on 1 September 1972.292 The United States thus took about eighteen months, from the signing date, to consider becoming a party to the Liability Convention 1972. The last convention to which the United States became a party was the Registration Convention 1975.293 It is noted that the United States signed the Convention on 24 January 1975, ten days after it was opened for signature (14 January 1975). One year later, ratification took place, on 15 September 1976, the date it came into force.294 As for the last United Nations outer space convention, the Moon Agreement 1979,295 the United States has not signed, ratified or acceded to this Agreement. Thus, the United States is not a party to the Moon Agreement. Even though the state is not a party to the Agreement, it was observed that, during the early development of the Moon Agreement 1979, the United States Government seemed to be in favour of it. This was evident when, during the early development of the Agreement, the United States Government made a significant contribution, along with other countries, to drafting the Moon Agreement 1979. For instance, in 1970 the United States backed Argentina’s proposal entitled ‘Draft Agreement on the Principles Governing Activities in the Use of the Natural Resources on the Moon and Other Celestial Bodies’.296 Moreover, throughout the course of negotiations on the drafting of the Agreement, the United States Government submitted a variety of proposals and working 289 See Rescue Agreement 1968, supra note 27. 290 See supra note 288. 291 See Liability Convention 1972, supra note 29. 292 See supra note 288. 293 See Registration Convention 1975, supra note 31. 294 See supra note 288. 295 See Moon Agreement 1979, supra note 34. 296 See UN Doc. A/AC. 105/C.2/L.71 and Corr.1, 1970. See ▇▇▇▇▇▇▇, ▇.▇.▇., “The History of the Draft Treaty on the Moon”, (1976) 19 IISL Colloquium on the Law of Outer Space, 357. papers for the UNCOPUOS Legal Subcommittee to consider.297 Indeed, the United States delegate, ▇▇. ▇▇▇▇▇▇▇▇▇, made remarks that were in favour of and supported the formation of the Agreement.298 It is noted that these positive remarks were made during the presidency of ▇▇▇▇▇ ▇▇▇▇▇▇, whose administration was in favour of approving the Agreement. However, when a change of presidency occurred in 1981 and ▇▇▇▇▇▇ ▇▇▇▇▇▇ was elected as the United States President, the Moon Agreement was then considered a ‘dead issue’.299 ▇▇▇▇▇▇ was against the Agreement and did not plan to ratify it. Since then, the Moon Agreement has not been considered in the best interests of the United States Government as it claims it would deprive the United States of opportunities for development in space technology and resources. Regarding the treaty-making process, pursuant to Article II of the United States Constitution, treaty-making power is actually vested in the President, who shall act with the consent and advice of the United States Senate.300 The President has the power to negotiate and sign international agreements, and the Senate shall give its consent for ratification, for which a two-thirds majority is needed.301 Such international treaties to which the United States is a party, together with the Constitution itself and the laws of the United States, are then treated as the supreme law of the Land according to Article VI of the Constitution.302 In summary, the United States is a state party to four United Nations outer space treaties: the Outer Space Treaty 1967, the Rescue Agreement 1968, the Liability Convention 1972, and the Registration Convention 1975. However, the country is a non-party state to the Moon Agreement 1979, which the country has neither signed nor acceded to. The United States 297 See (A/A.105/C.2 (XI), (UN Doc. A/AC.105/115 of 27.4.1973); (UN Doc. A/AC.105/C.2/L.91 and Corr.1); see also id. at 360. 298 Mr. Hosenball mentioned that, ‘… My Government will, … , make every effort to see that such regime is successfully negotiated’, (UN Doc. A/AC.105/PV.203, dated: 16.7.1979). He also quoted, ‘… the Committee agreed that Article VII [Moon Treaty 1979] is not intended to result in prohibiting the exploitation of natural resources … but rather to minimise any disruption of or adverse effects to the existing balance of the environment’. Other statements include, ‘… Our delegation accepted … the Moon Treaty with the understanding that it in no way derogates from or limits the provisions of the 1967 Outer Space Treaty’, (UN Doc. A/AC.105/PV.203). See also ▇▇▇▇▇▇ ▇. ▇., ▇▇., “1979 United Nations Moon Treaty Encourages Lunar ▇▇▇▇▇▇▇ & Space Development”, (1979) 22 IISL Colloquium on the Law of Outer Space 123. 299 See “UN Moon Treaty Falling to US Opposition Groups”, (March 1985), National Space Society, at ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/settlement/L5news/1982-opposition.htm, accessed: 27 January 2013. 300 See Article II, Section 2 (Clause 2), the United States Constitution. The full text is available at ▇▇▇▇://▇▇▇▇▇▇.▇▇▇▇▇.▇▇▇/pdf/Organic%20Laws/const.pdf, accessed: 27 January 2013. 301 See id. See also ▇▇▇▇▇▇▇, ▇▇▇▇▇▇, Legal Basis for a National Space Legislation, Space Regulations Library Series, vol. 3, (Dordrecht: Kluwer Academic Publisher, 2004), at 76. 302 Article VI, Clause 2, the United States Constitution, supra note 300. only became a party to all four conventions by means of ratification. No mode of accession was used in becoming a party to the treaties. Being a party to the four treaties, the United States is bound under its international obligation legally, politically, and morally to respect, abide by and comply with the rules stipulated in those outer space treaties from the moment of their ratification.