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Proceedings of the Workshop - United Nations Office for Outer ...

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EXISTING UNITED NATIONS TREATIES: STRENGTHS AND NEEDS 29In reference to <strong>the</strong> Moon Agreement, it can befound some gaps and non-definite terms , as <strong>the</strong>’’common benefit <strong>of</strong> Mankind”, considered now as its”heritage”. The Law <strong>of</strong> <strong>the</strong> Sea negotiations, with its1994 Protocol could be taken as an example.Through <strong>the</strong> debate <strong>of</strong> <strong>the</strong> five space treaties in <strong>the</strong>Legal Subcommittee, <strong>the</strong> principles in <strong>for</strong>ce could bedeveloped; filling <strong>the</strong> gaps and <strong>the</strong> present conflicts thatconducted to <strong>the</strong> standstill situation. The present state<strong>of</strong> space industry requires more precise rules. Theexisting treaties and principles have <strong>of</strong>ten a very genericcharacter.This growing evolution <strong>of</strong> space science andtechnology, supports <strong>the</strong> idea <strong>of</strong> <strong>the</strong> need <strong>of</strong> creating aninternational space organisation. The COPUOS, as <strong>the</strong>sole body that treats space issues in a global way, is notenough, due to its membership (61 members), to itsnon-permanent character, and to <strong>the</strong> scarce resourcesassigned. That organisation would have mainly <strong>the</strong> task<strong>of</strong> controlling <strong>the</strong> compliance <strong>of</strong> space norms in <strong>for</strong>ceand <strong>of</strong> preserving <strong>the</strong> use <strong>of</strong> space environment so as toavoid its contamination.While this does not occur, it should bestreng<strong>the</strong>ned <strong>the</strong> role <strong>of</strong> COPUOS <strong>for</strong> two reasons: first<strong>of</strong> all, to continue with its work <strong>of</strong> elaborating <strong>the</strong> rules<strong>of</strong> Space Law and secondly, because it is <strong>the</strong> maincentre <strong>of</strong> coordination <strong>of</strong> International Cooperation in<strong>the</strong>se issues.States have reaffirmed <strong>the</strong>ir will <strong>of</strong> internationalcooperation by approving UNGA Resolution 52/122,The political context has changed. The Cold War isover, and <strong>the</strong>re exist cooperation links betweendeveloped countries (<strong>for</strong> instance in <strong>the</strong> InternationalSpace Station) and between developing countries.Developing countries have serious difficulties toparticipate in <strong>the</strong> use <strong>of</strong> space technology and to haveaccess to it. Among o<strong>the</strong>r reasons, because <strong>the</strong> prices<strong>the</strong>y must pay are too high or <strong>the</strong>ir lack <strong>of</strong> confidence in<strong>the</strong>ir own scientific and technical capacities. That iswhy training <strong>of</strong> human resources must be considered asan essential target. But, through cooperation, <strong>the</strong>seobstacles may be overcome.The countries <strong>of</strong> <strong>the</strong> American continent, through<strong>the</strong> Space Conferences <strong>of</strong> <strong>the</strong> Americas, have looked <strong>for</strong>cooperation mechanisms <strong>for</strong> certain projects that imply<strong>the</strong> use <strong>of</strong> space technology; despite <strong>the</strong>y have notreached <strong>the</strong> expected success.There are certain areas where cooperation maybring major benefits: <strong>the</strong> monitoring <strong>of</strong> spaceenvironment and <strong>the</strong> prevention <strong>of</strong> natural disasters.That is why we consider that <strong>the</strong> action in <strong>the</strong>se areasmust be streng<strong>the</strong>ned.There exist misin<strong>for</strong>mation in many countries about<strong>the</strong> benefits brought by space technology. It isnecessary that decision-makers <strong>of</strong> each country becomeaware <strong>of</strong> <strong>the</strong> fact that it is necessary to participate in <strong>the</strong>development <strong>of</strong> space technology. It is desirable toreach multilateral consensus about space objectives andto achieve agreements at <strong>the</strong> highest decision level.International cooperation should be promoted byattending, participating and giving opinions at <strong>the</strong>specialised <strong>for</strong>a such as COPUOS.Uruguay is member <strong>of</strong> <strong>the</strong> Committee since 1981and has supported its work in <strong>the</strong> sense <strong>of</strong> deepeningand adhering to <strong>the</strong> legal regime in <strong>for</strong>ce, having alwaysin mind <strong>the</strong> basic concept <strong>of</strong> <strong>the</strong> Common Heritage <strong>of</strong>Mankind.Cooperation must be practised among all countries,developed and developing, and, in fact, must bematerialised through <strong>the</strong> active participation in <strong>the</strong>elaboration <strong>of</strong> Space Law and in <strong>the</strong> ratification <strong>of</strong> <strong>the</strong>legal instruments in <strong>for</strong>ce.ConclusionSpace activities are developed by a selected group <strong>of</strong>states. Developing countries that mostly do notparticipate in space activities must streng<strong>the</strong>n <strong>the</strong>irtechnological capacity and, through “internationalcooperation” must take advantage <strong>of</strong> <strong>the</strong> availablemeans at <strong>the</strong> regional level, according to universalobjectives and ef<strong>for</strong>ts. They should also become aware<strong>of</strong> <strong>the</strong> real and practical possibilities <strong>of</strong>fered by <strong>the</strong>Space Age. They should demonstrate <strong>the</strong>ir interest in

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