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

the need for the general principles was more pressing, with the two super powers slowlytriggering a ‘space race’ sending up one space object after another to an area where there was noclear applicable law. For another, it was the Soviet Union, which pressed for the RescueAgreement, probably because its spacecraft were designed to impact on land on return to earth,necessitating assistance from other states in case of accidents. On the other hand, the USspacecraft were designed to fall in the sea, and the United States had a number of worldwidetracking facilities. Other states, being just onlookers at that time, did not take much interest inevolving the law relating to ‘space salvage and assistance.’Added to this, there were also other issues to be resolved: Should this special treaty onrescue and assistance be open to all states (both space powers and other non-space powers)? Whatabout provision for disputes settlement? Should international organisations too be allowed toparticipate in space activities and if so how to associate them with this treaty? Many of theseissues became clearer as the Space Treaty came to be finalised in 1967. The non-space powersinsisted on clarification of international liability for damage caused by objects launched intospace, as they felt they were also the likely victims if things went wrong on launching or orbitingof a space object. For a start, this came to be dealt with in the 1963 Declaration on Outer Space(Principle 5), and the Outer Space Treaty 1967 (Article VI), as a general principle of internationalresponsibility for national activities in outer space. It was later elaborated in the Space LiabilityConvention 1971.4. The Space Treaty 1967 and the Principle of Rescue and AssistanceThe Space Treaty 1967 is generally regarded as the Fundamental Law relating to outerspace, for it enshrines basic principles in the elaboration of which International Space Law hasdeveloped over time. Many of the legal instruments came to be evolved on the basis of theseprinciples. Thus, Articles VIII and V of the Space Treaty contain the general rules applicable torescue and assistance. Article VIII, last sentence provides that space objects or their componentparts found outside the territorial limits of the state of registry shall be returned to that state byother states, if necessary after clarifying their identity. And Article V states as follows:“States Parties to the Treaty shall regard astronauts as envoys of mankind in outer spaceand shall render to them all possible assistance in the event of accident, distress, or emergencylanding on the territory of another State Party or on the high seas. When astronauts make such alanding, they shall be safely and promptly returned to the State of the registry of their spacevehicle.“In carrying on activities in outer space and on celestial bodies, the astronauts of oneState Party shall render all possible assistance to the astronauts of other States Parties.“States Parties to the Treaty shall immediately inform the other States Parties to theTreaty or the Secretary-General of the United Nations of any phenomena they discover in outerspace, including the Moon and other celestial bodies, which could constitute a danger to the lifeor health of astronauts.”The above provisions of the Space Treaty contains four principles:(1) Every state has a duty to return to the state of registry, space objects or theircomponent parts found outside the latter’s territorial limits, if necessary after confirmingthe identity of the object concerned.