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

Second, Article 32 on ‘Supplementary means of interpretation’ provides thatsupplementary means of interpretation such as “the preparatory work of the treaty” (i.e. thedrafting or negotiating history) and “the circumstances of its conclusion” may be used1. Either “to confirm the meaning resulting from the application of article 31” (i.e. thegeneral rule of interpretation),2. “Or to determine the meaning when the interpretation according to article 31:(a) Leaves the meaning ambiguous or obscure; or(b) Leads to a result which is manifestly absurd or unreasonable.”The general effect of the above rules of treaty interpretation on the interpretation orapplication of the Rescue Agreement is as follows:1. The Rescue Agreement must be interpreted in good faith.2. Ordinary meaning of the terms should be given, unless the parties intended aspecial meaning (this can be culled out from the drafting history, if not from theAgreement itself – e.g., the Agreement itself defines the “launching authority”).3. Their context (including the whole text, the preamble, any special agreement or asubsequent agreement or practice relating to the Rescue Agreement) must be takeninto account while giving the proper meaning.4. The interpretation adopted must promote the object and purpose of the RescueAgreement. This is an agreement to promote international cooperation in outerspace activities, and with a humanitarian objective.5. Supplementary means of interpretation, such as the drafting/negotiating history ofthe Rescue Agreement and the circumstances of its conclusion, may be used inascertaining the plausible meaning of the terms of the Agreement, either to confirmthe meaning arrived at through rules 1 to 4 above, or if that meaning is absurd orunreasonable.2. The Preamble to the Rescue AgreementThe Preamble to the Agreement does four things:1. As already mentioned above, it notes “the great importance” of the Space treaty of1967, “which calls for the rendering of all possible assistance to astronauts in theevent of accident, distress or emergency landing, the prompt and safe return ofastronauts, and the return of objects launched into outer space.”2. It records the “desire” of the states parties “to develop and give further concreteexpression to these duties.”3. It expresses their “wish” “to promote international cooperation in the peacefulexploration and use of outer space” and4. It states that the Agreement was “Prompted by sentiments of humanity.”These four elements, then, form the objects and purposes of the Agreement that must begiven effect to. These shall govern the substantive obligations undertaken by states parties to theRescue Agreement relative to two situations: (1) rescue and return of astronauts and (2) recoveryand return of space objects.