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

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Rescue Agreement1968 Rescue Agreement – An OverviewRobert C. BeckmanAssociate Pr<strong>of</strong>essor & Vice-Dean, Faculty <strong>of</strong> LawNational University <strong>of</strong> SingaporeIntroductionThe Agreement on <strong>the</strong> Rescue <strong>of</strong> Astronauts, <strong>the</strong> Return <strong>of</strong> Astronauts, and <strong>the</strong> Return <strong>of</strong>Objects Launched into <strong>Outer</strong> Space, 1968 (hereafter “1968 Rescue Agreement”) was adopted on19 December 1967. It was opened <strong>for</strong> signature on 22 April 1968, and it entered into <strong>for</strong>ce on 3December 1968.As <strong>of</strong> 1 September 2003, 88 States are parties and ano<strong>the</strong>r 25 States are signatories. Inaddition, one international organization, <strong>the</strong> European Space Agency, has declared that it accepts<strong>the</strong> rights and obligations in <strong>the</strong> Agreement.The parties to <strong>the</strong> 1968 Rescue Agreement include all <strong>of</strong> <strong>the</strong> space powers. In East Asia,China, Japan, Mongolia, Republic <strong>of</strong> Korea and <strong>the</strong> Russian Federation are parties. TheDemocratic People’s Republic <strong>of</strong> Korea is not a party to this Agreement or to any <strong>of</strong> <strong>the</strong> o<strong>the</strong>rtreaties on outer space. In South Asia, India, Maldives, Nepal and Pakistan are parties;Bangladesh and Sri Lanka are not. In Sou<strong>the</strong>ast Asia, <strong>the</strong> status <strong>of</strong> <strong>the</strong> 1968 Rescue Agreement ismore mixed. Four States are parties (Indonesia, Laos, Singapore and Thailand); four States aresignatories (Malaysia, Myanmar, Philippines and Vietnam); and two States are nei<strong>the</strong>r parties norsignatories (Brunei and Cambodia).I. BackgroundThe 1968 Rescue Agreement was <strong>the</strong> second <strong>of</strong> <strong>the</strong> four space law treaties to be adopted,and <strong>the</strong> first to be adopted after <strong>the</strong> 1967 <strong>Outer</strong> Space Treaty. The Soviet Union pushed <strong>for</strong> thisagreement to be concluded be<strong>for</strong>e <strong>the</strong> agreement on liability. The Soviet Union attached greatimportance to this agreement because it had fewer resources than <strong>the</strong> <strong>United</strong> States <strong>for</strong> recoveringreturning spacecraft and astronauts from <strong>the</strong> high seas in all parts <strong>of</strong> <strong>the</strong> world, and it was<strong>the</strong>re<strong>for</strong>e more likely than <strong>the</strong> <strong>United</strong> States to require assistance from third States.The 1968 Rescue Agreement was drafted and adopted in record time. Like <strong>the</strong> o<strong>the</strong>rinternational instruments on space law that were agreed upon during <strong>the</strong> Cold War, <strong>the</strong> two superspacepowers, <strong>the</strong> <strong>United</strong> States and <strong>the</strong> Soviet Union, played a predominant role in drafting <strong>the</strong>text. The two major space powers agreed upon a text and jointly submitted it to Legal Sub-Committee <strong>of</strong> COPUOS on 13 December 1967, just one day be<strong>for</strong>e it was scheduled to meet. The

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