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

to earth”. The articles on the rescue and return of astronauts can also be interpreted to be limitedto areas on the surface of the earth that are not under the jurisdiction of any State. Although thewording of Articles 1 to 4 is not clear, the negotiating history suggests that what the drafters hadin mind were landings or other emergencies on the surface of the earth.Even if the 1968 Rescue Agreement does not apply to accidents or emergencies on boardmanned spacecraft in outer space, there is a principle of space law that would apply in suchsituations. Paragraph 2 of Article V of the 1967 Outer Space Treaty provides that in carrying outtheir activities in outer space or on celestial bodies, the astronauts of one State Party shall renderall possible assistance to the astronauts of other States Parties.For ease of reading, in the remainder of this paper any reference to the phrase “on thehigh seas” should be understood to mean “on the high seas or in any other place not under thejurisdiction of any State”.VI.Rescue and Return of Astronauts1. Personnel of a spacecraftThe first four articles of the 1968 Rescue Agreement set out obligations concerning therescue and return of astronauts. However, the term “personnel of a spacecraft” is used in the 1968Rescue Convention rather than the term “astronauts”. Some writers have suggested that thephrase “personnel of a spacecraft” is intended to be wider than astronauts, and would include anycrewmembers or scientists that have responsibility under the mission.The issue arises as to whether the term “personnel of a spacecraft” would and shouldinclude “space tourists” or “passengers” who have no responsibility under the mission, and whomay pay a substantial fee for the thrill and adventure of travelling in space. Given that therationale for the rescue provisions is “sentiments of humanity”, it does not seem logical to makeany distinction between the categories of persons on board the spacecraft. If there is an accidentor emergency, the objective of the provisions is purely humanitarian - to try to save lives that arein grave danger. It is difficult to imagine that the captain of any naval vessel that found a spacecapsule floating on the high seas would take the astronauts and scientists on board, and refuse torescue any space tourists because they were not “personnel of a spacecraft”.In addition, Article 10 of the 1979 Agreement Governing the Activities of States on theMoon and Other Celestial Bodies (hereinafter “1979 Moon Treaty”) supports a wide reading ofthe phrase “personnel of a spacecraft”. It provides that States Parties shall adopt all practicablemeasures to safeguard the life and health of “persons on the moon”. It further provides that forthis purpose States Parties shall regard any “person on the moon” as part of the “personnel of aspacecraft” within the meaning of the 1968 Rescue Agreement. It also provides that States Partiesshall regard any “person on the moon” as an “astronaut” within the meaning of Article V of the1967 Outer Space Treaty.For ease of reading, I will use the term “astronauts” in the remainder of this documentrather than the more cumbersome phrase “personnel of a spacecraft”.2. Notification of accidents and emergencies involving astronauts (Article 1)Article 1 deals with the situation where a Contracting Party learns that a mannedspacecraft has suffered an accident or is in an emergency situation within its territory or on the