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

high seas. It imposes an obligation on the Contracting Party to immediately notify the LaunchingAuthority and the UN Secretary-General. If it cannot identify or immediately communicate withthe Launching Authority, it must immediately make a public announcement by all appropriatemeans of communication at its disposal.This provision imposes a minimal duty on Contracting Parties to notify the mostinterested parties of an emergency situation that threatens the lives of astronauts on board aspacecraft. One wonders why, as a matter of policy, Contracting Parties do not have a similarobligation if they learn of astronauts who have suffered an accident or emergency in anotherState’s territory. In some cases it is very likely that technologically-advanced States could learn ofsuch situations before the State in whose territory the astronauts have landed. Surely aContracting Party should be under a humanitarian duty to notify both the Launching Authorityand the State in whose territory the astronauts have landed.3. Search and rescue within the territory of party (Article 2)If due to an accident or other emergency astronauts land in the territory of a ContractingParty, the Contracting Party has an obligation to immediately take all possible steps to rescuethem and render them all necessary assistance. The Contracting Party must also inform the UNSecretary-General and the Launching Authority of the steps it is taking and the progress.The Launching Authority also may have obligations in this situation. If its assistancewould help to effect a prompt rescue or would contribute substantially to the effectiveness ofsearch and rescue operations, it is obliged to cooperate with the Contracting Party in the searchand rescue operations. The cooperation of the Launching Authority is subject to the direction andcontrol of the Contracting Party, but the Contracting Party is obliged to act in close andcontinuing consultation with the Launching Authority.The net result of the provisions is that both States have a duty to cooperate in the searchand rescue operation, while at the same time recognising that the Contracting Party must havedirection and control over the search and rescue operation because it has sovereignty over itsterritory.It should also be noted that there is no provision providing that the Launching Authoritywill bear the expenses incurred by the Contracting Party in the search and rescue operations.4. Search and Rescue on the high seas (Article 3)This provision applies when astronauts have alighted on the high seas (or in any place notunder the jurisdiction of any State). Contracting Parties that are in a position to do so shall, ifnecessary, extend assistance in search and rescue operations to assure the speedy rescue of theastronauts. Contracting Parties who render assistance are obliged to inform the LaunchingAuthority and the UN Secretary-General of the steps they are taking and their progress.This provision seems intended to provide that States with naval forces in or near thescene of an accident would render assistance if necessary. The provision would also apply tosearch and rescue operations in Antarctica. The phrase “have alighted” suggests that this article isnot intended to place an obligation on Contracting Parties to assist in search and rescue operationsin outer space or on the moon or other celestial bodies.