Electronic Proceedings - United Nations Office for Outer Space Affairs

was opened for signature on January 27, 1967 and entered into force on October 10 of thesame year. Needless to say that the 1967 OST became the most important source ofinternational space law, enjoying the widest acceptance by the international community fromamong all the UN space treaties. 8 The OST also became one of the outstanding law-makingtreaties of the contemporary international law as a whole, which significantly contributed toits progressive development and codification in the meaning of Article 13 of the UN Charter.Being honoured in practice by all States, it is possible to affirm that its principles are nowexplicitly or tacitly recognized by the international community as a whole, thus forming a partof general international law. By the OST, an attempt was made at finding a balancedcompromise between the common interests of all nations, the aims of humankind as a whole,and the interests of individual States as members of the world community and traditionalsubjects of international law.The OST includes a number of important elements which imposed the characteristicfeatures on the whole international space law of our times. It should be mentioned that thearchitects of the OST avoided making an explicit and perfect definition of the legal status ofthe new area. Instead, they agreed on the purpose and orientation of space activities by sayingthat “the exploration and use of outer space, including the Moon and other celestial bodies,shall be carried out for the benefit and in the interests of all countries, irrespective of theirdegree of economic or scientific development, and shall be the province of all mankind”.Furthermore, in its Article I the Outer Space Treaty also enshrined such significantprinciples as freedom in the exploration and use of outer space, freedom of scientificinvestigation in outer space and international cooperation in such investigation. It may be saidin this respect that in establishing the legal regime for outer space, the OST followed theexample of the legal regime of the high seas, which crystallized during centuries of strugglesand has been characterized by a series of “freedoms of the seas”. Moreover, it is hardlypossible to overestimate the value of the principle of non-appropriation of outer space,including the Moon and other celestial bodies, by any means. It must be emphasized that theprinciples of non-appropriation, as enshrined in Article II of the OST, relate to outer space asa whole, no exception having been admitted, and therefore no part of outer space, includingthe Moon or any other celestial body, can be exempted from the impact of this principle.Article III of the OST also has a fundamental meaning for the legal regime of outer spaceand activities developed in this area. In this provision the imperative of legality of activities inthe exploration and use of outer space – “in accordance with international law, including theCharter of the United Nations” – is spelled out. Moreover, the necessity of keeping thepeaceful character of such activities is emphasized “in the interest of maintaining internationalpeace and security and promoting international cooperation and understanding”. Thisprovision should be read in conjunction with the preambular paragraph of the Treaty in whichthe States Parties to this instrument express their desire “to contribute to broad internationalcooperation in the scientific, as well as the legal aspects of the exploration and use of outerspace for peaceful purposes”.In Article V, the OST has brought some principles concerning assistance to and rescue ofastronauts, protection of their life and health, as well as their safe return home. In carrying onactivities either in space or on celestial bodies, the astronauts of different nationalitiesthemselves have been obligated to render each other all possible assistance.8 The OST as well as the other space law documents were published in several editions by the UNOffice for Outer Space Affairs in a booklet, which is now called United Nations Treaties and Principleson Outer Space. See its latest edition in UN doc. ST/SPACE/11, United Nations, New York, 2002. TheOST is on p. 3 et seq. As of 12 April 2002, 97 States had ratified the OST and, moreover, 27 Stateshad signed it. See Report of the Legal Subcommittee on its forty-first session, held in Vienna, from 2 to12 April 2002, UN doc. A/AC.105/787, para. 28 on p. 6.13