INTRODUCTION

Nine years of negotiations in the U.N. Committee on the Peaceful Uses of Outer Space (COPUOS), countless travaux préparatoires, and vigorous drafting and re-drafting of an agreement to govern the activities of states on the Moon culminated in unanimous acceptance of the Moon Treaty by the U.N. General Assembly in 1979.

It was not until 1979 that the space powers, the Soviet Union and the United States, agreed on the inclusion of the Common Heritage of Mankind principle, a principle with language very favorable to the developing countries. Also, the agreement helped to "flesh out" many provisions of the subsequent, well-ratified Outer Space Treaty which had entered into force a decade earlier.

However, despite the noble efforts on the part of the delegates of COPUOS and the General Assembly, the Moon Treaty has since been ratified by only twelve states and signed by only four. This disappointing response has been the focus of this paper which attempts to present a more complete picture of the processes involved in bringing an international agreement for the Moon to fruition. This is an intricate task because of the many factors that influence the social and political processes of treaty negotiation. Since negotiating a treaty is an attempt to create a shared understanding, the choice of the "correct" lexicon is imperative for reaching international consensus.

The necessity for an exhaustive interpretation of the Moon Treaty is compounded when examining the terminology used in the treaty; even the negotiators complained about its deficiency in precise and single meanings. Treaty interpretation has traditionally been described as:

The duty of giving effect to the expressed intention of the parties, that is, their intention as expressed in the words used by them in the light of the surrounding circumstances (McNair, 1961).

Since all the possible situations which may arise under the Moon Treaty cannot be foreseen and have not been expressly provided for by the treaty, further interpretation has prompted this examination of the agreement's working papers (travaux préparatoires), U.N. resolutions, and the negotiating states' policy statements as well.

The international rules of treaty interpretation have been set out in Articles 31 and 32 of the Vienna Convention. Article 31 states that a treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose. Furthermore, Article 32 states that supplementary means of interpretation including travaux préparatoires and the circumstances of treaty's conclusion may be necessary 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.

Although the research of travaux préparatoires may play a major role in the interpretation of the Moon Treaty, it should be noted that the International Court of Justice (ICJ) has expressed skepticism about travaux préparatoires despite the fact that it has used them at times, usually to reinforce a reading arrived at on other grounds. McNair (1961) adds, however, that no litigant before an international tribunal can afford to ignore the preparatory work of a treaty; however, "he would probably err in making it a main plank in his argument."

Another source of difficulty when interpreting treaties with travaux préparatoires is the fact that delegates speaking different languages were compelled to attempt to arrive at one common meaning. However, some theorists of interpretation would say that every reading is a translation, between the author and the reader, and that translation in the international sense differs only by degree (Savory, 1957).

There is a clear-cut dichotomy of views as to the purpose of treaty interpretation. On one hand, the purpose of interpretation is to establish the "ordinary meaning" of the terms in the text. On the other hand, interpretation must ascertain the intention of the states parties to a treaty (Yambrusic, 1987). For a more comprehensive interpretation of the Moon Treaty, this paper relies on both views.

The inclusion of U.N. resolutions in the study, however, has been particularly problematic. Scholars continue to debate whether a resolution of the General Assembly is binding on every state, no state, or only on those states which voted for it. Most relevant to this research is the question of customary law which is binding on every state since the Moon Treaty has lacked universal acceptance. The traditional view insists that it takes practice, not speeches or votes, to make customary law, and that customary law cannot be made over any dissenting view.

This study, however, will assume that U.N. resolutions and other related documents concerned with the Outer Space Treaty are tantamount for the interpretation of the Moon Treaty as well as those resolutions related to the Moon Treaty itself. Legal theorists claim that not all resolutions and declarations adopted by the U.N. General Assembly should be used as evidence or an element of the process which creates general international law (Onuma, 2000). Yet, a number of important declarations concerning outer space can be construed as expressing the norms of general international law by their wording alone. They are far clearer and more elaborate in articulating the normative consciousness than verbal or nonverbal acts of the political organs of individual states. Onuma explains:

The legitimacy of "customary" law in terms of the global participation of states in the creation of global norms, transparency and the identification of sovereign will of nations, is far inferior to that of the general international law-creating process based on multinational treaties of a universal nature or the U.N. declarations.

Subsequent resolutions, events, and actions by states all combine with the Moon Treaty to help crystallize customary international law binding on all states. More importantly, the U.N. resolutions contribute to the overall process by which customary international law evolves.

The Vienna Convention's preamble states that the "principles of free consent and of good faith and the pacta sunt servanda rule are universally recognized." It follows that those states which have negotiated and voted for a particular provision concerning the Moon cannot act as if they had not done so. Also, those who do not agree with a resolution cannot wholly disregard the views of the majority. In sum, international diplomatic conferences such as the legal sub-committees of COPUOS have lead to resolutions which at a minimum have served as catalysts for the formation and crystallization of international customary law.

All of the following legal documents have been selected on the basis of the issues that were controversial and are introduced with a brief historical summary. Comparisons of the delegates' views on the issues at stake are formulated with content analysis, and factor mapping has been used for graphical representation. The Outer Space Treaty (1967) is not included in the compilation; however, it should be noted that the provisions of the generally accepted "Principles" treaty do apply to the Moon and other celestial bodies.

The history of the Moon Treaty normally begins with the first draft treaty covering the Moon and other celestial bodies submitted by Argentina in 1970 which was backed by Egypt, India, and the United States. As early as 1966, however, U.S. Ambassador Goldberg was instructed by President Lyndon B. Johnson to begin a dialogue at the United Nations for an international agreement for the Moon and other celestial bodies. Although this foreshadows the Outer Space Treaty (1967), it should be remembered that on February 3rd, 1966, the Soviet Union's Luna 9 had made the first "soft" landing on the Moon, and the U.S. would not make its first lunar landing for four more months.

During this time frame the space race to the Moon was escalating. There were questions whether the Russians would use their "soft" landing to claim ownership on the Moon, and U.S. officials feared that the Soviets might gain a military advantage by claiming Sun Tzu's "higher grounds." Also, the U.S. was interested in slowing down the expensive Apollo program due to the expense of its war efforts in Vietnam. In fact, President Johnson was advised, despite NASA opposition, to proceed with an outer space agreement for two reasons:

1. Moving toward a more cooperative relation with the USSR in this field would reinforce the American over-all policy toward the Soviets, and

2. More importantly: It would save money, which could go to (a) foreign aid, and (b) domestic purposes - thus mitigating the political strain of the war in Vietnam.

Document 1: U.S. Mission to the United Nations
Press Release No. 4914, Sept. 19, 1966

In 1966 President Lyndon B. Johnson instructed U.S. Ambassador Goldberg to create a dialogue at the United Nations on the following proposed articles for an international agreement for the Moon and other celestial bodies. President Johnson stated: "Just as the United States is striving to help achieve peace on earth, we want to do what we can to insure that exploration of the and other celestial bodies will be for peaceful purposes only. We want to be sure that our astronauts and those of other nations can freely conduct scientific investigations of the . We want the results of these activities to be available for all mankind." Analyzing such first attempts at creating a legal regime for the Moon is important for pinpointing the initial motivation of the states involved as well as the controversies that will arise chronologically as the agreement for the Moon is drafted from 1970 to 1979.

ARTICLES:

1. The Moon and other celestial bodies should be free for exploration by all in accordance with international law.

2. Celestial bodies should not be subject to any claim of sovereignty.

3. There should be freedom of scientific investigation, and all countries should cooperate in scientific activities relating to celestial bodies.

4. A State conducting explorations on celestial bodies should be assured.

5. Open access to all areas of celestial bodies should be assured.

6. Celestial bodies should be used for peaceful purposes only. No country should be permitted to station weapons of mass destruction on a celestial body. Military fortifications, weapons tests, and military maneuvers should be forbidden.

7. A launching state should be entitled to exercise authority over its facilities on a celestial body and persons participating in its activities there.

8. Ownership of objects landed, constructed or used on a celestial body should be retained by the launching state.

9. Astronauts of one country should render assistance to other astronauts as may be required by circumstances.

10. States should pursue studies and take appropriate steps to avoid harmful contamination.

11. Consideration should be given to a provision for the settlement of any disputes that might arise.

Document 2: Argentina's Proposal
Presented by Dr. Aldo Armando Cocca, July 3, 1970

On July 3, 1970, the delegate from Argentina, Dr. Aldo Armando Cocca, proposed a "a draft agreement on the principles governing activities for the use of the natural resources of the Moon and other celestial bodies. Textual analysis of the U.S. proposal and the Argentinian proposal reveal several issues that will be discussed throughout the negotiations: (1) the principle of "common heritage" and (2) the regulation of the use of natural resources. The following articles proposed by Argentina will also be compared with the initial U.S. submission to highlight major differences.

PREAMBLE

The States Parties to this Agreement, Bearing in mind that activities in the use of the natural resources of the Moon have begun, Reaffirming that mankind has a common interest in promoting the use of outer space, including the Moon and other celestial bodies, for peaceful purposes, Considering that the Treaty of 27 January 1967 does not establish regulations specifically for activities in the use of the natural resources of the Moon and other celestial bodies, Believing that it is necessary to complete the provisions of that Treaty with respect to the legal system for activities in the use of such resources, Bearing in mind the benefits to be obtained from the prompt establishment of principles for their use of the natural resources of the Moon and other celestial bodies by means of a general agreement within the framework of the 1967 Treaty, Recalling that the use of outer space must be for the benefit and in the interest of all countries, and shall be the province of mankind, Have agreed on the following:

ARTICLES:

1. The natural resources of the Moon and other celestial bodies shall be the common heritage of all mankind.

2. All substances originating in the Moon or other celestial bodies shall be regarded as natural resources.

3. The legal system applicable to natural resources used in their place of origin shall be distinct from that applicable to those brought to Earth for use.

4. The benefits obtained form the use of the natural resources of the Moon and other celestial bodies shall be made available to all peoples without discrimination of any kind.

5. In distributing such benefits, account shall be taken of the need to promote the attainment of higher standards of living and conditions of economic and social progress and development, pursuant to article 55a of the Charter of the United Nations, in the light of the interests and requirements of the developing countries and the rights of those undertaking these activities.

ANALYSIS

Textual analysis of the U.S. and Argentine proposals reveals important issues that arose from 1966 to 1970 which will be addressed throughout the Moon Treaty negotiations. "Peaceful" purposes and international "cooperation" are shared goals of the proposals as illustrated by the occurrence of the terms in the central area of the above factor map. The addition of "other celestial bodies" will be later debated at great length; however, it should be noted that the scope of the final draft will include the Moon and "other celestial bodies."

The issues exclusive to the early U.S. proposal are those of military prohibitions, environmental concerns, claims of sovereignty and ownership, freedom of access, assistance to other astronauts, and the freedom of exploration and scientific investigation. These issues can be explained considering the impending U.S. mission to the Moon in 1969. Not only will the refusal of claims of sovereignty and ownership be outlined in the treaty, but subsequent action by space powers on the Moon will also adhere to these provisions and thus enhance customary law by such practice. Although claims of ownership are negated, however, the U.S. proposal does claim authority of states over their own facilities and personnel on the Moon. This idea will also be discussed later in the negotiations to assure that any facilities attached to the surface of the Moon will not induce a right to the ownership of the adjoining surface or subsurface. Although, freedom of access is granted to "all areas of celestial bodies," this issue will also be elaborated to include access to all facilities on the lunar surface with the call for greater transparency of all activities by states on the Moon.

The prohibition of weapon testing, use of weapons of mass destruction, and military maneuvers reiterates the Soviet and U.S. interest in the peaceful uses of the Moon; however, the Argentine proposal does not elaborate on this subject in detail. Environmental concern will be developed further to avoid contamination of the lunar environment as well as that of the Earth. The provision for assistance to other astronauts will be covered in detail in a later treaty.

The issue of natural resources arises in the Argentine proposal whereas the U.S. proposes puts emphasis on scientific investigation with cooperation by all countries. The Argentine proposal goes one step further to address the resource issue by proposing that "all substances originating on the Moon and other celestial bodies be regarded as natural resources." Argentina argues that these resources should require a separate legal regime distinct from any applicable regime for resources brought to Earth. Also, their benefits should be made available to "all peoples without discrimination" for progress and development; Argentina thus takes the developing countries into consideration.

Such concern for the developing countries highlights Dr. Cocca's statement that the Moon and other celestial bodies shall be the "common heritage of mankind." Although the Outer Space Treaty (1967) refers to outer space as the "province of mankind," it does not establish any regulations for activities related to the exploitation or use of any natural resources. Recalling Article 55 of the United Nations Charter, Argentina proposes that the use of such resources should be directed towards promoting higher standards of living with the interests of the developing countries in mind. It is important to note that the principle of the "common heritage of mankind" will be the primary cause of the prolonged negotiations from 1970 to 1979 for the Moon Treaty.

Document 3: U.S.S.R. Request for the Inclusion of an Item in the Provisional Agenda for the Twenty-Sixth Session of the United Nations
May 27, 1971

Less than a year after the seminal Argentine proposal for the Moon, the following letter requesting the "Preparation of an International Treaty Concerning the Moon" from the Soviet Minister for Foreign Affairs Gromyko was addressed to the Secretary-General. The General Assembly's response will be Resolution 2779, XXVI on November 29, 1971 which will only make note of the Soviet submission and which will call for renewed negotiations for a Moon agreement.

On instructions from the Government of the Union of Soviet Socialist Republics I would request the inclusion of an item in the agenda of the twenty-sixth session of the General Assembly of the United Nations entitled "Preparation of a treaty concerning the Moon."

In recent years major new advances have been made in space research. On the basis of modern science and technology, extensive research programmes relating to the Moon are being undertaken. The missions of the United States astronauts and the experiments conducted by the U.S.S.R. with the help of Lunokhod-1 and other automatic devices have opened up new prospects for mankind in the exploration of the Moon. These achievements will promote the further expansion of activities by States on the Moon.

At all stages of space exploration, the Soviet Union has invariably advocated the progressive development of international law on outer space in the interests of all peoples. Establishing a solid international legal basis for the activities of States in outer space serves the cause of peace and helps to strengthen mutual understanding and co-operation among States. It will be recalled that it was the initiative of the Soviet Union which led to the conclusion of the Treaty on the Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, and the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space.

The Soviet Union is of the opinion that steps should be taken now towards the activities of States on the Moon. As the Earth's only natural satellite, the Moon has an important role to play in the conquest of outer space and it should be used exclusively in the interests of peace and for the benefit of all mankind. It is essential that the activities of States on the Moon should not be allowed to become a source of international conflict and that a legal basis should be established for potential uses of the Moon. The conclusion of an appropriate international treaty would serve this purpose.

I am transmitting to you a draft Treaty concerning the Moon, which is based on generally accepted rules of international law, including the Charter of the United Nations and agreements relating to outer space concluded earlier. It contains the following basic provisions:

1. The exploration and use of the Moon are to be carried out with due regard to the interests of present and future generations.

2. In accordance with the principles of the Charter of the United Nations, the threat of use of force or any other hostile activities on the Moon as well as the use of the Moon to carry out such activities in relations to the Earth are prohibited.

3. The prohibition against the installation on the Moon of nuclear weapons and other weapons of mass destruction and against any other activities involving the use of the Moon for military purposes is reaffirmed.

4. The Moon is to be explored and used by means which ensure that any adverse changes or contamination of the lunar environment are avoided.

5. The surface and subsoil of the Moon cannot become the property of States, international intergovernmental or non-governmental organizations, national organizations or juridical or natural persons.

6. States Parties are to take all possible steps to safeguard the life and health of any man on the Moon.

A treaty based on the above principles would be an important contribution to the formation and development of international space law. The conclusion of such a treaty would promote the further elaboration of rules of international law relating to the activities of States in the exploration of celestial bodies.

The Government of the Union of Soviet Socialist Republics trusts that at its twenty-sixth session of the General Assembly will give due attention to the item "Preparation of a treaty concerning the Moon."

Since the United Nations Committee on the Peaceful Uses of Outer Space and its Legal Sub-committee are to hold sessions before the opening of the twenty-seventh session of the General Assembly, I would ask you to bring the Soviet draft Treaty concerning the Moon to the attention of those bodies.

I would request to you, Sir, to regard this letter as an explanatory memorandum under rule 20 of the rules of procedure of the General Assembly and to circulate it, together with the text of the draft Treaty, as an official document of the United Nations.

(Signed)
A. Gromyko
Minister for Foreign Affairs of the Union of Soviet Socialist Republics

ANALYSIS

When analyzing the U.S.S.R draft treaty in relation to the initial U.S. and Argentine initiatives, "peaceful uses" of outer space and international "cooperation" remain the shared goals. However, in contrast, the U.S.S.R. omits any reference to expanding the scope of the Moon treaty to other celestial bodies and restricts the scope to the Moon and its "circumlunar" orbits. Notice that graphically the term "celestial" is shared only by Argentina and the U.S.

The U.S.S.R. and Argentine proposals also share the term "mankind." However, the Argentine proposal refers to the common heritage of mankind (CHM) principle with benefits in particular for the developing countries ; whereas, the U.S.S.R. only provides that the "conquest" of space should be used for the benefit of mankind without further discussion of the scope of the CHM principle. In fact, the U.S.S.R. will dispute any inclusion of CHM until consensus is finally reached in 1979. Both the U.S.S.R. and Argentina have directed the readers' attention to the Charter of the United Nations; Argentina refers to the Charter's articles to promote higher standards of living whereas the U.S.S.R. refers to its articles concerning the threat of force.

The Soviet preoccupation with the prohibition of the threat of force reiterates the U.S. position; however, it includes the prohibition of the installation of nuclear weapons on the Moon. The U.S.S.R. also introduces the phrase "to prevent conflict" which will later be incorporated in the Moon Treaty's preamble. In addition, the U.S. and U.S.S.R. both share concerns for the lunar environment.

Of particular interest in the U.S.S.R. proposal are the issues of safeguarding the life and health of any person on the Moon and the question of ownership on the Moon. Safeguarding life and health of "any man" on the Moon coincides with the U.S. concern for rendering assistance to astronauts.

Ownership at this time, however, becomes an issue of great debate from this point forward. The Soviet proposal states: "The surface and the subsoil of the Moon cannot become the property of States, international intergovernmental or non-governmental organizations, national organizations or juridical or natural persons." Therefore, the U.S.S.R. provisions negate the ambiguous common heritage principle since portions of the surface or subsurface of the Moon cannot be the object of civil law transactions-grant, exchange, transfer, sale or purchase, lease, hire and so forth. In other words, the Moon belongs to no one. In Article V of the Soviet draft treaty which follows, the delegates propose: "States Parties may pursue their activities in the exploration and use of the Moon anywhere on the surface of the Moon, in its subsoil or in circumlunar space."

Document 4: U.S.S.R. Draft Treaty Concerning the Moon
June 4, 1971

The U.S.S.R. draft treaty introduces terminology for the scope of the agreement, the notion of transparency, and further conditions for governing the use of natural resources.It is at this point where the difficulty of attaining consensus was encountered. Any state could block consensus by continuing the debate on any of these issues. Analysis of the drafts following the U.S.S.R. draft will highlight the major political and philosophical differences among the states with respect to the new regime for the Moon and other celestial bodies. The Soviet opposition to any treaty proposals concerning commercial exploitation of the Moon's resources is apparent in Article VIII (2). Also, the Soviet draft will not include any reference to the CHM principle.

PREAMBLE:

The States Parties to this Treaty, Noting the gains made by States in the exploration of the Moon, Recognizing that the Moon as the only natural satellite of the Earth, has an important role to play in the conquest of outer space, Desiring to prevent the Moon from becoming a scene of international conflict, Determined to promote the further development of co-operation among States in the exploration and use of the Moon and its subsoil and of circumlunar space, Recalling the provisions of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, and the provisions of the Agreement on the Rescue of Objects Launched into Outer Space, Taking into account the need to define and develop the provisions of these international instruments in relation to the Moon with a view to further progress in the conquest of outer space, Have agreed on the following:

ARTICLE I:

1. States Parties shall pursue their activities on the Moon and in circumlunar space in accordance with international law, including the Charter of the United Nations.

2. In accordance with the principles of the Charter of the United Nations, the use of force in any form or the threat of force, as well as any other hostile actions or threat of such actions, shall be prohibited on the Moon. The use of the Moon to commit any of the aforementioned actions in relation to the Earth or space objects shall also be prohibited.

ARTICLE II:

1. The Moon shall be used by all States Parties exclusively for peaceful purposes.

2. States Parties undertake not to place in orbit around the Moon any objects carrying nuclear weapons or any other kinds of weapons of mass destruction or to install such weapons on the surface of the Moon or its subsoil.

3. The establishment of military bases, installations and fortifications, the testing of any type of weapons and the conduct of military maneuvers on the Moon shall be prohibited.

ARTICLE III:

1. States Parties shall strive to co-operate in matters relating to activities on the Moon. Such co-operation may be on either a multilateral or a bilateral basis.

2. Each State Party shall engage in the exploration and use of the Moon with due regard to the interests of present and future generations and with respect for the rights of other States Parties as specified in this Treaty.

3. A State Party which has reasons to believe that another State Party is violating its obligations under this Treaty may request consultations between the States Parties concerned.

ARTICLE IV:

1. States Parties shall explore an use the Moon by reasonable means avoiding the disruption of the existing balance of the lunar environment.

2. States Parties shall explore and use the Moon in such a way as to prevent adverse changes in the lunar environment and its contamination through the introduction of extralunar matter. Where necessary, consultations shall be held between the States Parties concerned.

ARTICLE V:

1. States Parties may pursue their activities in the exploration and use of the Moon anywhere on the surface of the Moon, in its subsoil or in circumlunar space.

2. For these purposes States Parties may, in particular: land their space objects on the Moon, launch them from the Moon and place them in circumlunar orbit; dispose their vehicles, equipment and personnel anywhere on the surface of the Moon, in its subsoil or in circumlunar space. Vehicles and personnel of States Parties may move freely over the surface of the Moon, through its subsoil or in circumlunar space.

3. Actions of States Parties in accordance with paragraphs 1 and 2 of this article should not interfere with the activities of other States Parties on the Moon. Where such interference may occur, the States Parties concerned shall undertake consultations.

ARTICLE VI:

1. States Parties may establish both manned and unmanned stations on the Moon.

2. Stations shall be installed in such a manner that they do not impede the free access of vehicles and personnel of other States Parties pursuing activities on the Moon to all areas of the Moon, as provided for in article I of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies.

ARTICLE VII:

1. States Parties undertake to adopt all practicable measures to safeguard the life and health of men on the Moon. For this purpose they shall regard any person on the Moon as an astronaut within the meaning of the article V of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, and as part of the personnel of a spacecraft within meaning of the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, irrespective of the duration of the stay of such person on the Moon, the place where he is situated on the Moon, his formal membership of the crew of a spacecraft and other similar circumstances.

2. It shall be the duty of States Parties to offer shelter in their stations, vehicles, installations or other facilities to persons to distress on the Moon who are part of the personnel of other States Parties.

3. In pursuing activities on the Moon, States Parties shall take the necessary steps to exchange information on any phenomena they discover in outer space, including the Moon and other celestial bodies, which could endanger the life or health of men on the Moon, as well as information on any signs of organic life.

ARTICLE VIII:

1. Neither States, international intergovernmental or non-governmental organi-zations and national organizations having the status of juridical persons or not, not natural persons, may claim the surface or subsoil of the Moon as their property. The emplacement of vehicles or equipment on the surface of the Moon or in the subsoil thereof, including the construction of installations integrally connected with the surface or subsoil of the Mon, shall not create a right of ownership over portions of the surface or subsoil of the Moon.

2. Portions of the surface or subsoil of the Moon may not be the object of concession, exchange, transfer, sale or purchase, lease, hire, gift or any other arrangements or transactions with or without compensation between States, international intergovernmental and non-governmental organizations or national organizations having the status of juridical persons or not, or arrangements or transactions between natural persons.

ARTICLE IX:

1. In accordance with article VIII of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space including the Moon and Other Celestial Bodies, States Parties shall retain ownership of articles of their property delivered to the surface of the Moon or to circumlunar space, including structures, vehicles and equipment.

ARTICLE X:

1. A State Party which learns of the crash landing, forced landing or other unintended landing on the Moon of a space object that does not belong to it, or the crash of component parts of such an object shall inform the State Party to which the space object or component parts belong, and the Secretary-General of the United Nations.

ARTICLE XI:

1. In addition to the provision of article VII of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, a State Party shall be liable for damage resulting from its act or omission of its personnel on the Moon to the property or personnel of other States Parties on the Moon, unless it is established that the damage occurred through no fault of the said State or its personnel on the Moon.

ARTICLE XII:

1. This Treaty shall be open to all States for signature. Any State which does not sign this Treaty before its entry into force in accordance with paragraph 3 of this article may accede to it at any time.

2. This Treaty shall be subject to ratification by signatory States. Instruments of ratification and instruments of accession shall be deposited with the Governments of …, which are hereby designated the Depositary Governments.

3. This Treaty shall enter into force upon the deposit of instruments of ratification by five Governments including the Governments designated as Depositary Governments under this Treaty.

4. For States whose instruments of ratification or accession are deposited subsequent to the entry into force of this Treaty, it shall enter into force on the date of the deposit of their instruments of ratification or accession.

5. The Depositary Governments shall promptly inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification of an accession to this Treaty, the date of its entry into force and other notices.

6. This Treaty shall be registered by the Depositary Governments pursuant to Article 102 of the Charter of the United Nations.

ARTICLE XIII:

1. Any State Party to the Treaty may propose amendments to this Treaty. Amendments shall enter into force for each State Party to the Treaty accepting the amendments upon their acceptance by a majority of the States Parties to the Treaty and thereafter for each remaining State Party to the Treaty on the date of acceptance by it.

ARTICLE XIV:

1. Any State Party to the Treaty may give notice of its withdrawal from the Treaty one year after its entry into force by written notification to the Depositary Governments. Such withdrawal shall take effect one year from the date of receipt of this notification.

ARTICLE XV:

1. This Treaty, of which the Chinese, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the Depositary Governments. Duly certified copies of this Treaty shall be transmitted by the Depositary Governments to the Governments of the signatory and acceding States.

2. In Witness Whereof the undersigned, duly authorized, have signed this Treaty.

3. Done in…, at the cities of…, the … day of … on Thousand nine hundred and seventy-….

Document 5: RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY2779 (XXVI).
Preparation of an international treaty concerning the Moon

On November 29, 1971 the United Nations recognized the preceding draft treaty concerning the Moon which was submitted by the delegation of the Union of the Soviet Socialist Republics. The resolution only takes note of the draft, and calls for further debate and elaboration of provisions for a treaty for the Moon. Although it makes no mention of the "common heritage" principle, it does call for special rules to govern the use and exploitation of lunar resources.

The General Assembly,

Recalling its resolution 2222 (XXI) of 19 December 1966 stressing the importance of international co-operation in the field of activities in the peaceful exploration and use of outer space, including the Moon and other celestial bodies, and the importance of developing the rule of law in this area of human endeavour,

Reaffirming the common interest of all mankind in furthering the peaceful exploration and use of outer space for the benefit of all States and for the development of friendly relations and mutual understanding among them,

Taking into account the advances made in recent years in the exploration of outer space, including those resulting from extensive lunar research programmes on the basis of modern science and technology,

Bearing in mind the interest of all mankind in the exploration and utilization of the Moon exclusively for peaceful purposes and in preventing the Moon from becoming a scene of international conflict,

Prompted by the consideration that the Moon, as the only natural satellite of the earth, has an important role to play in the conquest of outer space and that it should be used with due regard to the interests of present and future generations,

Desiring to further the elaboration of specific rules of international law to govern the activities of States on the Moon on the basis of the Charter of the United Nations and the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, as a means of further developing a sound legal basis for such activities,

Considering that special rules should also govern activities in the use of all natural resources and substances of the Moon and other celestial bodies,

1. Takes note of the draft treaty concerning the Moon submitted by the delegation of the Union of the Soviet Socialist Republics;1

2. Requests the Committee on the Peaceful Uses of Outer Space and its Legal Sub-Committee to consider, as a matter of priority, the question of the elaboration of a draft international treaty concerning the Moon in accordance with the recommendations contained in paragraph 38 of the report of the Committee2 and to report to the General Assembly at its twenty-seventh session.

Document 6: U.S. Policy Proposal
Herbert Reis, U.S. Representative to Legal Subcommittee May 3, 1972

The main objection found in the U.S. policy statement of the U.S.S.R. draft is the scope of the agreement. The U.S. proposes the addition of "other celestial bodies" to its scope and a future conference "in the event of the discovery of commercially exploited resources." This future conference will be formally introduced in the final Moon Treaty (1979). The U.S. reiterates the importance of the "common heritage" doctrine which has been ignored by the U.S.S.R. delegation. It could also be argued that the U.S. was encouraged by the Soviet suggestion that the Moon should only be used for peaceful uses. Its interest in arms control was presented in its own draft treaty one year after the Soviet draft. The fact that the U.S. submitted its own draft, however, is indicative of the mistrust created by the Cold War.

On the broadest level of generality, it seems right to state that such resources are part of the "common heritage of all mankind." This would parallel the policy proposed by President Nixon two years ago this month that all nations should regard the resources of the seabed lying beyond the point where the high seas reach a depth of 200 meters as the common heritage of mankind. On the other hand we should not want to preclude in any way the use of natural resources of celestial bodies for scientific investigation; U.S. activities in returning lunar samples and in sharing them with scientific institutions around the world are well known, as are the Soviet Lunokhod returns and exchanges. We would also want to be careful to ensure that celestial bodies resources may be used where found for supporting life systems as, for example, in uses by astronauts of liquids or gases of a particular celestial body. Finally, we would need to contemplate a special treaty-drafting conference in the event of the discovery of commercially exploitable resources. At such a conference participants would need to bear in mind not only common goals of economic advancement but the need to encourage investment and efficient development as well.

Document 7: U.S. Working Papers 1-26
Revision 1, Proposed Articles Submitted to the Legal Subcommittee April 17, 1972

Review of the U.S. working papers reveals the growing importance of the "common heritage" doctrine, the need to increase the scope to include "other celestial bodies" which includes "orbits around or other trajectories to or around celestial bodies," and the question of transparency. The papers held that states must be informed in advance of any launch, its purpose, duration, location, and results of the mission. Key words of main issues addressed in each article are added here in [brackets]. It should be noted that articles pertaining to the "prohibition of the use of force or threat thereof" duplicate provisions of the Outer Space Treaty. No objections to these constraints were ever found in any working papers or debate for any draft agreement for the Moon.

PREAMBLE

The States Parties to this Treaty, Noting the gains made by States in the exploration and use of the Moon and other celestial bodies, Desiring to prevent the Moon and other celestial bodies from becoming the scene of international conflict and to promote the further development of international co-operation in their exploration and use, Recalling the provisions of the Treaty on the Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, the Agreement on the Rescue of Astronauts, Return of Astronauts and the Return of Objects Launched into Outer Space, and the Convention on International Liability for Damage Caused by Space Objects, Taking into account the need to define and develop the provisions of these international instruments in relation to activities on the Moon and other celestial bodies with a view to further progress in the exploration and use of outer space, Have agreed on the following:

ARTICLE I: [International law, use or threat of force, self-defense]

1. States Parties to the Treaty shall carry out their activities on the moon and other celestial bodies consistent with international law, including the Charter of the United Nations and other treaties in force.

2. States parties shall refrain from the use of threat of force or any other hostile act or threat of hostile act on the moon and other celestial bodies except in the exercise of the inherent right of individual or collective self-defense in accordance with Article 51 of the Charter. States Parties shall not use the moon or other celestial bodies to commit any such act or to engage in any such threat in relation to the earth, the moon or other celestial bodies, spacecraft, the personnel of spacecraft or man-made space objects.

ARTICLE II: [Peaceful purposes, nuclear weapons, military prohibitions]

1. The moon and other celestial bodies shall be used by all States Parties exclusively for peaceful purposes.

2. States Parties shall not place in orbit around or other trajectory to or around the moon or other celestial bodies or on such bodies objects carrying nuclear weapons or any other kinds of weapons of mass destruction or install, emplant or emplace such weapons on or in the moon or other celestial bodies.

3. The establishment of military bases, installations and fortifications, the testing of any type of weapons and the conduct of military manoeuvres on the moon and other celestial bodies shall be forbidden. The use of military personnel for scientific research or for any other peaceful purposes shall not be prohibited. The use of any equipment or facility necessary for peaceful exploration and use of the moon and other celestial bodies shall also not be prohibited.

ARTICLE III: [Freedom of scientific investigation, international cooperation, exchange of personnel, transparency, access, consultations]

1. There shall be freedom of scientific investigation on the moon and other celestial bodies, and States shall facilitate and encourage international co-operation in such investigation.

2. International co-operation may take place by such means as multilaterally, through international intergovernmental organizations or bilaterally.

3. States Parties shall engage in the exploration and use of the moon and other celestial bodies with due regard to the interests of present and future generations and with respect for the rights of other States Parties specified in this Treaty and other treaties in force.

4. States Parties agree on the desirability of exchanging scientific and other personnel on expeditions to or installations on the moon or other celestial bodies to the greatest extent feasible and practicable.

5. Well in advance of launching, but in any event not later than 60 days before launching, States Parties intending to conduct activities on the moon or other celestial bodies shall inform the Secretary-General of the United Nations, as well as the public and the international scientific community, of the planned time frame of launching, purposes of the mission, intended locations of the mission and, in due course, of the nature conduct, locations, and results of the mission. The Secretary-General of the United Nations shall disseminate such information, as well as other information transmitted to him under this Treaty, immediately and effectively.

6. If a States Party becomes aware that another State Party plans to operate simultaneously in the same area of or in the same orbit around or trajectory to or around the moon or other celestial body. It shall promptly inform the other State and the Secretary-General of the timing of any plans for its own operations.

7. States Parties undertake to report to other States Parties and to the Secretary-General on areas of the moon and other celestial bodies having special scientific interest with a view to the possible establishment in those areas of scientific preserves whose exploration and use should be subject to conditions to be agreed.

8. All stations, installations, equipment and space vehicles on the moon and other celestial bodies shall be open to representatives of other States Parties on a basis of reciprocity. Such representatives shall give reasonable advance notice of a projected visit in order that appropriate consultations may be held and that maximum precautions may be taken to assure safety and to avoid interference with normal operations in the facility to be visited.

9. A State Party which has reason to believe that another State Party is not fulfilling its obligations or is interfering with the rights of other States Parties under this Treaty may request consultations between the States Parties concerned. A State Party receiving a request for such consultations shall enter into such consultations without delay. Each State Party participating in such consultations shall seek a mutually acceptable resolution of any controversy and shall bear in mind the rights and interests of all States Parties. The Secretary-General shall be informed of the results of any such consultations. Any State Party may, at any time and without seeking the consent of other States Parties concerned, seek the assistance of the Secretary-General of the United Nations in resolving any such controversy.

ARTICLE IV: [Scope of the treaty]

1. As employed in this Treaty: (i) The term "celestial body" includes all natural celestial bodies other that the Earth. (ii) The phrase "the moon and other celestial bodies" includes orbits around other trajectories to or around celestial bodies.

ARTICLE IV: [Adverse changes to environments, reporting]

1. States Parties shall explore and use the Moon and other celestial bodies in a reasonable manner so as to minimize the disruption of the existing balance of their environments whether by introducing adverse changes in such environments, their harmful contamination through the introduction of extra-environmental matter of otherwise.

2. States Parties planning missions to the Moon and other celestial bodies shall notify the Secretary-General of measures being adopted to minimize the disruption of the existing balance of the environments of those bodies. Such reports shall include the trajectories to be flown, the distance of closest approach, and specific measures taken to control micro-organisms on and in the spacecraft.

3. States Parties shall notify the Secretary-General of plans to place radioactive material on or in orbit or other trajectory around the Moon or other celestial bodies and shall give similar notification with regard to the conditions and effects of such placement when it occurs.

ARTICLE V: [Freedom of landing and movement, avoidance of interference]

1. States may pursue their activities in the exploration and use of the Moon and other celestial bodies anywhere on the surface of such bodies, below their surface and in space around them.

2. For these purposes States Parties may, in particular: (a) Land their space objects on the Moon and other celestial bodies, launch them from such bodies and place them in orbit around or in other trajectory to or around them;
(b) Dispose their vehicles, equipment and personnel on the surface of the Moon and other celestial bodies, below their surface and in space around them.

3. States Parties acting in accordance with paragraphs 1 and 2 of this Article shall take to avoid interfering with the activities of other States Parties on the Moon or other celestial bodies.

ARTICLE VI: [Non-interference with freely established stations]

1. States Parties may establish both temporary and permanent, manned and unmanned stations on the Moon and other celestial bodies. A State Party establishing a station shall limit the area used to that which is reasonably required for the needs of the station and shall, at annual intervals, inform the Secretary-General whether, and in what manner, the stations continues in use.

2. States shall be installed in such a manner that they do not impede the free access of vehicles an personnel of other States Parties conducting activities on the Moon and other celestial bodies in accordance with this Treaty or the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies.

ARTICLE VII: [Rescue and return of astronauts, shelter, reporting]

1. States Parties shall adopt all practicable measures to safeguard the life and health of persons on the Moon and other celestial bodies. For this purpose they shall regard any person on the Moon or other celestial body as an astronaut within the meaning of the Article V of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, and as part of the personnel of a spacecraft within the meaning of the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Space Objects Launched into Outer Space, irrespective of the duration of the stay of such person on the Moon or other celestial body, the place where such person is located, formal membership of the crew of a spacecraft or other circumstances.

2. States Parties shall offer shelter in their stations, installations, vehicles and other facilities to persons in distress on the Moon or other celestial bodies.

3. States Parties shall inform the Secretary-General, as well as the public and the international scientific community, of any indications of organic life and of any phenomena they discover in outer space, including the Moon and other celestial bodies, which could endanger human life or health.

ARTICLE VIII: [Natural resources]

1. The natural resources of the Moon and other celestial bodies shall be the common heritage of all mankind.

2. States Parties may use appropriate quantities of the resources of the Moon and other celestial bodies in carrying out scientific investigations in furtherance of the provisions of this Treaty, whether for supporting scientific investigation on the Moon or other celestial bodies or by removing such resources to the Earth for analysis or analyzing them in space or on the Moon or other celestial bodies.

3. The States Parties to this Treaty, bearing in mind the need for economic advancement and for the encouragement of investment and efficient development if utilization of the resources of the Moon and other celestial bodies becomes a reality, recognize the importance of concluding agreements in this area. To this end, the Depository Governments shall promptly convene a meeting of all States Parties, with a view to negotiation arrangements for the international sharing of the benefits of such utilization when one third of the States Parties inform the Depository Governments that they consider that practical utilization of the resources of the Moon or other celestial bodies is likely to begin within two years following or has already begun.

ARTICLE IX: [Ownership of vehicles, emergency use]

1. States Parties shall retain ownership, jurisdiction and control over their personnel, vehicles, equipment, facilities, stations and installations on the moon and other celestial bodies. Ownership of such facilities is not affected by their presence on the moon or other celestial body or elsewhere in outer space or by their return to the earth. Such facilities or their component parts found in places other than their intended location shall, in accordance with the provisions of the Agreement on Assistance to Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, be returned to the State Party owning them.

2. A State Party may use the property of other States Parties on the moon or other celestial bodies in the event of an emergency involving a threat to human life and shall promptly notify the Secretary-General of such use.

ARTICLE X: [Accident reporting]

1. A State Party which learns of the crash landing, forced landing or other unintended landing on the moon or other celestial body of a space object that does not belong to it, or the crash of component parts of such an object shall inform the State Party to which the space object or component parts belong, and the Secretary-General of the United Nations.

ARTICLE XI: [NGO's and IGO's]

1. States Parties to the Treaty shall bear international responsibility for national activities on the moon and other celestial bodies where such activities are carried on by governmental agencies or by non-governmental entities, and for assuring that national activities are carried out in conformity with the provisions set forth in the present Treaty. The activities of non-governmental entities on the moon and other celestial bodies shall require authorization and continuing supervision by the appropriate State Party.

2. With the exception of Articles __ to __ references in this Treaty to States shall be deemed to apply to any international intergovernmental organization which conducts space activities if the organization declares its acceptance of the rights and obligations provided for in this Treaty and if a majority of the States members of the organizations are States Parties to this Treaty and to the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies. States members of any such organizations which are States Parties to this Treaty shall take all appropriate steps to ensure that the organization makes a declaration to accordance with the foregoing.

ARTICLE XII: [Interpretation and recourse to other space treaties]

1. In the event of any differences arising with regard to the interpretation or application of the provisions of this Treaty, reference shall be made where appropriate to the provisions of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, the Agreement on the Rescue of Astronauts, the Return of Astronauts, and the Return of Objects Launched into Outer Space, and the Convention on International Liability for Damage Caused by Space Objects.

Document 8: Egypt and India Working Paper
Proposed Article VIII on Natural Resources, April 11, 1972

The importance of inserting the Egyptian and Indian working papers in this collection is two-fold. Primarily the papers reflect the growing acceptance of the "common heritage" doctrine. Moreover, they also introduce the concept of "sharing" of the benefits. Secondly, these papers highlight the ideological and geopolitical conflicts between the U.S. and the U.S.S.R as well as the North and the South. The U.S.S.R. will becoming increasingly isolated with its opposition to the CHM principle and the U.S. will become more aligned with the South on this issue.

ARTICLE VIII: (i) The Moon [and other celestial bodies] and their natural resources shall be the common heritage of all mankind.

(ii) The exploration and use of the Moon [and other celestial bodies] and their natural resources shall be carried out in the interest of mankind as a whole and the benefits arising there from shall be made available to all peoples without discrimination of any kind.

(iii) In the distribution of such benefits account shall be taken of the need to promote the higher standards of living and conditions of economic and social progress and development, pursuant to Article 55(a) of the Charter of the United Nations, in the interests and requirements of the developing countries.

Document 9: U.N. Draft Treaty Relating to the Moon
[On which work should be pursued as a matter of priority] May 4, 1972

The Legal Subcommittee of COPUOS placed [square brackets] around concepts where no agreement had yet been reached for a draft treaty for the Moon. This enabled delegates to quickly pinpoint the provisions which required further discussion before consensus could be reached. The U.N. draft thus represented consensus on all issues except those found in brackets. At the Subcommittee's meeting on May 4, 1972 the following text was approved "on which work should be pursued as a matter of priority."

PREAMBLE:

The States Parties to this Treaty, Noting the achievements of States in the exploration of the Moon [and other celestial bodies], Recognizing that the Moon, as the natural satellite of the Earth, has an important role to play in the exploration of outer space, Determined to promote on the basis of equality the further development of co-operation among States in the exploration and use of the Moon [and other celestial bodies], Desiring to prevent the Moon [and other celestial bodies] from becoming an area of international conflict, Recalling the Treaty and Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, and the Convention on International Liability for damage caused by space objects, Taking into account the need to define and develop the provisions of these international instruments in relation to the Moon [an other celestial bodies] having regard to further progress and use of outer space, Have agreed on the following:

ARTICLE I:

1. [As employed in this Treaty:

(i) The term "celestial body" includes all natural celestial bodies other than the Earth.
(ii) The phrase "the Moon and other celestial bodies" includes orbits around or other trajectories to or around celestial bodies.]

2. This Treaty does not apply to extra-terrestrial materials which reach the surface of the Earth by natural means.

ARTICLE II:

1. Activities on [in the exploration and use of] the Moon [and in circumlunar space] [and other celestial bodies] shall be carried out in accordance with international law, including the Charter of the United Nations in the interest of maintaining international peace and security and promoting international co-operation and understanding.

2. In accordance with the Charter of the United Nations, the threat or use of force or any other hostile act or threat of hostile act on the Moon [and other celestial bodies] is prohibited. It is likewise prohibited to use the Moon [and other celestial bodies] in order to commit any such act or to engage in any such threat in relation to the Earth, [the Moon] or other celestial bodies, spacecraft, the personnel of spacecraft or man-made space objects.

ARTICLE III:

1. The Moon [and other celestial bodies] shall be used by all States Parties exclusively for peaceful purposes.

2. States Parties undertake not to place in orbit around or other trajectory to or around the Moon [and other celestial bodies] objects carrying nuclear weapons or any other kinds of weapons of mass destruction or place or use such weapons on in the Moon [and other celestial bodies].

3. The establishment of military bases, installations and fortifications, the testing of any type of weapons and the conduct of military maneuvers on the Moon [and other celestial bodies] shall be forbidden. The use of military personnel for scientific research or for any other peaceful uses shall not be prohibited. The use of any equipment or facility necessary for peaceful exploration and use of the Moon [and other celestial bodies] shall also not be prohibited.

ARTICLE IV:

1. The exploration and use of the Moon [and other celestial bodies] shall be the province of all mankind and [the exploitation of their natural resources] shall be carried out for the benefit and in the interests of all countries, irrespective of their degree of economic or scientific development. Due regard shall be paid to the interests of present and future generations as well as to the need to promote higher standards of living conditions of economic and social progress and development in accordance with the Charter of the United Nations.

2. States Parties shall be guided by the principle of co-operation and mutual assistance in all their activities concerning the exploration and use of the Moon [and other celestial bodies]. International co-operation in pursuance of this Treaty should be as wide as possible and may take place on a multilateral basis, on a bilateral basis, or through international intergovernmental organizations.

3. States Parties shall inform the Secretary-General as well as the public and international scientific community, to the greatest extent feasible and practicable, of their activities concerned with the exploration and use of the Moon [and other celestial bodies]. They shall in any case give information on the time, purposes, locations, orbital parameters, duration and results of each [completed] mission to the Moon [and other celestial bodies], in particular on the scientific results arising out of such missions. In case of a mission lasting more than 60 days, information on conduct of the mission shall be given periodically at 30 days' intervals. For missions lasting more than six months, only significant additions to such information need be reported thereafter.

4. If a State Party becomes aware that another State Party plans to operate simultaneously in the same area of or in the same orbit around or trajectory to or around the Moon or other celestial body, it shall promptly inform the other State of the timing of and plans for its own operations.

ARTICLE V:

1. There shall be freedom of scientific investigation on the Moon [and other celestial bodies] by all States Parties without discrimination on any kind, on the basis of equality and in accordance with international law.

2. In carrying out scientific investigations in furtherance of the provisions of this Treaty the States Parties shall have the right to collect on and remove from the Moon [and other celestial bodies] samples of its [their] mineral and other substances. Such samples shall remain at the disposal of those States Parties which caused them to be collected and may be used by them for scientific purposes. States shall have regard to the desirability of making a portion of such samples available to other interested States Parties and the international scientific community for scientific investigation. States Parties may in the course of scientific investigations also use mineral and other substances of the Moon [and other celestial bodies] in quantities appropriate for the support of their missions.

3. States Parties agree on the desirability of exchanging scientific and other personnel on expeditions to or installations on the Moon [and other celestial bodies] to the greatest extent feasible and practicable.

ARTICLE VI:

1. In exploring and using the Moon [and circumlunar space] [and other celestial bodies] States Parties shall take measures to prevent the disruption of the existing balance of [its] [their] environment[s] whether by introducing adverse changes in such environment[s] [its] [their] harmful contamination through the introduction of extra-environmental matter or otherwise. States Parties shall also take measures to prevent harmfully affecting the environment of the Earth through the introduction of extra-terrestrial matter or otherwise.

2. [States Parties planning missions to the Moon [and other celestial bodies] shall notify the Secretary-General of measures being adopted to minimize the disruption of the existing balance of the environment[s] of [those bodies]. Such reports shall include the trajectories to be flown, the distance of closest approach, and specific measures taken to control micro-organisms on and in the spacecraft.

3. [States Parties shall notify the Secretary-General of plans to place radio-active material on or in orbit or other trajectory around the Moon [or other celestial bodies] and shall give similar notification with regard to the conditions and effects of such placement when it occurs.]

4. States Parties shall report to other States Parties and to the Secretary-General concerning areas of the Moon [and other celestial bodies] having special scientific interest in order that consideration may be given to their designation as international scientific preserves for which special protective arrangements are to be agreed, without prejudice to the rights of other States Parties to this Treaty.

ARTICLE VII:

1. States Parties may pursue their activities in the exploration and use of the Moon [and other celestial bodies] anywhere on or below its [their] surface, [and in circumlunar space], subject to the other provisions of this Treaty.

2. For these purposes States Parties may, in particular:

(a) land their space objects on the Moon [and other celestial bodies], and launch them form the Moon [such bodies], [and place them in circumlunar orbit];
(b) place their personnel, space vehicles, equipment, facilities, stations and installations anywhere on or below the surface of the Moon [and other celestial bodies][and in circumlunar space]. Personnel, space vehicles, equipment, facilities, stations and installations may move or be moved freely over or below the surface of the Moon [and other celestial bodies] [and in circumlunar space].

3. Activities of States Parties in accordance with paragraphs 1 and 2 of this article shall not interfere with the activities of other States Parties on the Moon [and other celestial bodies]. Where such interference may occur, the States Parties concerned shall undertake consultations in accordance with article XVI.

ARTICLE VIII:

1. States Parties may establish manned and unmanned stations on the Moon [and other celestial bodies]. A State Party establishing a station shall use only that area which is required for the needs of the station shall use only that area which is required for the needs of the station and shall immediately inform the Secretary-General of the location and purposes of that station. Subsequently, at annual intervals that State shall likewise inform the Secretary-General whether the station continues in use and whether its purposes have changed.

2. Stations shall be installed in such a manner that they do not impede the free access to all areas of the Moon of personnel, vehicles and equipment of other States Parties conducting activities on the Moon [and other celestial bodies] in accordance with the provisions of this Treaty or of article I of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and other Celestial Bodies.

ARTICLE IX:

1. States Parties shall adopt all practicable measures to safeguard the life and health of persons on the Moon [and other celestial bodies]. For this purpose they shall regard any person on the Moon [or other celestial bodies] as an astronaut within the meaning of article V of the Treaty on Principles Governing the Activities of States on the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies and as part of the personnel of a spacecraft within the meaning of the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space.

2. States Parties shall offer shelter in their stations, installations, vehicles and other facilities to persons in distress on the Moon [or other celestial bodies].

3. States Parties shall inform the Secretary-General, as well as the public and the international scientific community, of any phenomena they discover in outer space, including the Moon and other celestial bodies, which could endanger human life or health, as well as any indication of organic life.

ARTICLE X:

1. [The natural resources of the Moon [and other celestial bodies] shall be the common heritage of all mankind.]

2. Neither States, international intergovernmental or non-governmental organizations, national organizations having the status of juridical persons or not, nor natural persons, may claim the surface or subsurface of the Moon [or other celestial bodies] as their property. The placement of personnel, space vehicles, equipment, facilities, stations and installations on or below the surface of the Moon [or other celestial bodies] including structures connected with its [their] surface or subsurface, shall not create a right of ownership over parts of the surface or subsurface of the Moon [or other celestial bodies].

3. [Parts of the surface or subsurface of the Moon [or other celestial bodies] may not be the object of grant, exchange, transfer, sale or purchase, lease, hire, gift or any other arrangement or transactions with or without compensation between States, international intergovernmental and non-governmental organizations or national organizations having the status of juridical persons or not, or of arrangements or transactions between natural persons.]

4. [The States Parties to this Treaty, bearing in mind the need for economic advancement and for the encouragement of investment and efficient development if utilization of the resources of the Moon and other celestial bodies becomes a reality, recognize the importance of concluding agreements in this area. To this end, the Depositary Governments shall promptly convene a meeting of all States Parties with a view to negotiating arrangements for the international sharing of the benefits of such utilization when one third of the States Parties inform the Depositary Governments that they consider that practical utilization of the resources of the Moon or other celestial bodies is likely to begin within two years following or has already begun.]

ARTICLE XI:

1. States Parties shall retain jurisdiction and control over their personnel, vehicles, equipment, facilities, stations and installations on the Moon [and other celestial bodies]. The ownership of space vehicles, equipment, facilities, stations and installations shall not be affected by their presence on the Moon [or other celestial bodies].

2. Vehicles, installations and equipment or their component parts found in places other than their intended location shall be dealt with in accordance with article V of the Agreement on Assistance to Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space.

3. In the event of an emergency involving a threat to human life, States Parties may use the equipment, vehicles, installations, facilities or supplies of other States Parties on the Moon [or in circumlunar space] [or other celestial bodies]. Prompt notification of such use shall be made to the Secretary-General or State Party concerned.

ARTICLE XII:

1. A State Party which learns of the crash landing, forced landing or other unintended landing on the Moon [or other celestial bodies] of a space object, or its component parts, that were not launched by it, shall promptly inform the launching State Party and the Secretary-General of the United Nations.

ARTICLE XIII:

1. States Parties to this Treaty shall bear international responsibility for national activities on the Moon [and other celestial bodies] whether such activities are carried out by governmental agencies or by non-governmental entities, and for assuring that national activities are carried out in conformity with the provisions set forth in the present Treaty. States Parties shall ensure that non-governmental entities under their jurisdiction shall engage in activities on the Moon [and other celestial bodies] only under the authority and continuing supervision of the appropriate State Party.

2. [In addition to the provisions of article VII of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, a State Party shall be liable for damage resulting from its personnel on the Moon to the property or personnel of other States Parties to the Moon, unless it is established that the damage occurred through no fault of the said State or its personnel on the Moon.]

ARTICLE XIV:

1. With the exception of articles XVIII to XXI, references in this Treaty to States shall be deemed to apply to any international intergovernmental organization which conducts space activities if the organization declares its acceptance of the rights and obligations provided for in this Treaty and if a majority of the States members of the organization are States Parties to this Treaty and to the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies. States members of any such organization which are States Parties to this Treaty shall take all appropriate steps to ensure that the organization makes a declaration in accordance with the foregoing.

ARTICLE XV:

1. In the event of any difference arising between States Parties with regard to the interpretation [or application] of the provisions of this Treaty, reference shall be made where appropriate to the provisions of the Treaty on the Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, the Agreement on the Rescue of Astronauts, the Return of Astronauts, and the Return of Objects Launched into Outer Space, and the Convention on International Liability for Damage Caused by Space Objects.

ARTICLE XVI:

1. Each State Party may assure itself that the activities of other States Parties in the exploration and use of the Moon [and other celestial bodies] are compatible with the provisions of this Treaty. To this end, all space vehicles, equipment, facilities, stations and installations on the Moon [and other celestial bodies] shall be open to other States Parties. Such States Parties shall give reasonable advance notice of a projected visit, in order that appropriate consultations may be held and that maximum precautions may be taken to assure safety and to avoid interference with normal operations in the facility to be visited. In pursuance of this article, any State Party may use its own means, or may act with the full or partial assistance of any other State Party, or through appropriate international procedures within the framework of the United Nations and in accordance with the Charter.

2. A State Party which has reason to believe that another State Party is not fulfilling the obligations incumbent upon it pursuant to this Treaty or that another State Party is interfering with the rights which the former State has under this Treaty may request consultations with that Party. A State Party receiving such a request shall enter into such consultations without delay. Any other State Party which requests to do so shall be entitled to take part in the consultations. Each State Party participating in such consultations shall bear in mind the rights and interests of all States Parties. The Secretary-General shall be informed of the results of the consultations and transmit the information received to all States Parties concerned.

3. If the consultations do not lead to a mutually acceptable settlement which has due regard for the rights and interests of all the States Parties, the parties concerned shall take all measures to settle the dispute by other peaceful means of their choice and appropriate to the circumstances and the nature of the dispute. If difficulties arise in connection with the opening of consultations or if consultations do not lead to mutually acceptable settlement, any State Party may seek the assistance of the Secretary-General without seeking the consent of any other State Party concerned, in order to resolve the controversy. A State Party which does not maintain diplomatic relations with another State Party concerned shall participate in such consultations, at its choice, either itself of through another State Party or the Secretary-General, as intermediary.

ARTICLE XVII:

1. At any time after this Treaty has been in force for five years, at the request of one-third of the States Parties to the Treaty and with the concurrence of the majority of the States Parties a conference of the States Parties shall be convened to review this treaty.

ARTICLE XVIII:

1. This Treaty shall be open to all States for signature. Any State which does not sign this Treaty before its entry into force in accordance with paragraph 3 of this article may accede to it at any time.

2. This Treaty shall be subject to ratification by signatory States. Instruments of ratification and instruments of accession shall be deposited with the Governments of …, which are hereby designated the Depositary Governments.

3. This Treaty shall enter into force upon the deposit of instruments of ratification by five Governments including the Governments designated as Depositary Governments under this Treaty.

4. For States whose instruments of ratification or accession are deposited subsequent to the entry into force of this Treaty, it shall enter into force on the date of the deposit of their instruments of ratification or accession.

5. The Depositary Governments shall promptly inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification of and accession to this Treaty, the date of its entry into force and other notices.

6. This Treaty shall be registered by the Depositary Government pursuant to Article 102 of the Charter of the United Nations.

ARTICLE XIX:

1. Any State Party may propose amendments to this Treaty. Amendments shall enter into force for each State Party to the Treaty accepting the amendments upon their acceptance by a majority of the States Parties to the Treaty and thereafter for each remaining State Party to the Treaty on the date of acceptance by it.

ARTICLE XX:

1. Any State Party to the Treaty may give notice of its withdrawal from the Treaty on year after its entry into force by written notification to the Depositary Governments. Such withdrawal shall take effect one year from the date of receipt of this notice.

ARTICLE XXI:

1. This Treaty, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited in the archives of the Depositary Governments. Duly certified copies of this Treaty shall be transmitted by the Depositary Governments to the Governments of the signatory and acceding States.

2. In witness whereof the undersigned duly authorized, have signed this Treaty.

3. Done in …., at the cities of …., the …. day of …. On thousand nine hundred and seventy….

Document 10: U.S. Policy Position
Arnold Frutkin, NASA, September 7, 1972

The U.S. policy statement reiterated its position on the U.N. draft treaty but also expressed its concern for a future conference to determine the legal regime for lunar resources. Until such time, however, the U.S. claimed that the use of natural resources "should continue to be unimpeded." Thus, the U.S. did not accept any moratorium on the use of resources pending the establishment of a legal regime at a future date. (It should be noted that at the time of this writing no legal regime has yet been convened.) The U.S. position was well accepted by most delegates but the U.S.S.R. still refused to recognize the "common heritage" principle. The U.S. addressed the "interests and needs" of the developing countries in particular. It is paradoxical that this will be the stumbling block when the U.S. sends the treaty to the Senate for ratification.

A careful reading of the report of the Legal Sub-Committee will reveal the extensive character of the United States proposals. By the way of example, we proposed that the treaty should not only apply to the Moon but to activities on other celestial bodies as well; that freedom of scientific investigation should be the guiding principle in the conduct of activities on celestial bodies; that exploring countries should accept binding obligations to report in detail on the conduct an results of their missions and should indicate well in advance of launch the intended purposes, locations and mode of conduct of their prospective missions; that exploring countries should likewise report in advance if their missions would involve the release of radioactive material in space or if their activities might affect the ecological balance of the environment of a celestial body; and that consideration should be given to the establishment of international scientific preserves for areas of celestial bodies having particular ecological and scientific interest.

We also proposed that exchange of personnel from missions launched by different countries should be encouraged; that unimpeded access should be guaranteed as a means of ensuring compliance with agreed limitations on specified military activities; that parties should be obliged to consult with one another in the event of differences between them, with any party entitled to ask the United Nations Secretary-General to lend his good offices in the event of any disagreement that might persist; that natural resources of celestial bodies should be the common heritage of mankind; that their use for scientific purposes should continue to be unimpeded; and that parties should declare their willingness to participate in a conference on the international sharing of the benefits of utilization of those resources at such time as utilization might appear to become practicable.

ARTICLE X: [Natural resources]

1. The moon and other celestial bodies are not subject to national appropriation by any claim of sovereignty, by means of use or occupation, or by any other means.

2. Neither the surface nor the subsurface of the moon or other celestial bodies, nor any area thereof or natural resources in place, shall become the property of any State, international intergovernmental or non-governmental organization, national organization, or non-governmental entity or of any natural person. The placement of personnel, space vehicles, equipment, facilities, stations and installations on or below the surface of the moon or other celestial bodies, including structures connected with their surface or subsurface, shall not create a right of ownership over the surface or the subsurface of the moon or other celestial bodies or any areas thereof. The foregoing provisions are without prejudice to the international regime referred to in paragraph 4 of this article, as well as to exploitation of the natural resources of the moon or other celestial bodies pending the establishment of such a regime.

3. States Parties have an equal right to the exploration and use of the moon and other celestial bodies without discrimination of any kind under the conditions stipulated in this treaty.

4. States Parties undertake to establish an international regime governing the exploitation of the natural resources of the moon and other celestial bodies, including appropriate procedures, when such exploitation becomes feasible.

5. The main purposes of the international regime to be established shall be to ensure the orderly and safe development and rational management of the natural resources of the moon and other celestial bodies, to expand opportunities in the use thereof and to determine an equitable sharing by all States Parties in the benefits derived there from, taking into consideration, in particular, the interests and needs of the developing countries.

6. A conference of all States Parties shall be convened by the depositary governments at the request of one third of such States in order to implement the provisions of paragraph 4 of this article on the basis of principle that the natural resources of the moon and other celestial bodies are the common heritage of mankind, due regard being paid to the provisions of article V of this treaty.

7. All activities with respect to the natural resources of the moon or other celestial bodies shall be carried out in a manner compatible with the purposes of the international regime to be established as specified in paragraph 5 of this article.

ARTICLE IV: [Obligation to furnish information on natural resources]

4. States Parties shall inform the Secretary-General as well as the public and the international scientific community, to the greatest extent feasible and practicable, of their activities concerned with the exploration and use of the moon and other celestial bodies. They shall in any case give information on the time, purposes, locations, orbital parameters, duration and results of each mission to the moon and other celestial bodies, and in particular information regarding scientific results and natural resources arising out of such missions. In case of a mission lasting more than 60 days, information on conduct of the mission shall be given periodically at 30-day intervals. For missions lasting more than six months, only significant additions to such information need be reported thereafter

Document 11: U.N. Draft Treaty Relating to the Moon
May 4, 1972

The following articles were accepted by consensus. The important result of this consensus concerns transparency including information about the time, purpose, location, and duration of lunar missions. States must be informed of all activities relating to lunar missions as well as any disruption of the environment of the Moon as well as that of the Earth. The draft also calls for states to report any areas having special scientific interest to be considered as preserves for special protection.

ARTICLE II, Paragraph 1

1. All activities on the Moon including its exploration and use, shall be carried out in accordance with international law, in particular, the Charter of the United Nations, and taking into account the Declaration on the Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations, adopted by the General Assembly on 24 October 1970, in the interest of maintaining international peace and security and promoting international co-operation and mutual understanding, and with due regard to the corresponding interests of all other States Parties.

ARTICLE IV, Paragraph 3

1. States Parties shall inform the Secretary-General as well as the public and the international scientific community, to the greatest extent feasible and practicable, of their activities concerned with the exploration and use of the Moon. Information on the time, purposes, locations, orbital parameters and duration shall be given in respect of each mission to the Moon, while information on the results of each mission, including scientific results, shall be furnished upon completion of the mission. In case of a mission lasting more that 60 days, information on conduct of the mission shall be given periodically at 30 days' intervals. For missions lasting more than six months, only significant additions to such information need be reported thereafter (points of time of information to the Secretary-General to be resolved).

ARTICLE VI

1. In exploring and using the Moon, States Parties shall take measures to prevent the disruption of the existing balance of its environment whether by introducing adverse changes in such environment, its harmful contamination through the introduction of extra-environmental matter or otherwise. States Parties shall also take measures to prevent harmfully affecting the environment of the Earth through the introduction of extra-terrestrial matter or otherwise.

2. States Parties shall inform the Secretary-General of the measures being adopted by them in accordance with paragraph 1 of this article and shall also notify him of all placements by them of radioactive materials on the moon and of the purposes of such placements.

3. States Parties shall report to other States Parties and to the Secretary-General concerning the area of the moon having special scientific interests in order that, without prejudice to the rights of other States Parties, consideration may be given to the designation of such areas as international scientific preserves for which special protective arrangements are to be agreed in consultation with the competent organs of the United Nations.

ARTICLE IX, Paragraph 3

1. States Parties shall immediately inform the Secretary-General, as well as the public and the international scientific community, of any phenomena they discover in outer space, including the moon and other celestial bodies, which could endanger human life or health, as well as any indication of organic life.

ARTICLE XIII, Paragraph 2

1. States Parties recognize that detailed arrangements concerning liability for damage sustained on the moon, in addition to the provisions of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies and the Convention on International Liability for Damage Caused by Space Objects, may become necessary as a result of more extensive activities on the moon, and agree that a conference of States Parties to this Treaty for the purpose of elaborating such agreements shall be convened by the Depositary Governments when one-third of the States Parties so request.

Document 12: India's Working Paper Proposing Article X
March 23, 1973

It is interesting to note that the U.S.S.R. still continued to refute the CHM doctrine as highlighted by India's working paper. The U.S.S.R. will eventually answer India's working paper with its own statement on its definition of "common heritage." Also, the future international regime outlined in India's paper represents a possible moratorium on lunar exploitation until a future date. This constraint was unacceptable by the U.S. as expressed in its subsequent papers.

ARTICLE X:

1. The moon and other celestial bodies, their subsoil as well as their resources, are the common heritage of mankind.

2. States Parties undertake to establish an international regime for the orderly and safe development and rational management of the resources of the moon an other celestial bodies and their subsoil, and for expanding opportunities in the use thereof, and to ensure the equitable sharing by all States in the benefits derived there from, taking into particular consideration the interests and needs of the developing countries.

3. Exploitation of the resources of the moon and other celestial bodies and their subsoil shall not be done except in accordance with the international regime to be established. For this purpose, the depositary Governments shall convene a conference of all States parties at the request of one third of such States…

Document 13: U.S.S.R. on Common Heritage of All Mankind
March 28, 1973

The U.S.S.R. statement on March 28, 1973 vehemently opposed the common heritage of mankind principle. More importantly, this position will be primarily responsible for the delay in reaching any consensus on a moon agreement for another six years. The Soviet statement will be followed by a rebuttal from Argentina which alludes to the ambiguity of terminology of the principle.

One of the questions that still remain unresolved in the consideration of the draft treaty relating to the moon is the problem of the use of the concept of the "common heritage of all mankind."

We shall try to determine the legal content of that formula. In the legal sense we are familiar with such civil law terms as "inheritance" and "succession." We do not use the term "heritage" in civil law. We use this term in the philosophical, rather than the legal sense.

Nevertheless, what is involved is not so much the terminology as the essence of the problem. Nobody is likely to put forward any telling arguments to support the extension of the constructions and categories of civil jurisprudence to space law, which is a part of international public law.

What is "inheritance" in the civil law sense? This concept is inseparably bound up with the right of ownership, the possession of a thing and the use of it.

The recognition of inheritance and the right to succession is bound up with the concept of property and property rights. Without the concept of property, the concept of succession also becomes meaningless.

How does international space law resolve the question of property rights? The right of ownership over space objects and their parts is recognized (article VIII of the Treaty on Outer Space). And this is fully justified, since such objects are property belonging to a State or specific persons. That is a matter of civil law. International law, in this case, has merely confirmed the universal recognition of the corresponding parts over specific things.

In the case of celestial bodies, the Treaty on Outer Space has established definitely and unequivocally that the moon and other celestial bodies are not subject to national appropriation (article II): they may not become any person's thing or any person's property. Developing this generally recognized approach logically, the Soviet draft treaty concerning the moon provides that no person may claim the surface or subsurface of the moon as their property (article VIII of the draft). Consequently, portions of the surface or subsurface of the moon cannot be the object of civil law transactions-grant, exchange, transfer, sale or purchase, lease, hire and so forth. Nor can they, quite naturally, be the object of succession. A thing that belongs to nobody cannot pass into any person's possession by succession.

According to the 1967 Treaty on Outer Space, celestial bodies are the province of all mankind. They are available for the undivided and common use of all States on earth, but are not jointly owned by them. This is the essential feature of international law. Based on these scientific and legal premises, the Soviet delegation would be able to consider the question of the use in the draft treaty relating to the moon of the concept of the "common province of all mankind." It would seem that by taking this line a satisfactory compromise might also be found on this matter.

Document 14: Argentina's Reply on Common Heritage
April 17, 1973

Following the Soviet statement in opposition to the CHM principle, other working groups will show increased support for the Argentine position on the principle as illustrated by the position statements of Sweden and Austria which follow. It is important to note the reference to the U.N. resolution on the deep seabed.

The Soviet delegation submitted, on 28 March 1973, a working paper in which it tries to determine the legal content of the expression "common heritage of all mankind." According to that paper, the term "heritage" is not used in a civil law in the Soviet Union, where it has a philosophical rather than a legal sense. It does not appear that this can carry over into international law, where formulae and principles of general law are employed in the structure of many of its institutions. The word "succession," for instance, has been used in classical international law when speaking of succession of States, and it has not lost its validity-so much so that it is among the topics for priority treatment in the International Law Commission. The Spanish term "heritage" ("partimonio") is also used by modern international law in referring, for instance, to the "patrimonial sea" ("mar partrimonial").

The working paper in question states that, without the concept of property, the concept of succession also becomes meaningless. It is relevant to point out that there are two classes of domain: on is direct domain, which traditionally was known as "eminent domain" or, in short, ownership. This type of domain has not been recognized as being applicable to the moon in any of its forms. On the other hand, however, we must not forget that there has also existed since the most ancient times-and this has carried over into modern legal systems, particularly since the Second World War-a domain known as beneficial ownership (dominio util), which comprises enjoyment, receipt of the fruits, profit. There undoubtedly exists on the moon beneficial ownership, pertaining to its utilization and to the possible exploitation of its natural resources. What is one to call this community of ownership-this conjunction of profits, this joint receipt of fruits and products-in a word, this common property of the moon? There is no need to create anything new. The idea of heritage-which can never be intangible-has existed since olden times, and it resolves the issue without any major difficulty. Moreover, international law has always recognized, in addition to sovereignty, a right of ownership on the part of States, which is no different form the concept of ownership under general law.

The Soviet working paper states that the concept of inheritance is inseparably bound up with the right of ownership, the possession of a thing and the use of it. This is obvious and is demonstrated by the fact, among others, that on the occasion of its lunar mission the Soviet Union took possession of things (rocks and other samples from the moon) and has made use of them. Thus, it operated within a concept of inheritance. As applied to outer space and celestial bodies, the concept is not philosophical but legal, because the question hinges no on terminology but on the essence of the problem and on the prevailing rules. Consequently, there is little point in making a philosophical or philological analysis of the expression "common heritage of all mankind." It is, however, essential to note that the substance of the question is normative; it has to do with the norms and principles of international law.

The formulae thus far employed in the international instruments that have been elaborated in outer space reflect the general interests of States, which have been increasingly identified as the exploration and use of space progress. When the aspirations and needs of the peoples of the world arrive at a way of expressing themselves-in other words, when the point is reached where it is possible to establish what is desired-the matter enters into the legal sphere. What is desired necessarily tends to find expression in a principle or a norm which, on this issue, is always international.

The 1967 Space Treaty has resolved part of the question when it lays down that outer space, including the Moon and other celestial bodies, is not subject to national appropriation (article II), and deviates from the principle which international law would have recognized by the fact of conquest or occupation if this exception had not been established. This deviation, or the negative aspect of the question, only affects States which have the capacity to reach outer space and other celestial bodies. The positive aspect, which begins with the entry into force of the Treaty, covers or binds all States, including those affected by the negative aspect.

By what is the positive aspect of these negations in the 1967 Treaty, which are taken to their final consequences in the draft treaty on the moon?

For the present, without any claim to exhaust other inherent points of substance, the following may be enunciated;

A realization on the part of al States and peoples that they are entitled to the benefits derived from the principles and norms established for outer space and celestial bodies; The need to link to the exploitation and use of space and celestial bodies the exploitation thereof;

The search for profit, with an attempt to ensure its results;

Equitable sharing of the profits derived;

Consideration of the needs and interests of developing countries;

Supervision of this activity with a view to equitable distribution;

The institution of an international regime;

The establishment of appropriate procedures for such regime;

The existence of international machinery or an international authority to give effect to all the expectations that have been voiced.

The major merit of replacing the vague expression "province of all mankind" by the more meaningful expression "common heritage of all mankind" is that in so doing one has specified the commencement of an action, replacing an abstract statement by a means of operating, within a specified legal framework.

The fact that General Assembly resolution 2749 (XXV) on the deep sea-bed was adopted without any dissenting vote is definite proof of the existence of this legal viewpoint common to all States, entirely irrespective of their special internal features, their philosophical ideas or their policies.

Document 15: Sweden's Policy Position
Ambassador Rydeck September 6, 1972

Sweden's reference to the Conference on the Law of the Sea's treatment of the "common heritage" principle underscores the increasing acceptance of the principle in international relations.

The provision "province of mankind" of the 1967 Treaty on Outer Space while probably not primarily aimed creating property title for mankind as far as resource utilization is concerned, seems to point clearly to the related concept of the "common heritage of mankind," later accepted in relation to the sea-bed and its resources. Once we accept this concept, the question of a proper international administration for the exploration of the moon and other celestial bodies arises. The idea of such machinery should be recognized, since without it expressions such as "common province" and "common heritage" will be of limited value to the majority of nations. This is, of course, just part of the much larger problem of turning the exploration and exploitation of outer space from its present unilateral or bilateral course into an international undertaking with tangible United Nations involvement.

Document 16: Austria's Policy Position
Ambassador Tuerk, June 28, 1973

Ambassador Tuerk claimed that the committee had made much progress and that Austria had made substantial contributions to the consensus process. In fact, Austria's draft treaty will eventually form the basis for the Moon Treaty with very few changes in 1978.

Article X of the draft treaty, referring to the exploitation of the natural resources of the moon, has proved to be the most important stumbling-block. Agreement on substantial areas of this question, inter alia the establishment of an international regime governing the exploitation of these resources, when such exploitation becomes feasible, by a conference of States parties to the treaty has been reached. The main unresolved issue is obviously the question of the exploitation of the natural resources of the moon pending the establishment of such an international regime.

Document 17: U.S.S.R. Position Papers 1972-78
April 17, 1973

The following Soviet working papers will reiterate the Soviet position which disapproves of any regime governing the use and exploitation of lunar resources. The U.S.S.R. frequently spoke out against the common heritage idea. On July 12, 1972, the head of their delegation, Ambassador Piradov, explained its position to the Legal Committee:

So far as concerned Article VIII of the draft treaty, the Soviet delegation preferred the original text; it seemed premature to seek to regulate the use of natural resources of the moon before the problem [of economically feasible exploitation] arose.

Speaking to the Outer Space Committee on July 1, 1974, Ambassador Piradov again expressed disapproval:

The most promising solution to the problem, however, was to be found in the original text of the draft treaty that was submitted by the Soviet Union. Its basic purpose was that there should not be included in the draft moon treaty a provision concerning the regime for the use and exploitation of the moon's natural resources.

Two years later on July 22, 1976 Ambassador Piradov again addressed the Committee on the Peaceful Uses of Outer Space, and notes the ambiguity of the CHM principle:

At the same time we have frequently had occasion to explain in some detail that at the present stage of space activity we cannot agree with the proposal that the concept of the 'common heritage of mankind' should be immediately applicable to the Moon and other celestial bodies and their natural resources. First, we are genuinely convinced that such a proposal is premature in the absence of necessary objective foundations and factual material for it. Secondly, we have referred to the juridical and political vagueness and lace of specificity in the concept which has been put forward.

Another delegate from the U.S.S.R., Mr. Maiorski, expressed the Soviet viewpoint when speaking before the Outer Space Committee on June 28, 1977:

We consider that the simple inclusion in a treaty of the term 'common heritage of mankind' solves no problems…In this connection I should like to remind you, Mr. Chairman, of the proposal discussed informally among delegations at the session of the Legal Subcommittee-that is the proposal [by the U.S.S.R.] that, on the question of the status of the natural resources of the moon and possibly of other celestial bodies, there should be prepared a separate legal document, let us say in the form of an additional protocol to the draft treaty relating to the moon. Of course, this should be an optional protocol at first. In other words, it would be binding only on those States which signed and ratified it.

The following year, on July 11, 1978, Mr. Kolossov, an alternative delegate of the U.S.S.R., explained to the Outer Space Committee:

In our respective [U.S.S.R. governmental] organizations in particular doubts do arise with regard to the inclusion in the text of the draft treaty of wording that proclaims the moon and its natural resources as the common heritage of mankind, and especially with regard to the close link which, according to this text, exists between the proclamation of this principle and the need to create a special international regime.

Document 18: Working Group I: Position Statements
Bulgaria, India, Egypt, Nigeria and Mongolia, May 6-31, 1974

The working group consisting of Bulgaria, India, Egypt, Nigeria and Mongolia were essentially concerned with the scope of the treaty, the transparency of lunar missions, and the use of the Moon's natural resources. More importantly, the group called for a conference to implement an international regime to govern the exploitation of the moon's natural resources. In sum, the group claimed: "The natural resources are the object of common use of all States." No agreement was reported on the following statement which can be construed as a call for a moratorium on the use and/or exploitation of lunar resources until a legal regime for the Moon could be later negotiated.

The natural resources of the moon cannot be transferred on to the earth by any country for its own exclusive economic profit; those resources shall be transferred on to the earth only under the provisions of an international regime as specified by the following article which provides for the common heritage of mankind.

Document 19: Argentina's Position Statement
Ambassador Cocca, June 25, 1976

Although Dr. Cocca expressed the committee's frustration when he pointed out in the following statement that since 1970 it had been impossible to achieve any consensus on a moon treaty, it is interesting to note that Dr. Cocca emphasizes the work of the Conference on the Law of the Sea. Delegates, however, will later debate the need to distance the Law of the Sea from the agreement for the Moon since they both will call for a legal regime to manage natural resources.

If the Committee should decide, despite our repeated failures, to continue consideration of a draft treaty relating to the Moon, then, we who represent countries which have a very firm position on this item would feel in duty bound to expand articles IX bis and X bis considerably. The reason is linked to the fact that the Conference on the Law of the Sea will be convening exactly one month after we conclude our deliberations. It would be right if a consensus is reached, that it should be our Committee, the pioneer in this matter, the body which elaborated the concept of 'the common heritage of mankind' and which incorporated in it the first text of an international instrument known to the United Nations, that develops this concept.

Document 20: U.S.S.R. Reply to Argentina's Statement
Ambassador Piradov, June 25, 1976

The U.S.S.R. reply to Dr. Cocca's statement announces a stalemate. The issues are still so controversial that the Committee cannot resolve them. Until the issue regarding the "common heritage principle" could be settled, it remained impossible to come to terms on the issues of the treaty's scope and the transparency of missions. Again noting the ambiguity of the CHM principle, Ambassador Piradov calls for "a very accurate interpretation of the concepts used in the treaty."

The discussion at the fifteenth session of the Legal Subcommittee, as we see it, clearly showed that among those delegates which spoke in favour of the concept of the common heritage of mankind there was no common view as to what it meant. In certain arguments that were put forward to support that idea, the idea in fact emerged that space activities should be internationalized and a supra-state nature should be given to whatever body guides those activities. Such legal arguments can obviously not be accepted by us as the proper way to proceed with respect to the gradual development of international space law. Therefore, the search for a compromise in this matter should obviously be pursued by means of a very accurate interpretation of the concepts used in the draft treaty, on the basis of due respect for the sovereign rights of States participating in space activities.

Document 21: Annexation of Austrian Text
Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, April, 1978

No further consensus was reached after two years of COPUOS committee meetings and negotiations. However, as a result of informal negotiations on this proposal as well as on various other issues, the gap between the views held by member States on the outstanding issues was narrowed considerably. The following Austrian draft encompasses these efforts and illustrates the substantial work accomplished by the Austrian delegation.

PREAMBLE:

The States Parties to this Agreement, Noting the achievements of States in the exploration and use of the moon and other celestial bodies, Recognizing that the moon, as a natural satellite of the earth, has an important role to play in the exploration of outer space, Determined to promote on the basis of equality the further development of co-operation among States in the exploration and use of the moon and other celestial bodies, Desiring to prevent the moon from becoming an area of international conflict, Bearing in mind the benefits which may be derived from the exploitation of the natural resources of the moon and other celestial bodies, Recalling the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, the Convention on International Liability for Damage Caused by Space Objects, and the Convention on Registration of Objects Launched into Outer Space, Taking into account the need to define and develop the provisions of these international instruments in relation to the moon and other celestial bodies, having regard to further progress in the exploration and use of outer space, Have agreed on the following:

ARTICLE I:

1. The provisions of this Agreement relating to the moon shall also apply to other celestial bodies within the solar system, other than the earth, except in so far as specific legal norms enter into force with respect to any of these celestial bodies.

2. For the purposes of this Agreement reference to the moon shall include orbits around or other trajectories to or around it.

3. This Agreement does not apply to extraterrestrial materials which reach the surface of the earth by natural means.

ARTICLE II:

1. All activities on the moon, including its exploration and use, shall be carried out in accordance with international law, in particular the Charter of the United Nations, and taking into account the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations, adopted by the General Assembly on 24 October 1970, in the interest of maintaining international peace and security and promoting international co-operation and mutual understanding, and with due regard to the corresponding interests of all other States Parties.

ARTICLE III:

1. The moon shall be used by all States Parties exclusively for peaceful purposes.

2. Any threat or use of force or any other hostile act or threat of hostile act on the moon is prohibited. It is likewise prohibited to use the moon in order to commit any such act or to engage in any such threat in relation to the earth, the moon, spacecraft, the personnel of spacecraft or man-made space objects.

3. States Parties shall not place in orbit around or other trajectory to or around the moon objects carrying nuclear weapons or any other kinds of weapons of mass destruction or place or use such weapons on or in the moon.

4. The establishment of military bases, installations and fortifications, the testing of any type of weapons and the conduct of military manoeuvres on the moon shall be forbidden. The use of military personnel for scientific research or for any other peaceful purposes shall not be prohibited. The use of any equipment or facility necessary for peaceful exploration and use of the moon shall also not be prohibited.

ARTICLE IV:

1. The exploration and use of the moon shall be the province of all mankind and shall be carried out for the benefit and in the interests of all countries, irrespective of their degree of economic or scientific development. Due regard shall be paid to the interests of present and future generations as well as to the need to promote higher standards of living and conditions of economic and social progress and development in accordance with the Charter of the United Nations.

2. States Parties shall be guided by the principle of co-operation and mutual assistance in all their activities concerning the exploration and use of the moon. International co-operation in pursuance of this Agreement should be as wide as possible and may take place on a multilateral basis, on a bilateral basis or through international intergovernmental organizations.

ARTICLE V:

1. States Parties shall inform the Secretary-General of the United Nations as well as the public and the international scientific community, to the greatest extent feasible and practicable, of their activities concerned with the exploration and use of the moon. Information on the time, purposes, locations, orbital parameters and duration shall be given in respect of each mission to the moon as soon as possible after launching, while information on the results of each mission, including scientific results, shall be furnished upon completion of the mission. In the case of a mission lasting more than sixty days, information on conduct of the mission, including any scientific results, shall be given periodically, at thirty-day intervals. For missions lasting more than six months, only significant additions to such information need be reported thereafter.

2. If a State Party becomes aware that another State Party plans to operate simultaneously in the same area of or in the same orbit around or trajectory to or around the moon, it shall promptly inform the other State of the timing of and plans for its own operations.

3. In carrying out activities under this Agreement, States Parties shall promptly inform the Secretary-General, as well as the public and the international scientific community, of any phenomena they discover in outer space, including the moon, which could endanger human life or health, as well as of any indication of organic life.

ARTICLE VI:

1. There shall be freedom of scientific investigation on the moon by all States Parties without discrimination of any kind, on the basis of equality and in accordance with international law.

2. In carrying out scientific investigations and in furtherance of the provisions of this Agreement, the States Parties shall have the right to collect on and remove from the moon samples of its mineral and other substances. Such samples shall remain at the disposal of those States Parties which caused them to be collected and may be used by them for scientific purposes. States Parties shall have regard to the desirability of making a portion of such samples available to other interested States Parties and the international scientific community for scientific investigation. States Parties may in the course of scientific investigations also use mineral and other substances of the moon in quantities appropriate for the support of their missions.

3. States Parties agree on the desirability of exchanging scientific and other personnel on expeditions to or installations on the moon to the greatest extent feasible and practicable.

ARTICLE VII:

1. In exploring and using the moon, States Parties shall take measures to prevent the disruption of the existing balance of its environment, whether by introducing adverse changes in that environment, by its harmful contamination through the introduction of extra-environmental matter or otherwise. States Parties shall also take measures to avoid harmfully affecting the environment of the earth through the introduction of extraterrestrial matter or otherwise.

2. States Parties shall inform the Secretary-General of the United Nations of the measures being adopted by them in accordance with paragraph 1 of this article and shall also, to the maximum extent feasible, notify him in advance of all placements by them of radioactive materials on the moon and of the purposes of such placements.

3. States Parties shall report to other States Parties and to the Secretary-General concerning areas of the moon having special scientific interest in order that, without prejudice to the rights of other States Parties, consideration may be given to the designation of such areas as international scientific preserves for which special protective arrangements are to be agreed upon in consultation with the competent bodies of the United Nations.

ARTICLE VIII:

1. States Parties may pursue their activities in the exploration and use of the moon anywhere on or below its surface, subject to the provisions of this Agreement.

2. For these purposes States Parties may, in particular:

(a) Land their space objects on the moon and launch them from the moon;
(b) Place their personnel, space vehicles, equipment, facilities, stations and installations anywhere on or below the surface of the moon.
Personnel, space vehicles, equipment, facilities, stations and installations may move or be moved freely over or below the surface of the moon.

3. Activities of States Parties in accordance with paragraphs 1 and 2 of this article shall not interfere with the activities of other States Parties on the moon. Where such interference may occur, the States Parties concerned shall undertake consultations in accordance with article XV, paragraphs 2 and 3.

ARTICLE IX:

1. States Parties may establish manned and unmanned stations on the moon. A State Party establishing a station shall use only that area which is required for the needs of the station and shall immediately inform the Secretary-General of the United Nations of the location and purposes of that station. Subsequently, at annual intervals that State shall likewise inform the Secretary-General whether the station continues in use and whether its purposes have changed.

2. Stations shall be installed in such a manner that they do not impede the free access to all areas of the moon of personnel, vehicles and equipment of other States Parties conducting activities on the moon in accordance with the provisions of this Agreement or of article I of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies.

ARTICLE X:

1. States Parties shall adopt all practicable measures to safeguard the life and health of persons on the moon. For this purpose they shall regard any person on the moon as an astronaut within the meaning of article V of the Treaty on Principles Governing the Activities of