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interests of all countries, irrespective of their degree of economic or on a celestial body. Ownership of objects launched into outer space,
or scientific development, and shall be the province of all mankind. including objects landed or constructed on a celestial body, and of their
Outer space, including the moon and other celestial bodies, shall be component parts, is not affected by their presence in outer space or on a
free for exploration and use by all States without discrimination of any celestial body or by their return to the Earth. Such objects or component
kind, on a basis of equality and in accordance with international law, and parts found beyond the limits of the State Party to the Treaty on whose
there shall be free access to all areas of celestial bodies. registry they are carried shall be returned to that State Party, which
There shall be freedom of scientific investigation in outer space, in- shall, upon request, furnish identifying data prior to their return.
cluding the moon and other celestial bodies, and States shall facilitate Art. 12. AU stations, installations, equipment and space vehicles on
and encourage international co-operation in such investigation. the moon and other celestial bodies shall be open to representatives of
Art. 2. Outer space, including the moon and other celestial bodies, is other States Parties to the Treaty on a basis of reciprocity. Such repre-
not subject to national appropriation by claim of sovereignty, by means sentatives shall give reasonable advance notice of a projected visit, in
of use or occupation, or by any other means. order that appropriate consultations may be held and that maximum
Art. 3. States Parties to the Treaty shall carry on activities in the ex- precautions may be taken to assure safety and to avoid interference with
ploration and use of outer space, including the moon and other celestial normal operations in the facility to be visited.
bodies, in accordance with international law, including the Charter of Art. 13. The provisions of this Treaty shall apply to the activities of
the United Nations, in the interest of maintaining international peace States Parties to the Treaty in the exploration and use of outer space, in-
and security and promoting international co-operation and understand- cluding the moon and other celestial bodies, whether such activities are
&. carried on by a single State Party to the Treaty or jointly with other
Art. 4. States Parties to the Treaty undertake not to place in orbit States, including cases where they are carried on within the framework
around the Earth any objects carrying nuclear wapons or any other kinds of internationalintergovernmental organizations.
of weapons of mass destruction, install such weapons on celestial bodies, Any practical questions arising in connection with activities carried on
or station such weapons in outer space in any other manner. by international intergovernmental organizations in the exploration and
The moon and other celestial bodies shall be used by all States Parties use of outer space, including the moon and other celestial bodies, shall
to the Treaty exclusively for peaceful purposes. The establishment of be resolved by the States Parties to the Treaty either with the appropri-
military bases, installations, and fortifications, the testing of any type of ate international organization or with one or more States members of
weapons and the conduct of military maneuvers on celestial bodies shall that international organization, which are Parties to this Treaty.
be forbidden. The use of military personnel for scientific research or for The Treaty incorporates the principles enunciated in the
any other peaceful purposes shall not be prohibited. The use of any
equipment or facility necessary for peaceful exploration of the moon and Declaration of Legal Principles Governing the Activities
other celestial bodies shall also not be prohibited. of States in the Exploration and Uses of Outer Space. 37
Art. 5. States Parties to the Treaty shall regard astronauts as envoys The major difference between the Treaty and the Declara-
of mankind in outer space and shall render to them all possible tion is the inclusion in the Treaty of articles concerning the
assistance in the event of accident, distress, or emergency landing on military uses of space and providing for mutual inspection
the territory of another State Party or on the high seas. When astronauts
make such a landing, they shall be safely and promptly returned to the of facilities on the moon and other celestial bodies. 38
State of registry of their space vehicle. (1) There is no generally accepted boundary be-
In carrying on activities in outer space and on celestial bodies, the tween air space and outer space. Although the U.N. Com-
astronauts of one State Party shall render all possible assistance to the mittee on the Peaceful Uses of Outer Space placed the
astronauts of other States Parties. problem of such a boundary on its agenda, it has done lit-
States Parties to the Treaty shall immediately inform the other States
Parties to the Treaty or the Secretary-General of the United Nations of tle work on it. Scholars and commentators have discussed
any phenomena they discover in outer space, including the moon and a wide variety of possible boundaries. The physical charac-
other celestial bodies, which could constitute a danger to the lie or teristics of space and the atmosphere offer no sure guid-
health of astronauts. ance, but there is a tendency to agree that the boundary,
Art. 6. States Parties to the Treaty shall bear international respon-
sibility for national activities in outer space, including the moon and if one is necessary, should be somewhere between the
other celestial bodies, whether such activities are carried on by govern- highest altitude at which aircraft dependent on the reac-
mental agencies or by non-governmental entities, and for assuring that tions of the air for lift and control can operate and the
national activities are carried out in conformity with the provisions set lowest altitude (perigee) at which artificial earth satellites
forth in the present Treaty. The activities of non-governmental entities
in outer space, including the moon and other celestial bodies, shall re- can remain in orbit without being destroyed by friction
quire authorization and continuing supervision by the appropriate State with the air, roughly between 40 and 90 miles above the
Party to the Treaty. When activities are carried on in outer space, includ- surface of the earth. 39
ing the moon and other celestial bodies, by an international organiza- (2) A more recent treaty, of considerable impor-
tion, responsibility for compliance with this Treaty shall be borne both
by the international organization and by the States Parties to the Treaty tance to the United States, is The Agreement on the
participating in such organhtion.
Art. 7. Each State Party to the Treaty that launches or procures the 37. G.A. Res. 1962, 18 U.N. GAOR Supp. 15, at 15, U.N. Doc.
launching of an object into outer space, including the moon and other A/5515 (1963).
celestial bodies, and each State Party from whose territory or facility an 38. See general!^, Demblig and Arons, The Evolution of the Outer
object is launched, is internationally Liable for damage to another State Space Treaty, 33 J. Air L. & Corn. 419 (1967).
Party to the Treaty or to its natural or juridical persons by such object or 39. See M. McDougal, H. Laswell & I. Vlasio, Law and Public
its component parts on the Earth, in air space or in outer space, includ- Order in Space 323-59 (1963) (hereinafter cited as M. McDougal, Space
ing the moon and other celestial bodies. Law), and J. Fawcett, International Law and the Uses of Outer Space
Art. 8. A State Party to the Treaty on whose registry an object 20-24 (1968). For a Soviet view, see Zhukov, Space Flights and the
launched into outer space is carried shall retain jurisdiction and control Problem of the Altitude Frontier of Sovereign&, [I9661 Y.B. of Air and
over such object, and over any personnel thereof, while in outer space Space L. 485.