Discussion Paper: 1968 Rescue Agreement - An Overview

Robert C Beckman
Associate Professor & Vice-Dean (Academic Affairs) Faculty of Law National University of Singapore

1968 Rescue Agreement

Agreement on the Rescue of Astronauts, the Return of Astronauts, and the Return of Objects Launched into Outer Space, 1968 (1968 Rescue Agreement) Adopted on 19 December 1967 Opened for Signature on 22 April 1968 Entered into Force on 3 December 1968
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Status on 1 September 2003

88 States are parties, including all of the space powers 25 States are signatories European Space Agency has declared that it accepts the rights and obligations in the Agreement

Object and Purpose

To develop and give further expression to the duties set out in the 1967 Outer Space Treaty with respect to astronauts and space objects that have landed outside the territory of the state of registry Provisions on rescue & return of astronauts are based on humanitarian principles Provisions on recovery & return of space objects are based on principles of cooperation in the use of outer space 4

States with Obligations

Articles 1 to 5 set out the obligations of Contracting Parties and the Launching Authority Contracting Parties are States that have ratified or acceded to the Agreement The Launching Authority is the State or intergovernmental authority responsible for launching the space vehicle or space object

Scope of Application

Rescue Agreement applies to spacecraft or space objects that have landed in territory under the jurisdiction of a Contracting State This should include maritime zones under the territorial sovereignty of a state, including the territorial sea and archipelagic waters

Scope of Application

Rescue Agreement applies to spacecraft or space objects that have landed on the high seas or in any other place not under the jurisdiction of any state It would apply to spacecraft or space objects that have landed in Antarctica The better interpretation is that it does not apply to spacecraft in outer space
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Personnel of a Spacecraft

Rescue Agreement uses the phrase personnel of a spacecraft rather than astronauts Issue of whether space tourists should be considered personnel of a spacecraft Because the objective of the provisions on rescue are humanitarian, space tourists should be considered personnel of a spacecraft

Rescue & Return of Astronauts

Article 1. Notification of emergencies involving astronauts Article 2. Search & rescue within territory of Contracting Party Article 3. Search & Rescue on the high seas Article 4. Return of Astronauts
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Notification of emergencies involving astronauts (Article 1 )

Article 1 applies where a Contracting Party learns that a manned spacecraft has suffered an accident or is in an emergency situation within its territory or on the high seas It imposes an obligation on the Contracting Party to immediately notify the Launching Authority and the UN Secretary-General

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Search & Rescue within territory of Contracting Party (Article 2)

If astronauts land in the territory of a Contracting Party due to an emergency, the Contracting Party must immediately take all possible steps to rescue them If assistance from the Launching Authority would contribute substantially to the effectiveness of search & rescue operations, the Launching Authority must assist in the search & rescue operations
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Search & Rescue on the high seas Article 3

Article 3 applies when astronauts have alighted on the high seas Contracting Parties that are in a position to do so shall, if necessary, extend assistance in search & rescue operations Article 3 provides for assistance by naval forces in or near the scene of an accident
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Return of Astronauts Article 4

Imposes obligation on the Contracting Party in whose territory astronauts have landed Imposes obligation on the Contracting Party that has rescued astronauts on the high seas The obligation is to return the astronauts promptly to representatives of the Launching Authority
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Recovery & Return of Space Objects Article 5

Article 5 applies when a space object lands in the territory of a Contracting Party or lands on the high seas The obligations in Article 5 apply to a space object or its component parts Obligations are set out in paragraphs 1 to 5
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Recovery & Return of Space Objects Article 5

Article 5(1) provides for notification of the landing of a space object in the territory of a Contracting Party or on the high seas Article 5(2) provides for recovery of a space object that has landed in the territory of a Contracting Party Article 5(3) provides for the return of the space object to the Launching Authority if it is found outside the territory of the Launching Authority
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State Practice Under Article 5

The OOSA web page lists 4 cases since 2000 in which States have given official notifications to the UN Secretary-General under Article 5 The notifications are from Japan, United States, South Africa and Saudi Arabia (see Appendix to paper) Saudi Arabia gave notice to the UN SecretaryGeneral and the USA, and cited Article 5 (1), even though it is not a Contracting Party
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Expenses of Recovery & Return Article 5(5)

Article 5(5) provides that the Launching Authority

shall bear the expenses of a Contracting Party in fulfilling its obligations

under Article 5(2) to recover a space object or under Article 5(3) to return a space object

There is no equivalent provision for the rescue and return of astronauts

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Hazardous Space Objects Article 5(4)

Article 5(4) applies when a Contracting Party discovers that a space object in its territory (or recovered by it elsewhere) is hazardous If notified, the Launching Authority must immediately take effective steps to eliminate possible danger of harm The steps taken by the Launching Authority must be under the direction and control of the Contracting Party
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Rescue Agreement and Customary International Law

It can be argued that Articles 5(1) 5(3) on recovery and return of space objects are binding as customary international law because:

There is widespread & representative participation in the convention, including the most seriously affected States Even States that are not Parties (e.g. Saudi Arabia) have followed Article 5
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Rescue Agreement and Customary International Law

It is more difficult to argue that the obligation on the Launching Authority under Article 5(5) to bear the expenses of Contracting Parties in the recovery & return of space objects is customary international law Although there is an absence of state practice, it can be argued that Articles 1 to 4 on the rescue & return of astronauts are customary international law
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Reasons for Ratification - 1

1.

Although the provisions on the rescue & return of astronauts favor the space powers, the obligations they place on Contracting Parties are not onerous. Furthermore, they are consistent with humanitarian principles and the principle that all states should cooperate in the use of outer space.

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Reasons for Ratification - 2

2.

The provisions on the recovery & return of space objects give benefits to Parties: Launching Authority is obliged to bear the expenses of a Contracting Party in recovering and returning a space object Launching Authority must take effective steps to eliminate possible danger of harm if a space object is found to be hazardous
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Reasons for Ratification - 3

3.

The Agreement does not compromise the principle of territorial sovereignty: Operations of Launching Authority to assist in search & rescue operations are subject to the direction & control of Contracting Party Steps taken by a Launching Authority to eliminate possible danger of harm from hazardous space objects are subject to the direction & control of Contracting Party
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Reasons for Ratification 4 & 5

4.

In most States it will not be necessary to pass legislation to implement the Agreement States that are not parties should consider becoming Contracting Parties so that their rights and obligations are more clear and certain
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5.

Conclusions

The provisions in the 1968 Rescue Agreement are as applicable today as they were 1968 The provisions are generally straightforward and non-controversial States who are currently not Parties to the 1968 Rescue Agreement should consider becoming Parties
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