Global Commons and

Outer Space Treaty.

SUPERVISED BY :- SUBMITTED BY :-
MRS.RAKHI SHARMA HARSHITA VERMA
UFYLC,FACULTY SEMESTER- VIII A
Roll No. 35
Global Commons

 Global commons basically refer to the global resources which are common-pool
resources. They are the resources which are common property. According to the
World Conservation Strategy Report on conservation published by the
International Union for Conservation of Nature and Natural Resources (IUCN) in
collaboration with UNESCO: “A ‘commons’ is a tract of land or water owned or
used jointly by the members of a community. The global commons include those
parts of the Earth's surface beyond national jurisdictions; notably the open ocean
and the living sources found there or held in common; notably the atmosphere.”
OUTER SPACE

 Outer space, or just space, is the expanse that exists beyond the Earth and
between celestial bodies.
 ‘Outer-space’ is a global common resource.
 Outer Space is generally the space immediately outside the earth's atmosphere.
 LEGAL STATUS OF OUTER SPACE
(1) The Outer Space Treaty
Outer Space Treaty, 1967 is a landmark event in this connection. Some of the important provisions of the Outer Space
Treaty of 1967 are as follows-
 Outer space, including the moon and other celestial bodies, shall be free for exploration and use by all States without
discrimination of any kind, on a basis of equality and in accordance with international law, there shall be free access to
all areas of celestial bodies. There shall be freedom of scientific investigation in outer space.
 The moon and other celestial bodies shall be used by all States parties in the Treaty exclusively for peaceful purposes.
The establishment of military bases, installations and fortifications, the testing of any type of weapons and the conduct
of military manoeuvres on celestial bodies shall be forbidden.
 States parties to the Treaty shall regard astronauts as envoys of mankind in outer space and shall render to them all
possible assistance in the even to accident, distress or emergency landing on 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 State of registry
of their space vehicle.
 A State Party to the Treaty on whose registry an object launched into outer space is carried shall retain jurisdiction and
control over such object and over any personnel thereof, while in outer space or on a celestial body.
(2) The agreement on the Rescue of Astronauts. the Return of Astronauts and the Return of
Objects Launched Inter Outer Space, 1967.
Yet another landmark in the development of space law is the Agreement on the Rescue of Astronauts, The Return of
Astronauts and the Return of Objects Launched into outer space which was commended upon by the General Assembly
on December 10, 1967. The agreement entered into force in December, 1968. As of May 2013, 92 countries have ratified
the Agreement and 24 others have signed. The Agreement provides that each contracting party which receives
information or discovers that the personnel of a space craft have suffered accident or are experiencing conditions of
distress or have made an emergency, or unintended landing in territory under its jurisdiction or on the high seas or in any
other place not under the jurisdiction of any State shall immediately.
 (a) notify the launching authority or, if it cannot identify and immediately communicate with the launching
authority, immediately make a public announcement by all appropriate means of communication at its disposal;
 (b) notify the Secretary-General of the United Nations, who should disseminate the information without delay by all
appropriate means of communication at his disposal. If owing to accident, distress, emergency or unintended landing,
the personnel of a spacecraft land in territory under the jurisdiction of a contracting party, it shall immediately take
all possible steps to rescue them and render them all necessary assistance It shall inform the launching authority and
also the Secretary-General of the U. N. of the steps it is taking and of their progress. If owing to accident, distress,
emergency or unintended landing the personnel of a space earth land territory under the jurisdiction of a contracting
party or have been found on the high seas or in any other place not under the jurisdiction of any State, they shall be
returned to representatives of the launching authority. Expenses incurred in fulfilling obligations to recover and
return a space object or its component parts shall be bome by the launching authority.
(3) The Convention on International Liability for Damage caused by Space Objects, 1971.
The third great landmark in the development of international space law Convention on International Liability for
Damage caused by Space Objects, which was agreed on and commended by the General Assembly on November 29,
1971.The convention entered into force in September 1972. The convention provides the launching State shall be
absolutely liable to pay compensation for damage caused by the space object on the surface of the earth or to aircraft or
to aircraft in flight. In the event of damage being caused elsewhere than on the surface of the earth to a space object of
one launching State or to persons or property on board such a space object of another launching State, the latter shall be
liable only if the damage is due to its fault or the fault of persons for whom it is responsible. Whenever two or more
States jointly launched a space object, they shall be jointly and severally liable for any damage caused The convention
provides for the establishment of a Claims Commission in case there is no settlement between the State which suffers
damage and the launching State.
(4) The Convention on Registration of Objects Launched into Outer Space, 1974.
Fourth landmark is Convention on Registration of Objects Launched into Outer Space which was adopted by the U. N.
General Assembly on 12 November, 1974 .The Convention on Registration of Object Launched into Outer-Space
entered into force on 15th September 1976, after its ratified by the U.S., Bulgaria, Canada, France and Sweden were the
four countries who had ratified it earlier. India acceded to the convention on 18 January, 1982 As of 2014, 62 countries
have ratified the convention. Besides this, two intergovernmental-organisations (European Space Agency and European
Organisation for the Exploitation Meteorological Satellites) have declared their acceptance of the rights and obligation
provided in the Registration Convention.
(5) The Agreement Governing the Activities of States on the Moon and other Celestial Bodies,
1979.
The fifth landmark is the Agreement Governing the Activities of States on the Moon and other Celestial Bodies which
was adopted by the General Assembly on 5th December 1979 as an annex of Resolution 34/68. The Agreement entered
into force on 11 July, 1994
 The main provisions of this agreement are following that 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 UN 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 cooperation, and mutual
understanding and with due regard to the corresponding interests of all other States Parties.
(6) Vienna Conference on the Exploration and Peaceful Uses of Outer Space (UNISPACE-82 or
UNISPACE)
The UNISPACE-82 was held at Vienna from August 9 to August 22, 1982. with 94 States participants and 45 observers.
The Conference reviews the developments in the field of outer space taking place since 1968. The conference appealed
the States not to increase arm race beyond earth. This appeal was specially directed to States having nuclear capability.
A report adopted by consensus asked the States to follow outer space Treaty, 1967 which has prohibited the use of
weapons of mass destruction in outer space.
 It is unfortunate that the two great powers-U.S.A. and the U.S.S.R.-are lying each other in production of most
advanced weapons of destruction instead of establishing peace in the outer space. The UNISPACE-82 also
considered the question of monopoly of some industrialized countries in the field of science and technology and
recommended increased cooperation between the developed and developing countries in this respect.
(7) UNISPACE-III
The third U.N. Conference on exploration and Peaceful Uses of Outer Space (.e. UNISPACE II) was held in Vienna
(Austria) from 19 to 30 July, 1999. The objective of the conference was to create a blueprint for the peaceful uses of
outer space in the 21st century. It considered the following subjects:
1. Future of Exploration of Planets;
2. Use of Microwave systems or microsatellites in the exploration of space;
3. Security of future outer space programmes in respect of debris of outer space;
4. Maintenance and supervision of outer space based environment, and
5. Use of Mobile Satellite Communication.

(8) International Space Year (IS). 1992

 N.B. This has already been discussed earlier in this Chapter.
 India’s Mission to the Moon. – This has already been discussed earlier under the caption, "The Agreement
Governing the Activities of the States on the Moon and other ensuring a uniform and progressive economic
and technological development of the entire.
 The main object of Outer Space Treaty, 1967
 The benefit and the interests of all countries should be of paramount importance while exploring the outer
space and the same shall be the province of all mankind;
 Outer space, being a global common resource is not subject to national appropriation by claim of
sovereignty, by means of use or occupation, or by any other means; and the same shall be free for
exploration and use by all States.
 States shall follow the strict principle of de-weaponization and shall not place nuclear weapons or other
weapons of mass destruction in on celestial bodies or in orbit or position them in outer space in any other
manner;
 Other celestial bodies and the Moon shall be used solely for peaceful purposes; Astronauts shall be
regarded as the envoys of mankind;
 States shall take responsibility for its national space activities, whether carried out by governmental or non-
governmental entities;
 States shall be liable for damage caused by their space objects; and
 States shall avoid harmful contamination of celestial bodies and space.
 This Treaty has been ratified by 104 countries and have many countries as signatories as well.
THANK YOU 