INTRODUCTION

Rescue Agreement is an agreement on the rescue of astronauts, the return of astronauts and the return of objects launched into outer space. It was negotiated by the Legal Subcommittee of COPUOS from 1962-1968. The UN General Assembly adopted the text of the Rescue Agreement on 19 December 1967 (resolution 2345 (XXII)), and it came into force on 3 December 1968. As of January 2019, ninety eight states have approved the Rescue Agreement of 1968.

PROVISIONS

The Rescue Agreement requires that any state that is party to the agreement then whether because of accident, distress, emergency; it should provide all possible assistance to rescue. The states shall take all the possible steps and promptly return them to launching state.

THE OUTER SPACE TREATY

Implementation of the Outer Space Treaty; is reflected in the Preamble which notes the provisions and expresses the desire “to develop and give further concrete expression to these duties.”

Article 1, was one of the least controversial, and reflects the essential humanitarian purpose i.e. each contracting party on receiving information that the personnel of space craft have suffered accident or have made an emergency or unintended landing in territory under its jurisdiction, or on the high seas, or at any other place not under the jurisdiction of any state shall immediately –

a) Notify the launching authority or, if cannot identify and immediately communicate with 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.

Article 2, the controversy over this article arose out of the sensibilities of states which would be required to take “take all possible steps” to rescue them and render them all assistance. Such operations shall be subject to the direction and control of contracting party, which shall act close and continuing consultation with launching authority.

Article 3, provides for the rescue if personnel of spacecraft who have “alighted” on high seas or any other place not under the jurisdiction of any state. The Contracting Parties which are in position to do so, if necessary, extend assistance in search and rescue operations. They shall inform launching authority and Secretary General of the United Nations.

Article 4, If, owing to accident, distress, emergency or unintended landing, the personnel of a spacecraft land in 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 safely and promptly returned to representatives of the launching authority.

Thus, providing this option in Article 4 may be considered as an improvement in Article 5 of the Outer Space Treaty.

Article 5,

a) imposes the duty on the contracting party to notify the launching authority or Secretary General when receives information or discovers that a space object or its component parts has been come down its territory, on high seas or any other place. Similar to the intention of Article 1.

b) The obligation to recover the object or the component part; only arises where the launching authority has made request.

c) The return of objects which have landed on the territory of contracting party or on the high seas or in any other place not under jurisdiction of any state.

d) Notwithstanding clause b and c of this article, a contracting party which has to reason to believe that a space object or its component; is of a hazardous nature may so notify the launching authority.

e) Payment by the launching authority of expenses incurred by Contracting Party in recovering and returning a space object or its component pursuant to its obligation under clause b and c.

Article 6, under this a mechanism is provided through which an international organization may receive the benefits and incur the obligations of the agreement and to the treaty of principles governing the activities in the space Exploration and use of Outer Space, including moon and other celestial bodies.

Article 7, “This agreement shall be open to all States for signature,” it seeks to assure the attainment of a fundamental humanitarian objective – the saving of lives. The provisions of Article 7 set forth procedures of accession, ratification, deposit of instruments of ratification.

Article 8, “amendments shall enter into force for each State Party to the Agreement accepting the amendments upon their acceptance by a majority of the States Parties to the Agreement and thereafter for each remaining State Party on the date of acceptance by it”

Article 9, provides that a State Party may give a written notice of withdrawal from the agreement to the depositary Governments one year after its entry into force.

Article 10, provides equal authenticity of the English, Russian, French, Spanish and Chinese texts, and for the transmission of certified copies by the depositary Governments to the Governments of signatory and acceding States.

VARIATION NEEDED

Parties Entitled to be rescued – The Outer Space treaty does not provide a definition for the term ‘astronaut’ and a result it is unclear whether this provision applies to.

What is Astronaut?

An Astronaut could be described as a person who travels beyond Earth’s atmosphere for spaceflight. An Astronaut is ‘a person who has been trained for travelling in space.’

The Rescue Agreement adds some clarity to the issue by referring to the “personnel of a spacecraft” rather than “astronauts.” and as a result it is unclear whether this provision applies to, for example, a space tourist – a person who clearly has not received the training of a traditional astronaut.

CRITICISM

This agreement has been criticized for being undefined or vague. Concerned of

– Who is entitled to be rescued?

– What constitutes a spacecraft and its components?

– The cost burden of rescue mission.

CONCLUSION

The Rescue Agreement bears witness to the fact that the United Nations can make a real contribution to extending the rule of law to new areas and to insuring the positive and peaceful ordering of man’s efforts in science and the building of a better world. It now reflects a wide harmony, of views on procedures, to be considered applicable to the rescue of astronauts and other space objects

Author: Sristi Raichandani, Legal Intern at Legal Desire (June 2020)

An optimistic legal enthusiast persuing LLB at Deen Dayal Upadhyay University , Gorakhpur who aims to reach the peak of legal professionalism.

My best interests include legal research, social services and volunteer work. My real strength is my attention to detail and I Believe Satisfaction lies in the effort, not in the attainment.