LETTER OF SUBMITTAL Washington, D.C., March Senator HOWARD W. CANNON, Chairman, Committee on Commerce, Science, and Tran U.S. Senate, Washington, D.C. DEAR SENATOR CANNON: In accordance with the contract between the Senate Committee on Commerce, Science, and T tion and myself, dated December 11, 1979, and approved by Committee on Rules and Administration on December 19, submitting herewith my analytical report on the "Agreemer ing the Activities of States on the Moon and Other Celesti History and Analysis". This report is comprised of a background on U.S. policy c this subject, a history of negotiations in the United Nations through 1979, a section-by-section comparative analysis w treaties now in force and other relevant documents, and a fir on the issues and questions raised by the analysis. The "issue may serve as a basis for hearings on this proposed treaty c the Moon and Other Celestial Bodies. With appreciation for the opportunity of working on th Sincerely yours, EILENE GAL (V) PREFACE The purpose of this committee print is to provide infor the Agreement Governing the Activities of States on the 1 other Celestial Bodies. Although called an agreement it is treaty; therefore, if signed by the Government of the Unit it must be sent to the U.S. Senate for advice and consent to ra This agreement is frequently referred to as the Moon tre ever, it is not a treaty that deals only with the Moon but celestiol bodies within our solar system. The purpose of the agreement is to provide the basic legal to guide the behavior of States (nations), international orga and individuals in the exploration and use of celestial bod than Earth (including certain orbits and trajectories) w solar system. Additionally, the agreement includes proposal development and use of extraterrestrial materials. A draft Moon treaty was first introduced into the United Committee on the Peaceful Uses of Outer Space (COPUOS) During the years 1972-79, the draft Moon treaty was consi the Legal Subcommittee of COPUOS but the subcommittee able to achieve consensus on the final text. After its Legal Subcommittee failed to reach agreement e the year, the United Nations Committee on the Peaceful Uses Space, on the last day of its 22d session, July 3, 1979, reache sensus on the draft agreement governing the activities of s the Moon and other celestial bodies, and submitted it to the Assembly at its 34th session for consideration, final adopt opening for signature. On November 2, 1979, the Special] Committee of the United Nations adopted a draft resolution sored by 34 countries, subsequently 38) commending the ag and requesting the Secretary General to open the agreement fo ture and ratification at the earliest possible date; and, recom to the General Assembly the adoption of the resolution. On December 5, 1979, the United Nations General Assembly the agreement governing the activities of states on the Mo other celestial bodies by resolution 34/68. The agreement was opened for signature on December 18, If the United States signs the treaty, and it is sent to the U.S for advice and consent to ratification it most probably will be n to the Committee on Foreign Relations which has jurisdiction treaties. However, the Committee on Commerce, Science, and portation has legislative jurisdiction over most civil space pr and oversight jurisdiction over all space programs. Therefore, th mittee on Commerce, Science, and Transportation has an int any proposed law which affects the use of the space environme a duty to examine, from its perspective. whether any such pr law is in the best interest of the United States. (VII) Consequently, last fall, when it became clear that the United Nations would open this agreement for signature, the committee initiated the preparation of three reports on the agreement. Both the Congressional Research Service and the Office of Technology Assessment were requested to prepare reports; a third study was contracted for with Mrs. Eilene Galloway, who served as Special Consultant to the Senate Special Committee on Space and Astronautics (1958-59) and to the Senate Committee on Aeronautical and Space Sciences (1959-77). Upon retiring as Senior Specialist in International Relations, Congressional Research Service, Library of Congress, Mrs. Galloway became a consultant on international space activities. She is now honorary director of the International Institute of Space Law of the International Astronautical Federation, and president of the Theodore Von Karman Memorial Foundation, Inc. The first report by Mrs. Eilene Galloway consists of a summary of the negotiations in the United Nations on the agreement, a section-by-section comparative analysis with other space treaties now in force, and a statement of issues and questions raised by the above analyses. The report by the Congressional Research Service (CRS) will follow the pattern of reports prepared by the service on earlier space treaties negotiated in the United Nations. Briefly, the report will contain an explanation of each article of the agreement, an analysis of the article, such pro or con discussion as appropriate, background material, a survey of applicable international law, and such other information as found appropriate by the CRS. The report by the Office of Technology Assessment (OTA) will be a small scale assessment of the impact the agreement would have on the capability of the United States to exploit extraterrestrial materials. The three studies are planned to dovetail with one another, and provide a comprehensive analysis of this proposed space treaty. This volume consists of two parts, part one is the report prepared by Mrs. Eilene Galloway. Part two consists of the text of the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, those international agreements mentioned in the text of the agreement, and several other international documents deemed useful in understanding this proposal for governing the activities of states on all celestial bodies within our solar system. The CRS and OTA reports on the agreement will be published later as committee prints. ed Nations t were f ant to the earlier report nt, an ›riate, , and CONTENTS History of negotiations on the Moon agreement.. U.S.S.R. draft treaty concerning the Moon, 1971. UN draft treaty relating to the Moon, 1972- U.S.S.R. on common heritage of all mankind, 1973- Argentina's reply on common heritage, 1973- U.S.S.R. position 1972-78.. Legal subcommittee results, 1979. Action by UN Committee on the Peaceful Uses of Outer UN Special Political Committee action, 1979.. UN General Assembly adopted Moon agreement, 1979... Comparison of the Moon Agreement with other international documen Treaty on Principles Governing the Activities of States in the E ration and Use of Outer Space, Including the Moon and Agreement on the Rescue of Astronauts, the Return of Astronaut the Return of Objects Launched Into Outer Space. Convention on International Liability for Damage Caused by S Convention on Registration of Objects Launched Into Outer Spa Law of the Sea draft treaty text... Convention on the Prohibition of Military or any Other Hostile Agreement governing the activities of states on the Moon and Treaty on Principles Governing the Activities of States in the Explor and Use of Outer Space, Including the Moon and Other Celestial B Agreement on the rescue of astronauts, the return of astronauts and return of objects launched into outer space (December 3, 1968)____ Convention on International Liability for Damage Caused by S Convention on Registration of Objects Launched Into Outer Space Charter of the United Nations.. The Antarctic Treaty (June 23, 1961).. Declaration on Principles of International Law Concerning Frie Relations and Cooperation Among States in Accordance with the Cha of the United Nations (adopted by the General Assembly on October Convention on the Prohibition of Military or any Other Hostile Us Environmental Modification Techniques (Ratified by United Sta |