(20) AGREEMENT GOVERNING THE ACTIVITIES OF STATES ON
THE MOON AND OTHER CELESTIAL BODIES(Adopted on December 14, 1979, Resolution
A/34/68 by the UN General Assembly 34st Session, Proclaimed July 11, 1984)
The States Parties to this Agreement,
Noting the achievements of States in the exploration
and use of the Moon and other celestial bodies,
Recognizing that the Moon, as a natural satellite of the
Earth, has an important role to play in the exploration of outer space,
Determined to promote on the basis of equality the
further development of cooperation among States in the exploration and use of
the Moon and other celestial bodies,
Desiring to prevent the Moon from becoming an area of
international conflict,
Bearing in mind the benefits which may be derived from the
exploitation of the natural resources of the Moon and other celestial bodies,
Recalling the Treaty on Principles Governing the
Activities of States in the Exploration and Use of Outer Space, including the
Moon and Other Celestial Bodies,1 the Agreement on the Rescue of
Astronauts, the Return of Astronauts and the Return of Objects Launched into
Outer Space,2 the Convention on International Liability for Damage
Caused by Space Objects,3 and the Convention on Registration of
Objects Launched into Outer Space,4
Taking into account the need to define and develop the provisions
of these international instruments in relation to the Moon and other celestial
bodies, having regard to further progress in the exploration and use of outer
space,
Have agreed on the following:
Article 1
1.
|
The
provisions of this Agreement relating to the Moon shall also apply to other
celestial bodies within the solar system, other than the Earth, except
insofar as specific legal norms enter into force with respect to any of these
celestial bodies.
|
2.
|
For the
purposes of this Agreement reference to the Moon shall include orbits around
or other trajectories to or around it.
|
3.
|
This
Agreement does not apply to extraterrestrial materials which reach the
surface of the Earth by natural means.
|
Article 2
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 United
Nations, and taking into account the Declaration on Principles of International
Law concerning Friendly Relations and Cooperation among States in accordance
with the Charter of the United Nations,5 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.
Article 3
1.
|
The Moon
shall be used by all States Parties exclusively for peaceful purposes.
|
2.
|
Any threat
or use of force or any other hostile act or threat of hostile act on the Moon
is prohibited. It is likewise prohibited to use the Moon in order to commit
any such act or to engage in any such threat in relation to the Earth, the
Moon, spacecraft, the personnel of spacecraft or man-made space objects.
|
3.
|
States
Parties shall not place in orbit around or other trajectory to or around the
Moon objects carrying nuclear weapons or any other kinds of weapons of mass
destruction or place or use such weapons on or in the Moon.
|
4.
|
The
establishment of military bases, installations and fortifications, the
testing of any type of weapons and the conduct of military manoeuvres on the
Moon shall be forbidden. The use of military personnel for scientific
research or for any other peaceful purposes shall not be prohibited. The use
of any equipment or facility necessary for peaceful exploration and use of
the Moon shall also not be prohibited.
|
Article 4
1.
|
The
exploration and use of the Moon shall be the province of all mankind and
shall be carried out for the benefit and in the interests of all countries,
irrespective of their degree of economic or scientific development. Due
regard shall be paid to the interests of present and future generations as
well as to the need to promote higher standards of living and conditions of
economic and social progress and development in accordance with the Charter
of the United Nations.
|
2.
|
States
Parties shall be guided by the principle of cooperation and mutual assistance
in all their activities concerning the exploration and use of the Moon.
International cooperation in pursuance of this Agreement should be as wide as
possible and may take place on a multilateral basis, on a bilateral basis or through
international intergovernmental organizations.
|
Article 5
1.
|
States
Parties shall inform the Secretary-General of the United Nations as well as
the public and the international scientific community, to the greatest extent
feasible and practicable, of their activities concerned with the exploration
and use of the Moon. Information on the time, purposes, locations, orbital
parameters and duration shall be given in respect of each mission to the Moon
as soon as possible after launching, while information on the results of each
mission, including scientific results, shall be furnished upon completion of
the mission. In the case of a mission lasting more than sixty days,
information on conduct of the mission, including any scientific results,
shall be given periodically, at thirty-day intervals. For missions lasting
more than six months, only significant additions to such information need be
reported thereafter.
|
2.
|
If a State
Party becomes aware that another State Party plans to operate simultaneously
in the same area of or in the same orbit around or trajectory to or around
the Moon, it shall promptly inform the other State of the timing of and plans
for its own operations.
|
3.
|
In carrying
out activities under this Agreement, States Parties shall promptly inform the
Secretary-General, as well as the public and the international scientific
community, of any phenomena they discover in outer space, including the Moon,
which could endanger human life or health, as well as of any indication of
organic life.
|
Article 6
1.
|
There shall
be freedom of scientific investigation on the Moon by all States Parties
without discrimination of any kind, on the basis of equality and in
accordance with international law.
|
2.
|
In carrying
out scientific investigations and in furtherance of the provisions of this
Agreement, the States Parties shall have the right to collect on and remove
from the Moon samples of its mineral and other substances. Such samples shall
remain at the disposal of those States Parties which caused them to be
collected and may be used by them for scientific purposes. States Parties
shall have regard to the desirability of making a portion of such samples
available to other interested States Parties and the international scientific
community for scientific investigation. States Parties may in the course of
scientific investigations also use mineral and other substances of the Moon
in quantities appropriate for the support of their missions.
|
3.
|
States
Parties agree on the desirability of exchanging scientific and other
personnel on expeditions to or installations on the Moon to the greatest
extent feasible and practicable.
|
Article 7
1.
|
In exploring
and using the Moon, States Parties shall take measures to prevent the
disruption of the existing balance of its environment, whether by introducing
adverse changes in that environment, by its harmful contamination through the
introduction of extra-environmental matter or otherwise. States Parties shall
also take measures to avoid harmfully affecting the environment of the Earth
through the introduction of extraterrestrial matter or otherwise.
|
2.
|
States
Parties shall inform the Secretary-General of the United Nations of the
measures being adopted by them in accordance with paragraph 1 of this article
and shall also, to the maximum extent feasible, notify him in advance of all
placements by them of radioactive materials on the Moon and of the purposes
of such placements.
|
3.
|
States
Parties shall report to other States Parties and to the Secretary-General
concerning areas of the Moon having special scientific interest in order
that, without prejudice to the rights of other States Parties, consideration
may be given to the designation of such areas as international scientific
preserves for which special protective arrangements are to be agreed upon in
consultation with the competent bodies of the United Nations.
|
Article 8
1.
|
States
Parties may pursue their activities in the exploration and use of the Moon
anywhere on or below its surface, subject to the provisions of this Agreement.
|
2.
|
For these
purposes States Parties may, in particular:
(a)
|
Land their
space objects on the Moon and launch them from the Moon;
|
(b)
|
Place their
personnel, space vehicles, equipment, facilities, stations and installations
anywhere on or below the surface of the Moon.
Personnel,
space vehicles, equipment, facilities, stations and installations may move or
be moved freely over or below the surface of the Moon.
|
|
3.
|
Activities
of States Parties in accordance with paragraphs 1 and 2 of this article shall
not interfere with the activities of other States Parties on the Moon. Where
such interference may occur, the States Parties concerned shall undertake
consultations in accordance with article 15, paragraphs 2 and 3, of this
Agreement.
|
Article 9
1.
|
States
Parties may establish manned and unmanned stations on the Moon. A State Party
establishing a station shall use only that area which is required for the
needs of the station and shall immediately inform the Secretary-General of
the United Nations of the location and purposes of that station.
Subsequently, at annual intervals that State shall likewise inform the
Secretary-General whether the station continues in use and whether its
purposes have changed.
|
2.
|
Stations
shall be installed in such a manner that they do not impede the free access
to all areas of the Moon of personnel, vehicles and equipment of other States
Parties conducting activities on the Moon in accordance with the provisions
of Agreement or of article I of the Treaty on Principles Governing the
Activities of States in the Exploration and Use of Outer Space, including the
Moon and Other Celestial Bodies.
|
Article 10
1.
|
States
Parties shall adopt all practicable measures to safeguard the life and health
of persons on the Moon. For this purpose they shall regard any person on the
Moon as an astronaut within the meaning of article V of the Treaty on
Principles Governing the Activities of States in the Exploration and Use of
Outer Space, including the Moon and Other Celestial Bodies and as part of the
personnel of a spacecraft within the meaning of the Agreement on the Rescue
of Astronauts, the Return of Astronauts and the Return of Objects Launched
into Outer Space.
|
2.
|
States
Parties shall offer shelter in their stations, installations, vehicles and
other facilities to persons in distress on the Moon.
|
Article 11
1.
|
The Moon and
its natural resources are the common heritage of mankind, which finds its
expression in the provisions of this Agreement, in particular in paragraph 5
of this article.
|
2.
|
The Moon is
not subject to national appropriation by any claim of sovereignty, by means
of use or occupation, or by any other means.
|
3.
|
Neither the
surface nor the subsurface of the Moon, nor any part thereof or natural
resources in place, shall become property of any State, international
intergovernmental or non-governmental organization, national organization or
non-governmental entity or of any natural person. The placement of personnel,
space vehicles, equipment, facilities, stations and installations on or below
the surface of the Moon, including structures connected with its surface or
subsurface, shall not create a right of ownership over the surface or the
subsurface of the Moon or any areas thereof. The foregoing provisions are
without prejudice to the international regime referred to in paragraph 5 of
this article.
|
4.
|
States
Parties have the right to exploration and use of the Moon without
discrimination of any kind, on the basis of equality and in accordance with
international law and the terms of this Agreement.
|
5.
|
States
Parties to this Agreement hereby undertake to establish an international
regime, including appropriate procedures, to govern the exploitation of the
natural resources of the Moon as such exploitation is about to become feasible.
This provision shall be implemented in accordance with article 18 of this
Agreement.
|
6.
|
In order to
facilitate the establishment of the international regime referred to in
paragraph 5 of this article, States Parties shall inform the
Secretary-General of the United Nations as well as the public and the
international scientific community, to the greatest extent feasible and
practicable, of any natural resources they may discover on the Moon.
|
7.
|
The main
purposes of the international regime to be established shall include:
(a)
|
The orderly
and safe development of the natural resources of the Moon;
|
(b)
|
The rational
management of those resources;
|
(c)
|
The
expansion of opportunities in the use of those resources;
|
(d)
|
An equitable
sharing by all States Parties in the benefits derived from those resources,
whereby the interests and needs of the developing countries, as well as the
efforts of those countries which have contributed either directly or
indirectly to the exploration of the Moon, shall be given special
consideration.
|
|
8.
|
All the
activities with respect to the natural resources of the Moon shall be carried
out in a manner compatible with the purposes specified in paragraph 7 of this
article and the provisions of article 6, paragraph 2, of this Agreement.
|
Article 12
1.
|
States
Parties shall retain jurisdiction and control over their personnel, vehicles,
equipment, facilities, stations and installations on the Moon. The ownership
of space vehicles, equipment, facilities, stations and installations shall
not be affected by their presence on the Moon.
|
2.
|
Vehicles,
installations and equipment or their component parts found in places other
than their intended location shall be dealt with in accordance with article 5
of the Agreement on the Rescue of Astronauts, the Return of Astronauts and
the Return of Objects Launched into Outer Space.
|
3.
|
In the event
of an emergency involving a threat to human life, States Parties may use the
equipment, vehicles, installations, facilities or supplies of other States
Parties on the Moon. Prompt notification of such use shall be made to the
Secretary-General of the United Nations or the State Party concerned.
|
Article 13
A State Party
which learns of the crash landing, forced landing or other unintended landing
on the Moon of a space object, or its component parts, that were not launched
by it, shall promptly inform the launching State Party and the
Secretary-General of the United Nations.
Article 14
1.
|
States
Parties to this Agreement shall bear international responsibility for
national activities on the Moon, whether such activities are carried on by
governmental agencies or by non-governmental entities, and for assuring that
national activities are carried out in conformity with the provisions set
forth in this Agreement. States Parties shall ensure that non-governmental
entities under their jurisdiction shall engage in activities on the Moon only
under the authority and continuing supervision of the appropriate State
Party.
|
2.
|
States
Parties recognize that detailed arrangements concerning liability for damage
caused on the Moon, in addition to the provisions of the Treaty on Principles
Governing the Activities of States in the Exploration and Use of Outer Space,
including the Moon and Other Celestial Bodies and the Convention on
International Liability for Damage Caused by Space Objects, may become
necessary as a result of more extensive activities on the Moon. Any such
arrangements shall be elaborated in accordance with the procedure provided for
in article 18 of this Agreement.
|
Article 15
1.
|
Each State
Part may assure itself that the activities of other States Parties in the
exploration and use of the Moon are compatible with the provisions of this
Agreement. To this end, all space vehicles, equipment, facilities, stations
and installations on the Moon shall be open to other States Parties. Such
States Parties shall give reasonable advance notice of a projected visit, in
order that appropriate consultations may be held and that maximum precautions
may be taken to assure safety and to avoid interference with normal
operations in the facility to be visited. In pursuance of this article, any
State Party may act on its own behalf or with the full or partial assistance
of any other State Party or through appropriate international procedures
within the framework of the United Nations and in accordance with the
Charter.
|
2.
|
A State
Party which has reason to believe that another State Party is not fulfilling
the obligations incumbent upon it pursuant to this Agreement or that another
State Party is interfering with the rights which the former State has under
this Agreement may request consultations with that State Party. A State Party
receiving such a request shall enter into such consultations without delay.
Any other State Party which requests to do so shall be entitled to take part
in the consultations. Each State Party participating in such consultations
shall seek a mutually acceptable resolution of any controversy and shall bear
in mind the rights and interests of all States Parties. The Secretary-General
of the United Nations shall be informed of the results of the consultations
and shall transmit the information received to all States Parties concerned.
|
3.
|
If the
consultations do not lead to a mutually acceptable settlement which has due
regard for the rights and interests of all States Parties, the parties
concerned shall take all measures to settle the dispute by other peaceful
means of their choice appropriate to the circumstances and the nature of the
dispute. If difficulties arise in connection with the opening of
consultations or if consultations do not lead to a mutually acceptable
settlement, any State Party may seek the assistance of the Secretary-General,
without seeking the consent of any other State Party concerned, in order to
resolve the controversy. A State Party which does not maintain diplomatic
relations with another State Party concerned shall participate in such
consultations, at its choice, either itself or through another State Party or
the Secretary-General as intermediary.
|
Article 16
With the
exception of articles 17 to 21, references in this Agreement to States shall be
deemed to apply to any international intergovernmental organization which
conducts space activities if the organization declares its acceptance of the
rights and obligations provided for in this Agreement and if a majority of the
States members of the organization are States Parties to this Agreement and to
the Treaty on Principles Governing the Activities of States in the Exploration
and Use of Outer Space, including the Moon and Other Celestial Bodies. States
members of any such organization which are States Parties to this Agreement
shall take all appropriate steps to ensure that the organization makes a
declaration in accordance with the foregoing.
Article 17
Any State
Party to this Agreement may propose amendments to the Agreement. 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 to the Agreement on the
date of acceptance by it.
Article 18
Ten years
after the entry into force of this Agreement, the question of the review of the
Agreement shall be included in the provisional agenda of the General Assembly
of the United Nations in order to consider, in the light of past application of
the Agreement, whether it requires revision. However, at any time after the
Agreement has been in force for five years, the Secretary-General of the United
Nations, as depositary, shall, at the request of one third of the States
Parties to the Agreement and with the concurrence of the majority of the States
Parties, convene a conference of the States Parties to review this Agreement. A
review conference shall also consider the question of the implementation of the
provisions of article 11, paragraph 5, on the basis of the principle referred
to in paragraph 1 of that article and taking into account in particular any
relevant technological developments.
Article 19
1.
|
This
Agreement shall be open for signature by all States at United Nations
Headquarters in New York.
|
2.
|
This
Agreement shall be subject to ratification by signatory States. Any State
which does not sign this Agreement before its entry into force in accordance
with paragraph 3 of this article may accede to it at any time. Instruments of
ratification or accession shall be deposited with the Secretary-General of
the United Nations.
|
3.
|
This
Agreement shall enter into force on the thirtieth day following the date of
deposit of the fifth instrument of ratification.
|
4.
|
For each
State depositing its instrument of ratification or accession after the entry
into force of this Agreement, it shall enter into force on the thirtieth day
following the date of deposit of any such instrument.
|
5.
|
The
Secretary-General shall promptly inform all signatory and acceding States of
the date of each signature, the date of deposit of each instrument of
ratification or accession to this Agreement, the date of its entry into force
and other notices.
|
Article 20
Any State
Party to this Agreement may give notice of its withdrawal from the Agreement
one year after its entry into force by written notification to the
Secretary-General of the United Nations. Such withdrawal shall take effect one
year from the date of receipt of this notification.
Article 21
The original
of this Agreement, of which the Arabic, Chinese, English, French, Russian and
Spanish texts are equally authentic, shall be deposited with the
Secretary-General of the United Nations, who shall send certified copies
thereof to all signatory and acceding States.
In witness whereof
the undersigned, being duly authorized thereto by their respective Governments,
have signed this Agreement, opened for signature at New York on the eighteenth
day of December, one thousand nine hundred and seventy-nine.
4Resolution 3235 (XXIX), annex.
5Resolution 2625 (XXV), annex.
|