The Return of Objects Launched into Outer Space: some legal questions

Paper number

IAC-08.E8.2.2

Author

Prof. Juan Manuel de Faraminan Gilbert, University of Jaen, Spain

Coauthor

Dr. Maria del Carmen Munoz Rodriguez, University of Jaen, Spain

Year

2008

Abstract

The 1967 Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, was drawn up under heavy pressure from the space powers and in the shadow of the first fatal accidents linked to space activities. As can be seen, the text of this Treaty emphasises the dangerous, risky nature of space activities, given that during an actual activity or in the moments just before its completion, circumstances may fail to produce a positive outcome and unfortunately there have already been many accidents that have led to the loss of human life, involving either astronauts or staff on the ground, as well as of objects.
	
The Agreement provided the opportunity to describe in greater detail the duties listed in article V of the 1967 Outer Space Treaty, putting them in more concrete form and expressing human feeling. In this respect, Lacleta Muñoz points out that the Agreement “only attempts to draw out the logical consequences of the principle whereby astronauts are considered the envoys of mankind and of the principle of cooperation, although, looking at this from a different angle, one might also think of the space powers' interest in preventing their space objects, or remains of those objects, from being recovered and analysed by countries other than the launching State”. This was in line with the various statements by representatives of States at the session of the United Nations General Assembly that approved Resolution 2345(XXII). Paradoxically, in spite of this being a "precautionary" international treaty, in that the intention was to establish rules so that those involved would know how they could and/or should react in the face of dangerous situations or tragic outcomes, for astronauts or space objects, it has not to date been applied to any extent, as accidents have so far been dealt with by the launching States.

This paper is being prepared in the framework of the Spanish Ministry of Education and Science's Research Project “Convergence and divergence of legal regimes concerning outer space and specific marine areas” (SEJ2004-06116).

Abstract document

IAC-08.E8.2.2.pdf

Manuscript document

IAC-08.E8.2.2.pdf (🔒 authorized access only).

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