THE MOON AGREEMENT & INDIA
Author – Janani. A, student at The Tamil Nadu Ambedkar law University.
Abstract
We generally know that agreement are of different types that can be made between individuals, business and other entities. The necessary requirement of agreement is to avoid disputes among members for their consideration. Usually, we heard of making agreements for purchase, sales and so on but have you ever heard of making agreement of moon (i.e.,) The moon agreement. It is the agreement made for the some regulations and does not prohibits the use of natural resources as it is common to all mankind.
Key words:
Moon agreement , Multilateral treaty, Extraterrestrial , Celestial bodies .
Agreement
Agreement is meeting of minds with intention. An agreement can be accepted by words or written or by conduct. According to the Indian contract act of 1872, sec 2(e) States agreement “ every promises and every set of promises forming the consideration for each other”.
Moon agreement
India and other parties were signed the agreement in 1979, called as ‘The Moon agreement’. It is the agreement for governing the activities of states on moon and other celestial bodies. It’s other wise known as ‘moon treaty ‘. It is a multilateral treaty that’s turn into jurisdiction of all other celestial body over to participants.
The moon treaty was contemplated and intransitive by legal subcommittee from 1972 to 1979. The agreement was approved by the General assembly in 1979 in the resolution 34/68. This agreement contribute that the moon, the other celestial bodies and it’s natural resources are common birthright of human being.
The desire or intention of moon treaty was to invite distinct regulation of activities of countries in space. In simple words, the moon agreement does not prohibit the use of natural resources and other celestial bodies in space, instead it needs parties to install an international rule to administer such usage.
Moon agreement was considered as a failure one because to date only 18 nations has been ratified but none of them has completed a mission to moon. Specially the missing counties are seriously engaged in space activities including Japan, china, Russia, United States and Germany. India and France have signed out but still date not ratified the agreement.
Objective
Since 1976, the outer space treaty was signed, the technologies and the society gradually develops, that requires amendment of right s and responsibilities among the citizens and government. The primary objective of Moon treaty of 1979, is to “contribute the fundamental legal principles for ruling or administering the behavior of state, international organizations and individuals who research or investigates the celestial bodies rather than Earth.
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
- 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 in so far as specific legal norms enter into force with respect to any of these celestial bodies.
- For the purposes of this Agreement reference to the moon shall include orbits around or other trajectories to or around it.
- 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 Co-operation among States in accordance with the Charter of the United Nations, adopted by the General Assembly on 24 October 1970, in the interests of maintaining international peace and security and promoting international co-operation and mutual understanding, and with due regard to the corresponding interests of all other States Parties.
Article 3
- The moon shall be used by all States Parties exclusively for peaceful purposes.
- 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.
- States Parties shall not place in orbit around or other trajectory to or around the moon objects carrying nuclear weapons or any other kind of weapons of mass destruction or place or use such weapons on or in the moon
- The establishment of military bases, installations and fortifications, the testing of any type of weapons and the conduct of military maneuvers 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
- 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.
- States Parties shall be guided by the principle of co-operation and mutual assistance in all their activities concerning the exploration and use of the moon. International co-operation 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
- 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 days’ intervals. For missions lasting more than six months, only significant additions to such information need be reported thereafter.
- 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.
- 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
- 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.
- 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.
- 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
- 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.
- 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 radio-active materials on the moon and of the purposes of such placements.
- 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.
Legal status
The agreement gives an account without perfection and result, and probably it may face a failure when some countries remains ratified especially who actively participated in space. One and only country (i.e.,) India has an independent spaceflight capabilities and facilities has been signed but not yet ratifies the treaty.
The Artemis accords were signed in 2020, not pointing out the treaty despite complicated the treaty. At that time of signing the accords the U.S president expressed an executive order knows as “Encouraging International support for the Recovery and use of space resources” additionally.
While Australia signing with both the moon agreement and the Artemis accords, there has been a discussion about they can be suitable together.
Conclusion
Analyzing the pros and the Cons of the Moon Agreement, 1979, it is evident that some major changes are required before making it binding on parties and non-parties, along with the ratification of major space faring powers. Thus, the UN should revise the present provisions of the Agreement and incorporate the required changes and also provide a better clarification on the already existing clauses. However, the genuine test of the Moon Agreement as a treaty as well as a customary law will only be possible after exploitation of the extra-territorial resources becomes technically and economically affordable.
Reference
https://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties/intromoon-agreement.html