On the accession of the Republic of Kazakhstan to the Agreement on the Activities of States on the Moon and Other Celestial Bodies

Home / RLA / On the accession of the Republic of Kazakhstan to the Agreement on the Activities of States on the Moon and Other Celestial Bodies

Law of the Republic of Kazakhstan dated May 15, 1997 No. 105-I

The Republic of Kazakhstan to join the Agreement on the Activities of States on the Moon and Other Celestial Bodies, signed in New York on December 18, 1979.

President

Republic of Kazakhstan

Agreement on the Activities of States on the Moon

and other celestial bodies

States - The Parties to this Agreement, noting the successes achieved by States in the exploration and use of the Moon and other celestial bodies, recognizing that the Moon, as a natural satellite of the Earth, plays an important role in space exploration, determined to promote, on the basis of equality, the further development of cooperation between States in the exploration and use of the Moon and other celestial bodies, desiring to prevent turning the moon into an area of international conflict, taking into account the benefits, which can be obtained from the development 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, the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, the Convention on International Liability for Damage Caused by Space Objects, and the Convention on Registration of Objects Launched into Outer Space. Taking into account the need to specify and develop the provisions of these international instruments in relation to the Moon and other celestial bodies, taking into account further progress in the exploration and use of outer space, agreed as follows:

Article 1 1. The provisions of this Agreement relating to the Moon shall also apply to other celestial bodies of the solar system other than the Earth, except in cases where specific legal provisions come into force with respect to any of these celestial bodies. 2. For the purposes of this Agreement, references to the Moon include orbits around the Moon or other flight paths to or around the Moon. 3. This Agreement does not apply to extraterrestrial materials that reach the Earth's surface naturally.

Article 2 All activities on the Moon, including its exploration and use, are 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, adopted by the General Assembly on October 24, 1970, and mutual understanding and with due regard to the relevant interests of all other Participating States.

Article 3 1. The moon is used by all Participating States exclusively for peaceful purposes. 2. The threat or use of force or any other hostile action or threat of hostile action is prohibited on the Moon. It is also prohibited to use the Moon to commit any such acts or to use any such threats against the Earth, Moon, spacecraft, spacecraft personnel or artificial space objects. 3. The Participating States undertake not to place objects with nuclear weapons or any other types of weapons of mass destruction into orbit around the Moon or on another flight path to or around the Moon, nor to install or use such weapons on the surface of the Moon or in its interior. 4. It is prohibited to establish military bases, structures and fortifications on the Moon, test such types of weapons and conduct military maneuvers. The use of military personnel for scientific research or any other peaceful purposes is not prohibited. The use of any equipment or facilities necessary for the peaceful exploration and use of the moon is also not prohibited.

Article 4 1. The exploration and use of the Moon is the heritage of all mankind and is carried out for the benefit and in the interests of all countries, regardless of the degree of their economic or scientific development. At the same time, due attention is paid to the interests of present and future generations, as well as to the need to promote higher living standards and better conditions for economic and social progress and development in accordance with the Charter of the United Nations. 2. The participating States shall be guided by the principle of cooperation and mutual assistance in all their activities related to the exploration and use of the moon. International cooperation in accordance with this Agreement should be as broad as possible and can be carried out on a multilateral basis, on a bilateral basis or through international intergovernmental organizations.

Article 5 1. The Participating States shall inform, to the maximum extent possible and practicable, the Secretary-General of the United Nations, as well as the public and the international scientific community, of their activities related to the exploration and use of the Moon. As soon as possible after launch, information about the time, objectives, locations, orbit parameters and duration of each expedition to the Moon is provided, and information about the results of each expedition, including scientific results, is provided after its completion. In the event that the expedition lasts more than sixty days, information about the progress of this expedition, including any scientific results, is provided periodically every thirty days. For expeditions lasting more than six months, only essential additions to such information should be reported subsequently. 2. If a State Party becomes aware that another State Party is planning simultaneous activities in the same area or in the same orbit around the Moon, flight path to or around the Moon, it shall immediately inform the other State of the time and plans for its activities. 3. When carrying out activities in accordance with this Agreement, the Participating States shall immediately inform the Secretary-General, as well as the public and the international scientific community, of any phenomena they have identified in outer space, including the Moon, that could pose a threat to human life or health, as well as signs of any kind of organic life.

Article 6 1. Freedom of scientific research is proclaimed on the Moon, conducted by all Participating States, without discrimination of any kind, on the basis of equality and in accordance with international law. 2. When conducting scientific research in accordance with the provisions of this Agreement, the Participating States have the right to collect samples of mineral and other substances on the Moon and export them from the Moon. Such samples remain in the possession of those Participating States that have ensured their collection and may be used by them for scientific purposes. The Participating States shall take into account the desirability of making part of such samples available to other interested Participating States and the international scientific community for scientific research. When conducting scientific research, Participating States may also use the mineral and other substances of the Moon to support the vital activity of their expeditions in the quantities necessary for this purpose. 3. The Participating States recognize that it is desirable to conduct, to the maximum extent possible and practicable, an exchange of scientific and other personnel between expeditions to the Moon or facilities on it.

Article 7 1. In carrying out the exploration and use of the Moon, the Participating States shall take measures to prevent the disturbance of the established equilibrium of its environment due to the introduction of adverse changes in this environment, its harmful pollution due to the delivery of substances foreign to this environment or in any other way. The Participating States shall also take measures to avoid introducing adverse changes to the Earth's environment as a result of the delivery of extraterrestrial matter or in any other way. 2. The Participating States shall inform the Secretary-General of the United Nations of the measures they are taking in accordance with paragraph 1 of this Article, as well as notify him in advance, to the maximum extent possible, of all cases of their placement of radioactive materials on the Moon and of the purpose of such placement. 3. The Participating States shall send a notification to the other Participating States and to the Secretary-General regarding areas of the Moon of special scientific interest, so that, without prejudice to the rights of other Participating States, consideration may be given to declaring them international scientific reserves for which special protective measures should be agreed, in consultation with the competent authorities of the United Nations Nations.

Article 8 1. The Participating States may carry out their activities for the exploration and use of the Moon anywhere on its surface or subsurface, subject to compliance with the provisions of this Agreement. 2. For these purposes, Participating States may, in particular: (a) land their space objects on the Moon and launch them from the Moon; (b) deploy their personnel, spacecraft, equipment, installations, stations and structures anywhere on the surface of the Moon or its interior. Personnel, spacecraft, equipment, installations, stations and structures can move freely or be moved on the surface of the Moon or in its depths. 3. The actions of the Participating States in accordance with paragraphs 1 and 2 of this Article shall not interfere with activities carried out on the Moon by other Participating States. In the event of such interference, the States Parties concerned shall consult in accordance with paragraphs 2 and 3 of Article 15 of this Agreement.

Article 9 1. Participating States may establish manned and uninhabited stations on the Moon. The State Party establishing the station shall use only such area as is necessary to meet the needs of the station and shall immediately inform the Secretary-General of the United Nations of the location and purpose of the station. Thereafter, at one-year intervals, this State informs the Secretary-General, as well as whether the use of this station continues and whether its objectives have changed. 2. Stations are located in such a way that they do not interfere with the free access of personnel, vehicles and equipment of other participating States operating on the Moon to all areas of the Moon in accordance with the provisions of this Agreement or Article 1 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. The Participating States shall take all possible measures to protect the life and health of persons on the moon. To this end, they will consider any person on the Moon as an astronaut in the sense of Article H 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, as well as as a member of the Spacecraft Crew in the sense of the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Space. outer space. 2. Participating States shall grant persons in distress on the Moon the right to shelter at their stations, facilities, apparatuses and other installations.

Article 11 1. The moon and its natural resources are the common heritage of mankind, which is reflected in the provisions of this Agreement and in particular in paragraph 5 of this Article. 2. The moon is not subject to national appropriation either by declaring sovereignty on it, or by using or occupying it, or by any other means. 3. The surface or bowels of the Moon, as well as sections of its surface or bowels, or natural resources where they are located, may not be the property of any State, international intergovernmental or non-governmental organization, national organization or non-governmental institution, or any individual. The placement of personnel, spacecraft, equipment, installations, stations and structures on the surface of the Moon or in its interior, including structures inextricably linked to its surface or interior, does not create ownership rights to the surface or interior of the Moon or their sections. The above provisions are without prejudice to the international regime referred to in paragraph 5 of this Article. 4. The Participating States have the right to explore and use the Moon without discrimination of any kind, on the basis of equality and in accordance with international law and the provisions of this Agreement. 5. The Participating States hereby undertake to establish an international regime, including appropriate procedures, to regulate the exploitation of the Moon's natural resources when it becomes apparent that such exploitation will become possible in the near future. This provision is 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 maximum extent possible and practicable, of any natural resources they may discover on the Moon. 7. The main objectives of the international regime to be established include: (a) the orderly and safe development of the Moon's natural resources; (b) the rational management of these resources.; (c) Increased opportunities for the use of these resources; (d) Equitable distribution among all participating States of the benefits derived from these resources, with particular regard to the interests and needs of developing countries, as well as the efforts of those countries that have directly or indirectly contributed to the exploration of the moon. 8. All activities with respect to the natural resources of the Moon shall be carried out in such a way as to comply with the objectives set out in paragraph 7 of this Article and the provisions of paragraph 2 of Article 6 of this Agreement.

Article 12 1. The Participating States shall retain jurisdiction and control over their personnel, spacecraft, equipment, installations, stations and facilities on the Moon. Ownership rights to spacecraft, equipment, installations, stations and structures remain unaffected during their stay on the Moon. 2. The provisions of Article 5 of the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space shall apply to vehicles, Structures and Equipment or their Components found outside their intended Location. 3. In emergency cases involving a threat to human life, Participating States may use equipment, apparatuses, facilities, installations or reserves of other Participating States on the Moon. Notification of such use shall be immediately sent to the Secretary-General of the United Nations or to the State Party concerned.

Article 13 A State Party that discovers that an emergency, forced or other unintended landing of a space object has occurred on the Moon, which was not felt by it, or the fall of the components of such an object, shall immediately notify the State Party that carried out the launch and the Secretary-General of the United Nations.

Article 14 1. The States Parties to this Treaty shall bear international responsibility for national activities on the Moon, regardless of whether they are carried out by governmental authorities or non-governmental legal entities, and for ensuring that national activities are conducted in accordance with the provisions contained in this Agreement. The Participating States shall ensure that non-governmental legal entities under their jurisdiction carry out activities on the Moon only under the supervision and constant supervision of the relevant Participating State. 2. The Participating States recognize that, as a result of increased activities on the Moon, detailed agreements on liability for damage caused on the Moon may be necessary, 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. Any such agreements shall be drawn up in accordance with the procedure provided for in Article 18 of this Agreement.

Article 15 1. Each State Party may ensure that the activities of other States Parties in the exploration and use of the Moon are carried out in accordance with the provisions of this Agreement. For these purposes, all spacecraft, equipment, installations, stations and facilities on the Moon are open to other participating States. These Participating States shall notify the planned visit as soon as reasonably possible in order to allow for appropriate consultations and to take maximum precautions to ensure safety and avoid interference with normal operations at the facility to be visited. In accordance with this Article, any State Party may act independently or with the full or partial assistance of any other State Party, or through appropriate international procedures and within the framework of the United Nations and in accordance with the Charter. 2. A State Party that has reason to believe that another State Party is not fulfilling the obligations imposed on it by this Agreement, or that another State Party is violating the rights enjoyed by the first State under this Agreement, may request consultations with that State Party. The State Party to which such a request is addressed shall immediately enter into such consultations. Any other Participating State that so requests is entitled to participate in such consultations. Each Participating State participating in such consultations shall strive for a mutually acceptable settlement of any dispute and shall take into account the rights and interests of all Participating States. Information on the results of these consultations is sent to the Secretary-General of the United Nations, who transmits the information received to all interested Participating States. 3. If consultations do not lead to a mutually acceptable settlement with due regard for the rights and interests of all Participating States, the parties concerned shall take all measures to resolve the dispute by other peaceful means of their choice, in accordance with the circumstances and nature of the dispute. If difficulties arise in connection with the initiation of consultations or if consultations do not lead to a mutually acceptable settlement, any State Party may seek the assistance of the Secretary-General in order to resolve the dispute, without seeking the consent of the other party to the dispute. A State Party that does not maintain diplomatic relations with another interested State Party shall participate in such consultations at its discretion, either directly or through another State Party or the Secretary-General acting as an intermediary.  

Article 16 In this Agreement, with the exception of Articles 17 to 21, references to States are considered as referring to any international intergovernmental organization that carries out space activities if that organization declares that it assumes the rights and obligations provided for in this Agreement and if the majority of States - The members of this organization are States parties to this Agreement and the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies. The member States of any such organization that are States Parties to this Agreement shall take all necessary measures to ensure that this organization makes a declaration in accordance with the provisions of this Article.  

Article 17 Any State Party to the Agreement may propose amendments to this Agreement. Amendments shall enter into force for each State Party to the agreement accepting these amendments after they have been accepted by a majority of the States Parties to the Agreement, and subsequently for each remaining State Party to the Agreement on the date of its acceptance of these amendments.

Article 18 Ten years after the entry into force of this Agreement, the issue of reviewing the operation of this Agreement is included in the provisional agenda of the United Nations General Assembly in order to discuss, in the light of the previous application of the Agreement, whether it requires revision. However, at any time five years after the entry into force of this Agreement, 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 consent of a majority of the States Parties, convene a conference of the States Parties to review the operation of this Agreement. The Review Conference will also discuss the implementation of the provisions of paragraph 5 of Article 11 on the basis of the principle referred to in paragraph 1 of this Article, and taking into account, in particular, any relevant technical developments.

Article 19 1. This Agreement shall be open for signature by all States at the Headquarters of the United Nations in New York. 2. This Agreement is subject to ratification by the signatory States. Any State that 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. The instruments of ratification and accession shall be deposited with the Secretary-General oArticle 19 1. This Agreement shall be open for signature by all States at the Headquarters of the United Nations in New York. 2. This Agreement is subject to ratification by the signatory States. Any State that does not this Agreement before its entry into force in accordance with paragraph 3 of this Article may accede to it at any time. The instruments of ratification and accession shall be deposited with the Secretary-General of the United Nations. 3. This Agreement shall enter into force on the thirtieth day after the deposit of the fifth instrument of ratification. 4. For each State that has deposited its instrument of ratification or accession after the entry into force of this Agreement, it shall enter into force on the thirtieth day after the deposit of such instrument. 5. The Secretary-General shall immediately inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification or accession, the date of entry into force of this Agreement, as well as other notifications.

Article 20 Any State Party to this Agreement may notify 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 takes effect after one year from the date of receipt of this notification.

Article 21 This Agreement, of which the Arabic, Chinese, English, Russian, French, and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, Article 21 This Agreement, of which the Arabic, Chinese, English, Russian, French, and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall transmit certified true copies of this Agreement to all States that have signed and acceded to this Agreement.

President

Republic of Kazakhstan

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