SPS International Agreements - Detailed

of beneficial uses with that of peaceful purposes. As noted above, the concept of peaceful purposes or uses has been incorporated into the 1967 Treaty, and in a not entirely consistent way. Thus, Article 4, paragraph 1, which imposes constraints on the use of nuclear weapons and other kinds of weapons of mass destruction is limited in spatial area to Earth orbits, and to outer space and celestial bodies. However, the United States regards celestial bodies to include the Moon for the purposes of Article 4, paragraph 1. However, paragraph 2 of Article 4 merely provides that only the Moon and other celestial bodies, presumably excluding both Earth orbits and outer space per se, are to be used exclusively for peaceful purposes. On the other hand, Article 9 applies the peaceful exploration and use concept both to outer space and to the Moon and other celestial bodies. Article 11 dealing with the promotion of international cooperation also applies the peaceful exploration and use concept to outer space and to the Moon and other celestial bodies. In the opinion of Ambassador Arthur J. Goldberg, Article 4 "contains an undertaking not to place in orbit around the earth, install on the moon or any other celestial body, or otherwise station in outer space, nuclear or any other weapons of mass destruction." "Statement to Committee One of the General Assembly, December 17, 1966, Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies," Staff Report, United States Senate, Committee on Aeronautical and Space Sciences, 90th Cong., 1st Sess., p. 16 (March 1967). Italics added. To the same effect was Ambassador Goldberg's testimony before the Senate Committee on Foreign Relations on March 7, 1967. He stated with regard to paragraph 1 of Article 4 that it "relates to outer space generally and provides that any party shall not place in orbit any object, which means satellites, carrying nuclear weapons or any other kind of weapons of mass destruction, install such weapons on celestial bodies, which would include the moon. . . ." "Treaty on Outer Space," United States Senate, Committee on Foreign Relations, Executive D, 90th Cong., 1st Sess., p. 22 (1967). Itaiics added.

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