SPS International Agreements - Detailed

This we regard to be an important provision. It is one that we have pioneered in. We have long made it a principle that space activities ought to be conducted in such a manner so that the atmosphere of the earth is not contaminated by any experiments that are conducted in outer space. We regard this to be a very salutory provision, and one highly desirable in connection with the peaceful uses of outer space Following this lead the Committee reported the Treaty to the Senate. The Committee stated that Article 9 called "upon parties to the treaty to conduct their space activities in a spirit of international cooperation and to take steps to avoid the contamination of outer space and celestial bodies. Any state party may request appropriate international consultation if it has reason to suspect that any activity may cause harmful interference with the peaceful exploration of outer space." This Article requires prior consultation only when it is reasonable to believe that such activity would cause potentially harmful interference. It does not give an objecting State a veto over the projected activity of another signatory. While the consultation must be carried out in good faith, the consulting States are not obliged to accept the judgment of the State asking for the consultation. As noted above, the general purpose of the Principles Treaty is to encourage the peaceful, scientific, and beneficial uses of the space environment. Article 9 cannot be read so as to defeat this major purpose of the agreement. Further, if one State were to establish a pattern of conduct in which it consistently - Treaty on Outer Space, Hearings before the Committee on Foreign Relations, United States Senate, 90th Cong., 1st Sess., Executive D, p. 42, 1967. Treaty on Outer Space, Executive Report No. 8 to Accompany Ex. D, United States Senate, 90th Cong., 1st Sess., p. 3, 1967.

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