DRAFT CONVENTION ON THE PROTECTION OF SOLAR SYSTEM CULTURAL HERITAGE (WITH ANNEX)
OPSA-2014-06
2014
The States Parties to this Convention,
Inspired by the great achievements of the human exploration of outer space,
Noting with satisfaction that outer space is playing an ever-increasing role in the development of humankind,
Acknowledging the importance of Solar System cultural heritage as an integral part of the cultural heritage of humanity and a particularly important element in the history of peoples, nations, and their relations with each other concerning their common heritage,
Noting growing public interest in and public appreciation of Solar System cultural heritage,
Convinced of the importance of research, information and education to the protection and preservation of Solar System cultural heritage,
Convinced of the public’s right to enjoy the educational and recreational benefits of responsible non-intrusive access to in situ Solar System cultural heritage, and of the value of public education to contribute to awareness, appreciation and protection of that heritage,
Aware of the fact that Solar System cultural heritage is threatened by unauthorized activities directed at it, and of the need for stronger measures to prevent such activities,
Conscious of the need to respond appropriately to the possible negative impact on Solar System cultural heritage of legitimate activities that may incidentally affect it,
Believing that cooperation among States, international organizations, scientific institutions, professional organizations, archaeologists, astronauts, other interested parties and the public at large is essential for the protection of Solar System cultural heritage,
Considering that survey and protection of Solar System cultural heritage necessitate the availability and application of special scientific methods and the use of suitable techniques and equipment as well as a high degree of professional specialization, all of which indicate a need for uniform governing criteria,
Realizing the need to codify and progressively develop rules relating to the protection and preservation of Solar System cultural heritage in conformity with international law and practice, including the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property of 14 November 1970 and the Convention for the Protection of the World Cultural and Natural Heritage of 16 November 1972,
Recalling that Article 5, paragraph 1 of the Treaty Governing the Activities of States on the Celestial Bodies of the Solar System provides that in the exploration and use of the moon due regard shall be paid to interests of present and future generations, and that Article 8, Paragraph 3 of said Treaty provides that consideration may be given to the designation of areas of the Moon having special scientific interest as international scientific preserves for which special protective arrangements are to be agreed upon in consultation with the competent bodies of the United Nations,
Have agreed on the following:
ARTICLE 1
DEFINITIONS
For the purposes of this Convention:
1. “Solar System” includes the Sun, its celestial bodies with the exception of Earth, and all regions in which it is possible for a celestial body to complete at least one revolution of the Sun;
2. “Solar System cultural heritage” means all traces of human existence having a cultural, historical or archaeological character which have been on a celestial body for at least 50 years or departed Earth orbit at least 50 years ago, such as:
(a) sites, structures, edifices, artifacts, physical evidence of human or teleoperated activity, and human remains, together with their archaeological and natural context;
(b) spacecraft, other vehicles or any part thereof, their contents, together with their archaeological and natural context.
3. “UNESCO” means the United Nations Educational, Scientific and Cultural Organization.
4. “Director-General” means the Director-General of UNESCO.
5. “Activities directed at Solar System cultural heritage” means activities having Solar System cultural heritage as their primary object and which may, directly or indirectly, physically disturb or otherwise damage Solar System cultural heritage.
6. “Activities incidentally affecting Solar System cultural heritage” means activities which, despite not having Solar System cultural heritage as their primary object or one of their objects, may physically disturb or otherwise damage Solar System cultural heritage.
7. “State vehicles and spacecraft” means vehicles or spacecraft that were owned or operated by a State and used, at the time of becoming inoperative, only for government non-commercial purposes, that are identified as such and that meet the definition of Solar System cultural heritage.
8. “Rules” means the Rules concerning activities directed at Solar System cultural heritage, as referred to in Article 26 of this Convention.
ARTICLE 2
OBJECTIVES AND GENERAL PRINCIPLES
1. This Convention aims to ensure and strengthen the protection of Solar System cultural heritage.
2. States Parties shall cooperate in the protection of Solar System cultural heritage.
3. States Parties shall preserve Solar System cultural heritage for the benefit of humanity in conformity with the provisions of this Convention.
4. States Parties shall, individually or jointly as appropriate, take all appropriate measures in conformity with this Convention and with international law that are necessary to protect Solar System cultural heritage, using for this purpose the best practicable means at their disposal and in accordance with their capabilities.
5. The preservation in situ of Solar System cultural heritage shall be considered as the first option before allowing or engaging in any activities directed at this heritage.
6. Recovered Solar System cultural heritage shall be deposited, conserved and managed in a manner that ensures its long-term preservation.
7. Solar System cultural heritage shall not be commercially exploited.
8. States Parties shall ensure that proper respect is given to all human remains located in the Solar System.
9. Responsible non-intrusive access to observe or document in situ Solar System cultural heritage shall be encouraged to create public awareness, appreciation, and protection of the heritage except where such access is incompatible with its protection and management.
10. No act or activity undertaken on the basis of this Convention shall constitute grounds for claiming, contending or disputing any claim to national sovereignty or jurisdiction.
ARTICLE 3
RELATIONSHIP BETWEEN THIS CONVENTION AND THE TREATY GOVERNING THE ACTIVITIES OF STATES ON THE CELESTIAL BODIES OF THE SOLAR SYSTEM
Nothing in this Convention shall prejudice the rights, jurisdiction and duties of States under international law, including the Treaty Governing the Activities of States on the Celestial Bodies of the Solar System. This Convention shall be interpreted and applied in the context of and in a manner consistent with international law, including the Treaty Governing the Activities of States on the Celestial Bodies of the Solar System.
ARTICLE 4
RELATIONSHIP TO LAW OF SALVAGE AND LAW OF FINDS
Any activity relating to Solar System cultural heritage to which this Convention applies shall not be subject to the law of salvage or law of finds, unless it:
(a) is authorized by the competent authorities, and
(b) is in full conformity with this Convention, and
(c) ensures that any recovery of the Solar System cultural heritage achieves its maximum protection.
ARTICLE 5
ACTIVITIES INCIDENTALLY AFFECTING SOLAR SYSTEM CULTURAL HERITAGE
Each State Party shall use the best practicable means at its disposal to prevent or mitigate any adverse effects that might arise from activities under its jurisdiction incidentally affecting Solar System cultural heritage.
ARTICLE 6
BILATERAL OR OTHER MULTILATERAL AGREEMENTS
1. States Parties are encouraged to enter into bilateral or other multilateral agreements or develop existing agreements, for the preservation of Solar System cultural heritage. All such agreements shall be in full conformity with the provisions of this Convention and shall not dilute its universal character. States may, in such agreements, adopt rules and regulations which would ensure better protection of Solar System cultural heritage than those adopted in this Convention.
2. The Parties to such bilateral or other multilateral agreements may invite States with a verifiable link, especially a cultural, historical or archaeological link, to the Solar System cultural heritage concerned to join such agreements.
3. This Convention shall not alter the rights and obligations of States Parties regarding the protection of defunct spacecraft, arising from other bilateral or other multilateral agreements concluded before its adoption, and, in particular, those that are in conformity with the purposes of this Convention.
ARTICLE 7
REPORTING AND NOTIFICATION
1. States Parties have a responsibility to protect Solar System cultural heritage in conformity with this Convention. Accordingly when a national, or a vessel in the registry of a State Party, discovers or intends to engage in activities directed at Solar System cultural heritage, that State Party shall require its national, or the commander of the spacecraft, to report such discovery or activity to it.
2. States Parties shall notify the Director-General and the Secretary-General of the United Nations of such discoveries or activities reported to them.
3. The Director-General shall promptly make available to all States Parties any such information supplied by States Parties.
4. Any State Party may declare to the Director-General its interest in being consulted on how to ensure the effective protection of that Solar System cultural heritage. Such declaration shall be based on a verifiable link to the Solar System cultural heritage concerned, particular regard being paid to the preferential rights of States of cultural, historical or archaeological origin.
ARTICLE 8
PROTECTION OF SOLAR SYSTEM CULTURAL HERITAGE
1. No authorization shall be granted for any activity directed at Solar System cultural heritage except in conformity with the provisions of this Article.
2. The Director-General shall invite all States Parties which have declared an interest under Article 7, paragraph 4 of this Convention, to consult on how best to protect the Solar System cultural heritage, and to appoint a State Party to coordinate such consultations as the “Coordinating State.” The Director-General shall also invite the Committee on Space Research to participate in such consultations.
3. All States Parties may take all practicable measures in conformity with this Convention, if necessary prior to consultations, to prevent any immediate danger to the Solar System cultural heritage, whether arising from human activity or any other cause including looting.
4. The Coordinating State shall:
(a) implement measures of protection which have been agreed by the consulting States, which include the Coordinating State, unless the consulting States, which include the Coordinating State, agree that another State Party shall implement those measures; and
(b) issue all necessary authorizations for such agreed measures, in conformity with this Convention, unless the consulting States, which include the Coordinating State, agree that another State Party shall issue those authorizations.
5. The Coordinating State may conduct any necessary preliminary research on the Solar System cultural heritage and shall issue all necessary authorizations therefor, and shall promptly inform the Director-General of the results, who in turn shall make such information available to other States Parties.
6. In coordinating consultations, taking measures, conducting preliminary research, and/or issuing authorizations pursuant to this Article, the Coordinating State shall act for the benefit of humanity as a whole, on behalf of all States Parties. Particular regard shall be paid to the preferential rights of States of cultural, historical or archaeological origin in respect of the Solar System cultural heritage concerned.
7. No State Party shall undertake or authorize activities directed at State vehicles and spacecraft without the consent of the State or registry.
ARTICLE 9
CONTROL OF ENTRY INTO THE TERRITORY, DEALING AND POSSESSION
States Parties shall take measures to prevent the entry into their territory, the dealing in, or the possession of, Solar System cultural heritage illicitly exported and/or recovered, where recovery was contrary to this Convention.
ARTICLE 10
NON-USE OF AREAS UNDER THE JURISDICTION OF STATES PARTIES
States Parties shall take measures to prohibit the use of their territory, as well as space stations, and installations under their exclusive jurisdiction or control, in support of any activity directed at Solar System cultural heritage which is not in conformity with this Convention.
ARTICLE 11
MEASURES RELATING TO NATIONALS AND VEHICLES
States Parties shall take all practicable measures to ensure that their nationals and vehicles in their registry do not engage in any activity directed at Solar System cultural heritage in a manner not in conformity with this Convention.
ARTICLE 12
SANCTIONS
1. Each State Party shall impose sanctions for violations of measures it has taken to implement this Convention.
2. Sanctions applicable in respect of violations shall be adequate in severity to be effective in securing compliance with this Convention and to discourage violations wherever they occur and shall deprive offenders of the benefit deriving from their illegal activities.
3. States Parties shall cooperate to ensure enforcement of sanctions imposed under this Article.
ARTICLE 13
SEIZURE AND DISPOSITION OF SOLAR SYSTEM CULTURAL HERITAGE
1. Each State Party shall take measures providing for the seizure of Solar System cultural heritage in its territory that has been recovered in a manner not in conformity with this Convention.
2. Each State Party shall record, protect and take all reasonable measures to stabilize Solar System cultural heritage seized under this Convention.
3. Each State Party shall notify the Director-General and any other State with a verifiable link, especially a cultural, historical or archaeological link, to the Solar System cultural heritage concerned of any seizure of Solar System cultural heritage that it has made under this Convention.
4. A State Party which has seized Solar System cultural heritage shall ensure that its disposition be for the public benefit, taking into account the need for conservation and research; the need for reassembly of a dispersed collection; the need for public access, exhibition and education; and the interests of any State with a verifiable link, especially a cultural, historical or archaeological link, in respect of the Solar System cultural heritage concerned.
ARTICLE 14
COOPERATION AND INFORMATION-SHARING
1. States Parties shall cooperate and assist each other in the protection and management of Solar System cultural heritage under this Convention, including, where practicable, collaborating in the investigation, excavation, documentation, conservation, study and presentation of such heritage.
2. To the extent compatible with the purposes of this Convention, each State Party undertakes to share information with other States Parties concerning Solar System cultural heritage, including discovery of heritage, location of heritage, heritage excavated or recovered contrary to this Convention or otherwise in violation of international law, pertinent scientific methodology and technology, and legal developments relating to such heritage.
3. Information shared between States Parties, or between UNESCO and States Parties, regarding the discovery or location of Solar System cultural heritage shall, to the extent compatible with their national legislation, be kept confidential and reserved to competent authorities of States Parties as long as the disclosure of such information might endanger or otherwise put at risk the preservation of such Solar System cultural heritage.
4. Each State Party shall take all practicable measures to disseminate information, including where feasible through appropriate international databases, about Solar System cultural heritage excavated or recovered contrary to this Convention or otherwise in violation of international law.
ARTICLE 15
PUBLIC AWARENESS
Each State Party shall take all practicable measures to raise public awareness regarding the value and significance of Solar System cultural heritage and the importance of protecting it under this Convention.
ARTICLE 16
TRAINING IN SOLAR SYSTEM ARCHAEOLOGY
States Parties shall cooperate in the provision of training in Solar System archaeology, in techniques for the conservation of Solar System cultural heritage and, on agreed terms, in the transfer of technology relating to Solar System cultural heritage.
ARTICLE 17
COMPETENT AUTHORITIES
1. In order to ensure the proper implementation of this Convention, States Parties shall establish competent authorities or reinforce the existing ones where appropriate, with the aim of providing for the establishment, maintenance and updating of an inventory of Solar System cultural heritage, the effective protection, conservation, presentation and management of Solar System cultural heritage, as well as research and education.
2. States Parties shall communicate to the Director-General the names and addresses of their competent authorities relating to Solar System cultural heritage.
ARTICLE 18
MEETINGS OF STATES PARTIES
1. The Director-General shall convene a Meeting of States Parties within five years of the entry into force of this Convention and thereafter at least once every ten years. At the request of a majority of States Parties, the Director-General shall convene an Extraordinary Meeting of States Parties.
2. The Meeting of States Parties shall decide on its functions and responsibilities.
3. The Meeting of States Parties shall adopt its own Rules of Procedure.
4. The Meeting of States Parties may establish a Scientific and Technical Advisory Body composed of experts nominated by the States Parties with due regard to the principle of equitable geographical distribution and the desirability of a gender balance.
5. The Scientific and Technical Advisory Body shall appropriately assist the Meeting of States Parties in questions of a scientific or technical nature regarding the implementation of the Rules.
ARTICLE 19
SECRETARIAT FOR THIS CONVENTION
1. The Director-General shall be responsible for the functions of the Secretariat for this Convention.
2. The duties of the Secretariat shall include:
(a) organizing Meetings of States Parties as provided for in Article 18, paragraph 1 of this Convention; and
(b) assisting States Parties in implementing the decisions of the Meetings of States Parties.
ARTICLE 20
PEACEFUL SETTLEMENT OF DISPUTES
1. Any dispute between two or more States Parties concerning the interpretation or application of this Convention shall be subject to negotiations in good faith or other peaceful means of settlement of their own choice.
2. If those negotiations do not settle the dispute within a reasonable period of time, it may be submitted to UNESCO for mediation, by agreement between the States Parties concerned.
3. If mediation is not undertaken or if there is no settlement by mediation, the provisions relating to the settlement of disputes set out in the Protocol on Dispute Settlement to the Treaty Governing the Activities of States on the Celestial Bodies of the Solar System, hereinafter called the Dispute Settlement Protocol, apply mutatis mutandis to any dispute between States Parties to this Convention concerning the interpretation or application of this Convention, whether or not they are also Parties to the Treaty Governing the Activities of States on the Celestial Bodies of the Solar System.
4. Any procedure chosen by a State Party to this Convention and to the Treaty Governing the Activities of States on the Celestial Bodies of the Solar System pursuant to Article 8 of the Dispute Settlement Protocol, shall apply to the settlement of disputes under this Article, unless that State Party, when ratifying, accepting, approving or acceding to this Convention, or at any time thereafter, chooses another procedure pursuant to Article 8 of the Dispute Settlement Protocol for the purpose of the settlement of disputes arising out of this Convention.
5. A State Party to this Convention which is not a Party to the Treaty Governing the Activities of States on the Celestial Bodies of the Solar System, when ratifying, accepting, approving or acceding to this Convention or at any time thereafter shall be free to choose, by means of a written declaration, one or more of the means set out in Article 8, paragraph 1 of the Dispute Settlement Protocol for the purpose of settlement of disputes under this Article. Article 8, paragraph 1 of the Dispute Settlement Protocol shall apply to such a declaration, as well as to any dispute to which such State is party, which is not covered by a declaration in force. For the purpose of conciliation and arbitration, in accordance with Parts 2 and 4 of the Dispute Settlement Protocol, such State shall be entitled to nominate conciliators and arbitrators to be included in the lists referred to in Articles 21 and 69 of the Dispute Settlement Protocol, for the settlement of disputes arising out of this Convention.
ARTICLE 21
INTERGOVERNMENTAL ORGANIZATIONS
With the exception of Articles 22 to 25, references in this Convention to States shall be deemed to apply to any international intergovernmental organization which conducts space activities if the organization declares its acceptance of the rights and obligations provided for in this Treaty and if a majority of the States members of the organization are States Parties to this Treaty and to the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies. States members of any such organization which are States Parties to this Treaty shall take all appropriate steps to ensure that the organization makes a declaration in accordance with the provisions of this Article.
ARTICLE 22
RATIFICATION AND ENTRY INTO FORCE
1. This Convention shall be open for signature by all States at United Nations Headquarters in New York.
2. This Convention shall be subject to ratification by signatory States. Any State which does not sign this Convention before its entry into force in accordance with paragraph 3 of this Article may accede to it at any time. Instruments of ratification or accession shall be deposited with the Secretary-General of the United Nations.
3. This Convention shall enter into force upon the deposit of instruments of ratification by a majority of States which have registered with the United Nations Office of Outer Space Affairs the launch of spacecraft into orbit around Earth, including all permanent members of the United Nations Security Council.
4. For each State depositing its instrument of ratification or accession after the entry into force of this Convention, it shall enter into force on the thirtieth day following the date of deposit of any such instrument.
5. The Secretary-General shall promptly inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification or accession to this Convention, the date of its entry into force and other notices.
ARTICLE 23
RESERVATIONS AND DECLARATIONS
1. No reservations may be made to this Convention.
2. Paragraph 1 of this Article does not preclude a State, when signing, ratifying or acceding to this Convention, from making declarations or statements, however phrased or named, with a view, inter alia, to the harmonization of its laws and regulations with the provisions of this Convention, provided that such declarations or statements do not purport to exclude or to modify the legal effect of the provisions of this Convention in their application to that State.
ARTICLE 24
AMENDMENTS
1. A State Party may, by written communication addressed to the Director-General, propose amendments to this Convention. The Director-General shall circulate such communication to all States Parties. If, within six months from the date of the circulation of the communication, not less than one half of the States Parties reply favourably to the request, the Director-General shall present such proposal to the next Meeting of States Parties for discussion and possible adoption.
2. Amendments shall be adopted by a two-thirds majority of States Parties present and voting.
3. Once adopted, amendments to this Convention shall be subject to ratification, acceptance, approval or accession by the States Parties.
4. Amendments shall enter into force, but solely with respect to the States Parties that have ratified, accepted, approved or acceded to them, three months after the deposit of the instruments referred to in paragraph 3 of this Article by two thirds of the States Parties. Thereafter, for each State or territory that ratifies, accepts, approves or accedes to it, the amendment shall enter into force three months after the date of deposit by that Party of its instrument of ratification, acceptance, approval or accession.
5. A State or territory which becomes a Party to this Convention after the entry into force of amendments in conformity with paragraph 4 of this Article shall, failing an expression of different intention by that State or territory, be considered:
(a) as a Party to this Convention as so amended; and
(b) as a Party to the unamended Convention in relation to any State Party not bound by the amendment.
ARTICLE 25
DENUNCIATION
1. A State Party may, by written notification addressed to the Director-General, denounce this Convention.
2. The denunciation shall take effect twelve months after the date of receipt of the notification, unless the notification specifies a later date.
3. The denunciation shall not in any way affect the duty of any State Party to fulfil any obligation embodied in this Convention to which it would be subject under international law independently of this Convention.
ARTICLE 26
THE RULES
The Rules annexed to this Convention form an integral part of it and, unless expressly provided otherwise, a reference to this Convention includes a reference to the Rules.
ARTICLE 27
REGISTRATION WITH THE UNITED NATIONS
In conformity with Article 102 of the Charter of the United Nations, this Convention shall be registered with the Secretariat of the United Nations at the request of the Director-General.
ARTICLE 28
AUTHORITATIVE TEXTS
This Convention has been drawn up in Arabic, Chinese, English, French, Russian and Spanish, the six texts being equally authoritative.
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