14 July 2014

Draft Declaration Establishing the 20th Century Lunar Landing Sites as a World Heritage Territory


DRAFT DECLARATION ESTABLISHING THE 20TH CENTURY LUNAR LANDING SITES AS A WORLD HERITAGE TERRITORY

OPSA-2014-07

2014

The General Assembly,

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,

Concerned that the cultural heritage and the natural heritage at the sites of the first human and robotic explorations on the surface of the Moon are increasingly threatened with physical disturbance by future human activities on the Moon,

Considering that deterioration or disappearance of any item of the cultural or natural heritage at the twentieth century lunar landing sites constitutes a harmful impoverishment of the heritage of all the nations of the world,

Recognizing that the territory in the immediate vicinity of the twentieth century lunar landing sites is not subject to national claim of sovereignty, and that the immediate vicinity of the twentieth century lunar landing sites is therefore international territory,

Recognizing, that although the artifacts of the twentieth century lunar landing sites remain the property and jurisdiction of the launching state and they are protected under existing international law, no such protection currently exists for the provenience of these historical artifacts,

Considering that protection of the natural heritage at the twentieth century lunar landing sites at the international level is outside the requirement of Article 3 of the Convention Concerning the Protection of the World Cultural and Natural Heritage, for each State Party to said Convention to identify and delineate the different properties situated on its territory for consideration as world cultural or natural heritage,

Considering that the existing international conventions, recommendations, and resolutions concerning cultural and natural property demonstrate the importance, for all the peoples of the world, of safeguarding this unique and irreplaceable property,

Considering that the cultural or natural heritage at the twentieth century lunar landing sites are of outstanding interest and therefore need to be preserved as part of the world heritage of mankind as a whole,

Considering, that in view of the magnitude and gravity of the future dangers that may threaten them, it is incumbent on the international community as a whole to participate in the protection of the cultural and natural heritage of outstanding universal value at the twentieth century lunar landing sites,

Recalling that Article 3 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 provides that activities in the exploration and use of outer space, including the moon and other celestial bodies, shall be conducted in accordance with international law, including the Charter of the United Nations, in the interest of maintaining international peace and security and promoting international co-operation and understanding,

Recalling that Article 4 of the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies 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 7, Paragraph 3 of said Agreement 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,

Recalling that Article 75 of the Charter of the United Nations provides that it will establish under its authority an international trusteeship system for the administration and supervision of such territories as may be placed thereunder by subsequent individual agreements,

Recalling that Article 91 of the Charter of the United Nations provides that the United Nations Trusteeship Council shall, when appropriate, avail itself of the assistance of the United Nations Economic and Social Council and of the specialized agencies in regard to matters with which they are respectively concerned,

Concerned that the fissionable material located at five of the six Apollo lunar landing sites must be safeguarded,

Recalling that the basic objectives of the trusteeship system, in accordance with the Purposes of the United Nations, are, inter alia, to further international peace and security,

Convinced that the protection of the cultural and natural heritage of the exploration and use of outer space for peaceful purposes, as well as the safeguarding of fissile material, furthers international peace and security,

1. Solemnly declares the twentieth century lunar landing sites to be areas of the Moon having special scientific interest and worthy of designation as international scientific preserves for which special protective arrangements are to be agreed;

2. Solemnly declares that Article 75 of the Charter of the United Nations applies to outer space as being among the categories of territories that may be placed under the trusteeship system;

3. Solemnly declares the twentieth century lunar landing sites to comprise the Lunar Heritage Territory, hereinafter the Territory, under the administration and supervision of the Trusteeship Council;

4. Solemnly declares the Territory to be a strategic area subject to the provisions of Article 83 of the Charter of the United Nations, according to which, inter alia, all functions of the United Nations, including the approval of the terms of any trusteeship agreement and of its alteration or amendment, shall be exercised by the Security Council;

5. Requests the President of the General Assembly to set the election of five members to the Trusteeship Council on the agenda of the General Assembly;

6. Requests the Trusteeship Council, taking into its consideration the recommendations of the World Heritage Council and the Committee on the Peaceful Uses of Outer Space, to define the geographic and vertical boundaries of the Territory;

7. Requests the Trusteeship Council, taking into its consideration the recommendations of the International Atomic Energy Agency, to provide for the safeguarding of fissionable materials within the Territory;

8. Requests the Trusteeship Council, as may be efficacious for the administration of the Territory, to undertake to negotiate a trusteeship agreement with one or more Members of the United Nations to become the Administering Authority of the Territory.

No comments: