DRAFT TRUSTEESHIP AGREEMENT FOR THE LUNAR HERITAGE TERRITORY (WITH ANNEXES)
OPSA-2014-08
2014
Whereas, Article 75 of the Charter of the United Nations provides for the establishment of an international trusteeship system for the administration and supervision of such territories as may be placed thereunder by subsequent agreements,
Whereas, in accordance with Articles 75 and 77 of the said Charter, the placing of a territory under the international trusteeship system is to be effected by means of a Trusteeship Agreement,
Whereas, the Trusteeship Council, as requested by the General Assembly, has negotiated the draft of a Trusteeship Agreement for the Lunar Heritage Territory with the United States of America and the Russian Federation and approved it at the [ordinal number] meeting of its [ordinal number] session on [date],
Whereas, the Governments of the Russian Federation and the United States of America have accepted responsibility as the joint Administering Authority of this Territory,
Now, therefore, the Security Council of the United Nations, acting in pursuance of Article 83 of the Charter, hereby resolves to approve the following terms of trusteeship for the Lunar Heritage Territory.
ARTICLE 1
THE TERRITORY
The Lunar Heritage Territory, hereinafter called the Territory, consisting of historically important sites on the Moon, is hereby designated as a strategic area and placed under the trusteeship system established in the Charter of the United Nations.
ARTICLE 2
THE ADMINISTERING AUTHORITY
1. The Governments of United States of America and the Russian Federation (hereinafter called “the Administering Authority”) are hereby designated as the joint Administering Authority which will exercise the administration of the Territory. The Administering Authority shall be responsible to the United Nations for the peace, order and good government of the Territory in accordance with the terms of this Agreement.
2. The Territory shall consist of the Gagarinsk District and the Armstrong District. The sites and the geographic boundaries thereof within the Gagarinsk District shall be those fixed by Annex 1 of this Agreement. The sites and the geographic boundaries thereof within the Armstrong District shall be those fixed by Annex 2 of this Agreement.
3. The Russian Federation shall be the Administering Authority of the Gagarinsk District and the United States of America shall be the Administering Authority of the Armstrong District.
ARTICLE 3
DUTIES OF THE ADMINISTERING AUTHORITY
The Administering Authority undertakes to administer the Territory in accordance with the provisions of the Charter of the United Nations relating to the International Trusteeship System as set out in Chapters 12 and 13 thereof, the relevant parts of the Convention Concerning the Protection of the World Cultural and Natural Heritage, Article 7, paragraph 3 of the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, and this Agreement, with a view to protecting the cultural heritage and the natural heritage of the Territory, the areas of special scientific interest, and the fissionable material in the Territory. The Administering Authority shall:
1. Foster through education the development of universal appreciation and respect for the cultural heritage, the natural heritage, and the areas of special scientific interest of the Territory;
2. Control traffic to, from, and within the Territory;
3. Institute such other regulations as may be necessary to protect the cultural heritage, the natural heritage, and the areas of special scientific interest of the Territory; and
4. Institute such other regulations as may be necessary to safeguard fissionable material the Territory.
ARTICLE 4
LEGISLATION
The Administering Authority of each District shall enact such legislation as may be necessary to place the provisions of this Agreement in effect in the Territory.
ARTICLE 5
LAW ENFORCEMENT
In discharging its obligations under Article 76(a) and Article 84 of the Charter of the United Nations, the Administering Authority shall ensure that the Territory shall play its part, in accordance with the Charter, in the maintenance of international peace and security. To this end the Administering Authority shall be entitled to maintain police forces for the maintenance of peace and good order in the Territory. The Administering Authority, after consultation with the Security Council, may establish installations and take all measures in the Territory, within the limits laid down in the Charter of the United Nations, 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 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies for the defense of the Territory and for the maintenance of international peace and security.
ARTICLE 6
ADMINISTRATION OF JUSTICE
The Administering Authority shall ensure equal treatment to the Members of the United Nations and their nationals in the administration of justice.
ARTICLE 7
SETTLEMENT OF DISPUTES
The Trusteeship Council shall settle any dispute between the Administering Authorities of the Districts.
ARTICLE 8
COLLABORATION WITH UNITED NATIONS ORGANS
1. The Administering Authority shall collaborate fully with the Security Council and with the Trusteeship Council in the discharge of all their functions as defined in Article 87 of the Charter of the United Nations. Accordingly, the Administering Authority undertakes:
(a) To designate an accredited representative for each District to be present at the sessions of the Trusteeship Council at which the reports of the Administering Authority relating to conditions in the Territory are considered;
(b) To facilitate periodic visits to the Territory as provided for in Article 87 of the Charter of the United Nations at times and in accordance with arrangements to be agreed upon with the Administering Authority; and
(c) To render assistance to the Security Council or the Trusteeship Council in the application of these arrangements and of such other arrangements as those organs of the United Nations may make in accordance with the terms of this Agreement.
2. The Administering Authority shall cooperate with:
(a) The World Heritage Committee with regard to the cultural heritage and the natural heritage of the Territory.
(b) The Committee on the Peaceful Uses of Outer Space with regard to the areas of special scientific interest in the Territory.
(c) The International Atomic Energy Agency with regard to safeguarding fissionable materials in the Territory.
ARTICLE 9
MEMBERSHIP IN INTERNATIONAL ORGANIZATIONS
The Administering Authority, acting under the provisions of Article 3 of this Agreement, may accept membership in any technical organization or other voluntary association of states, may cooperate with specialized international bodies, public or private, and may engage in other forms of international cooperation.
ARTICLE 10
AMENDMENTS
1. With the exceptions of paragraphs 2 and 3 of this Article, the terms of this Agreement shall not be altered, amended, or terminated without the consent of the Administering Authority of the Territory.
2. Subject to the approval of the Security Council, the Trusteeship Council may amend Article 2 and add a corresponding annex to this Agreement for the sole purpose of establishing any new District under an Administering Authority not previously party to the present Agreement.
3. Unless reversed by the Security Council, the finding of the Trusteeship Council that the Administering Authority of a District is in material breach of Article 4, paragraph 2 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, shall have the effect of:
(a) Terminating the present Agreement between the United Nations and the Member found to be in material breach,
(b) Returning to the direct authority of the Trusteeship Council the District formerly under the authority of the Member found to be in material breach, and
(c) Terminating the eligibility of the Member found to be in material breach to serve on the Trusteeship Council pursuant to Article 86, subparagraph 1(a) of the Charter of the United Nations.
4. The Secretary-General of the United Nations shall invite any State not previously party to this Agreement, representing the sponsoring agency of a robotic or human exploration of the surface of the Moon, to become party to the Agreement as amended pursuant to paragraph 2 of this Article.
ARTICLE 11
ENTRY INTO FORCE, RATIFICATION, AND ACCESSION
1. The present Agreement shall come into force when approved by the Security Council of the United Nations and by the Governments of the Russian Federation and the United States of America after due constitutional process.
2. For States whose instruments of ratification or accession pursuant to Article 10, paragraph 4 of this Agreement are deposited subsequent to the entry into force of this Agreement, it shall enter into force on the date of the deposit of their instruments of ratification or accession.
ARTICLE 12
AUTHORITATIVE TEXTS
The original of this Agreement, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies thereof to all signatory and acceding States.
ANNEX 1
LIST AND DESCRIPTION OF GAGARINSK DISTRICT SITES
Pursuant to Article 2 of the Lunar Heritage Trusteeship Agreement, the Gagarinsk District shall consist of the following sites, the vertical boundaries of which shall be 100 meters above the highest geographic formation.
1. Luna 2 Impact Site
The site is delimited as a circle 75 meters in radius from the point of impact of the spacecraft, situated approximately 29.10° North latitude and approximately 0.0° longitude. The geographical area of the site is 17,671 square meters.
2. Luna 9 Landing Site
The site is delimited as a circle 20 meters in radius from the centerline of the spacecraft, situated approximately 7.08° North latitude and approximately 64.37° West longitude. The geographic area of the site is 1,257 square meters.
3. Luna 13 Landing Site
The site is delimited as a circle 20 meters in radius from the centerline of the spacecraft, situated approximately 18.87° North latitude and approximately 62.05° West longitude. The geographic area of the site is 1,257 square meters.
4. Luna 16 Landing Site
The site is delimited as a circle 20 meters in radius from the centerline of the spacecraft, situated approximately 0.68° South latitude and approximately 56.3° East longitude. The geographic area of the site is 1,257 square meters.
5. Luna 17 Landing and Lunokhod 1 Traverse Site
The site is delimited as: a circle 20 meters in radius from the centerline of the spacecraft, situated approximately 38.28° North latitude and approximately 35.0° West longitude; a zone extending 20 meters from all regolith disturbed by vehicular traverse. The geographic area of the site is approximately 0.42 square kilometers.
Figure A1-1: Luna 17 Landing and Lunokhod 1 Traverse Site
6. Luna 20 Landing Site
The site is delimited as a circle 20 meters in radius from the centerline of the spacecraft, situated approximately 3.57° North latitude and approximately 56.5° East longitude. The geographic area of the site is 1,257 square meters.
7. Luna 21 Landing and Lunokhod 2 Traverse Site
The site is delimited as: a circle 20 meters in radius from the centerline of the spacecraft, situated approximately 26.9232° North latitude and approximately 30.4449° East longitude; a zone extending 20 meters from all regolith disturbed by vehicular traverse. The geographic area of the site is approximately 1.48 square kilometers.
Figure A1-2: Luna 21 Landing and Lunokhod 2 Traverse Site
8. Luna 23 Landing Site
The site is delimited as a circle 20 meters in radius from the centerline of the spacecraft, situated approximately 12.68° North latitude and approximately 62.30° East longitude. The geographic area of the site is 1,257 square meters.
9. Luna 24 Landing Site
The site is delimited as a circle 20 meters in radius from the centerline of the spacecraft, situated approximately 12.75° North latitude and approximately 62.2° East longitude. The geographic area of the site is 1,257 square meters.
10. Gagarinsk District Police Station Site
[To be determined]
ANNEX 2
LIST AND DESCRIPTION OF ARMSTRONG DISTRICT SITES
Pursuant to Article 2 of the Lunar Heritage Trusteeship Agreement, the Armstrong District shall consist of the following sites, the vertical boundaries of which shall be 100 meters above the highest geographic formation.
1. Ranger 7 Impact Site
The site is delimited as a circle 75 meters in radius from the point of impact of the spacecraft, situated approximately 10.35° South latitude and approximately 21.58° West longitude. The geographical area of the site is 17,671 square meters.
2. Surveyor 1 Landing Site
The site is delimited as a circle 20 meters in radius from the centerline of the spacecraft, situated approximately 2.474° South latitude and approximately 43.339° West longitude. The geographic area of the site is 1,257 square meters.
3. Surveyor 4 Landing Site
Contingent on ascertaining the intact condition of the spacecraft, the site is delimited as a circle 20 meters in radius from the centerline of the spacecraft, situated approximately 0.4° North latitude and approximately 1.33° West longitude. The geographic area of the site is 1,257 square meters.
4. Surveyor 5 Landing Site
The site is delimited as a circle 20 meters in radius from the centerline of the spacecraft, situated approximately 1.461° North latitude and approximately 23.195° East longitude. The geographic area of the site is 1,257 square meters.
5. Surveyor 6 Landing Site
The site is delimited as a circle 20 meters in radius from the centerline of the spacecraft, situated approximately 0.49° North latitude and approximately 1.40° West longitude. The geographic area of the site is 1,257 square meters.
6. Surveyor 7 Landing Site
The site is delimited as a circle 20 meters in radius from the centerline of the spacecraft, situated approximately 40.86° South latitude and approximately 11.47° West longitude. The geographic area of the site is 1,257 square meters.
7. Apollo 11 Landing and Traverse Site
The site is delimited as a circle 75 meters in radius from the centerline of the spacecraft, situated approximately 0.6741° North latitude and approximately 23.4730° East longitude. The geographic area of the site is 17,671 square meters.
Figure A2-1: Apollo 11 Landing Site
8. Apollo 12 Landing and Traverse and Surveyor 3 Landing Site
The site is delimited as: a circle 75 meters in radius from the centerline of the Apollo 12 Lunar Module descent stage, situated approximately 3.0124° South latitude and approximately 23.4216° West longitude; a circle 75 meters in radius from the Apollo 12 SNAP-27 radioisotope thermoelectric generator, situated approximately 3.0089° South latitude and approximately 23.42151° West longitude; a circle 20 meters in radius from the centerline of the Surveyor 3 spacecraft, situated approximately 3.015° South latitude and approximately 23.418° West longitude; a zone extending 20 meters from all regolith disturbed by human activity, including all area enclosed within the crossing of human traverse. The geographic area of the site is approximately 0.145 square kilometers.
Figure A2-2: Surveyor 3 Landing Site and Apollo 12 Landing and Traverse Site
9. Apollo 14 Landing and Traverse Site
The site is delimited as: a circle 75 meters in radius from the centerline of the Apollo 14 Lunar Module descent stage, situated approximately 3.6453° South latitude and approximately 17.4714° West longitude; a circle 75 meters in radius from the Apollo 14 SNAP-27 radioisotope thermoelectric generator, situated approximately 3.6434° South latitude and approximately 17.4784° West longitude; a zone extending 20 meters from all regolith disturbed by human activity, including all area enclosed within the crossing of human traverse. The geographic area of the site is approximately 0.236 square kilometers.
Figure A2.3: Apollo 14 Landing and Traverse Site
10. Apollo 15 Landing and Traverse Site
The site is delimited as: a circle 75 meters in radius from the centerline of the Apollo 15 Lunar Module descent stage, situated approximately 26.1322° North latitude and approximately 3.6339° East longitude; a circle 75 meters in radius from the Apollo 15 SNAP-27 radioisotope thermoelectric generator, situated approximately 26.1351° North latitude and approximately 3.6310° East longitude; a zone extending 20 meters from all regolith disturbed by human activity and vehicular traverse. The geographic area of the site is approximately 1.16 square kilometers.
Figure A2.4: Apollo 15 Landing and Traverse Site
11. Apollo 16 Landing and Traverse Site
The site is delimited as: a circle 75 meters in radius from the centerline of the Apollo 16 Lunar Module descent stage, situated approximately 8.9730° South latitude and approximately 15.5002° East longitude; a circle 75 meters in radius from the Apollo 16 SNAP-27 radioisotope thermoelectric generator, situated approximately 8.9752° South latitude and approximately 15.4980° East longitude; a zone extending 20 meters from all regolith disturbed by human activity and vehicular traverse. The geographic area of the site is approximately 1.10 square kilometers.
Figure A2.5: Apollo 16 Landing and Traverse Site
12. Apollo 17 Landing and Traverse Site
The site is delimited as: a circle 75 meters in radius from the centerline of the Apollo 17 Lunar Module descent stage, situated approximately 20.1908° North latitude and approximately 30.7717° East longitude; a circle 75 meters in radius from the Apollo 17 SNAP-27 radioisotope thermoelectric generator, situated approximately 20.1939° North latitude and approximately 30.7664° East longitude; a zone extending 20 meters from all regolith disturbed by human activity and vehicular traverse. The geographic area of the site is approximately 1.44 square kilometers.
Figure A2.6: Apollo 17 Landing and Traverse Site
13. Armstrong District Police Station Site
[To be determined]
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