UNITED
STATES DEPARTMENT OF STATE
BUREAU OF
OCEANS, ENVIRONMENT AND SCIENCE
OFFICE OF
SPACE AND ADVANCED TECHNOLOGY
(OES/SAT)
DRAFT
TREATY ON RELATIONS BETWEEN HUMAN STATES AND NONHUMAN STATES
The States Parties to this treaty,
Acknowledging that humankind is not
the only sentient form of life in the universe,
Considering the existence of other
universes or dimensions, which also contain sentient forms of life,
Acknowledging the history of human
contact with nonhuman sentient beings from elsewhere in our universe, and from
other universes or dimensions,
Considering the possibility that
nonhuman cultures that can be important allies for our security and
development,
Recognizing that humankind is one
interconnected and interdependent species,
Determined that all sentient
species shall live in peace,
Inspired by the great prospects of
humankind assuming among the sentient species of the Cosmos the separate and
equal station to which the Laws of Nature entitle us,
Convinced that our national and
international policies must prepare for these possibilities,
Have agreed to the following:
ARTICLE 1
DEFINITIONS
For the purposes of this Treaty and
its Protocol, which is an integral part of this Treaty:
1. The term “Member State” means a
Member State of the United Nations, or an intergovernmental organization of
Member States.
2. The term “Nonhuman State” means
any organization, constituted as a government by sentient beings who are not
indigenous to Earth of this universe, dimension, or time and who are capable of
visiting Earth, which has the capacity to enter into relations with the States
of Earth.
3. The term “star system,” whether
used generically or in reference to a particular star, includes the star, all
celestial bodies in orbit thereof, and all regions within the star’s
gravitational sphere of influence.
ARTICLE 2
APPROPRIATION
1. The Nonhuman States Parties
relinquish all claim of sovereignty over and title to the Solar System and to
any part thereof, and to all star systems listed in Annex 1 of this Treaty.
2. The star systems which are
subject to paragraph 1 of this Article shall be the province of all hummankind,
and are not subject to national appropriation of any Nonhuman State Party by
claim of sovereignty, by means of use or occupation, or by any other means.
3. The star systems which are
subject to paragraph 1 of this Article are not subject to national
appropriation of any Member State Party by any claim of sovereignty, nor to
private appropriation in the absence of occupation and use.
4. The Treaty on Principles
Governing the Activities of States in the Exploration and Use of Outer Space,
including the Moon and Other Celestial Bodies, Article II, is without prejudice
to the rights of Nonhuman States Parties within star systems which are not
subject to paragraph 1.
ARTICLE 3
DIPLOMATIC
RELATIONS
1. Each Nonhuman State Party to
this Treaty shall be entitled to apply to the United Nations General Assembly
for the status of Permanent Observer State.
2. Each Nonhuman State Party to this
Treaty shall be entitled to establish diplomatic relations with a Member State
or Permanent Observer State of the United Nations.
3. The persons and premises
associated with each Nonhuman State mission, whether to the United Nations or
to a Member State or Permanent Observer State, shall enjoy all of the
privileges and immunities of diplomatic agents in accordance with the Vienna
Convention on Diplomatic Relations.
4. The States Parties to this
treaty hereby denounce any and all previous treaties made between Member States
and Nonhuman States, and undertake never to make any treaty without registering
it with the United Nations in accordance with Article 102 of the Charter of the
United Nations.
5. No Nonhuman State Party to this
treaty shall enter into any military alliance or make any collective security
treaty with any Member State Party unless such an agreement is open to all
Member States Parties.
ARTICLE 4
RENUNCIATION
OF WAR
The Nonhuman States Parties to this
treaty hereby accede to the General Treaty for Renunciation of War as an
Instrument of National Policy as applying within the Solar System.
ARTICLE 5
ARMS
CONTROL AND TECHNOLOGY TRANSFER
The Nonhuman States Parties to this
treaty hereby accede to the following treaties as applying within the Solar
System and undertake to cooperate with the international agencies thereof:
a) the Statute of the International
Atomic Energy Agency and its regulations;
b) the Treaty on the
Non-Proliferation of Nuclear Weapons;
c) the Convention on the
Prohibition of the Development, Production and Stockpiling of Bacteriological
(Biological) and Toxin Weapons and on their Destruction;
d) the Convention on the
Prohibition of Military or Any Other Hostile Use of Environmental Modification
Techniques;
e) the Convention on the
Prohibition of the Development, Production, Stockpiling and Use of Chemical
Weapons and on their Destruction;
f) the Comprehensive Nuclear Test
Ban Treaty;
g) the Missile Technology Control
Regime;
h) the Wassenaar Arrangement on
Export Controls for Conventional Arms and Dual-Use Goods and Technologies; and
i) the Arms Trade Treaty.
ARTICLE 6
DUTY TO
SUPPRESS AND PUNISH INTERNATIONAL CRIMES
The Nonhuman States Parties to this
treaty hereby accede to to the following treaties as applying within the Solar
System:
a) the Convention to Suppress the
Slave Trade and Slavery;
b) the Convention Concerning Forced
or Compulsory Labour;
c) the Convention on the Prevention
and Punishment of the Crime of Genocide;
d) the Convention for the
Suppression of the Traffic in Persons and of the Exploitation of the
Prostitution of Others;
e) the Supplementary Convention on
the Abolition of Slavery, the Slave Trade, and Institutions and Practices
Similar to Slavery;
f) the Convention Concerning the
Abolition of Forced Labour;
g) the Single Convention on
Narcotic Drugs;
h) the Convention on Psychotropic
Substances;
i) the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment;
j) Articles 100 through 107 of the
United Nations Convention on the Law of the Sea as they apply to piracy in
outer space;
k) the United Nations Convention
Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances;
l) the Comprehensive Convention on
International Terrorism; and
m) the Rome Statute of the
International Criminal Court.
ARTICLE 7
INTERNATIONAL
OUTER SPACE LAW
The States Parties to this treaty
hereby accede to to the following treaties as applying within the Solar System:
a) the Treaty on Principles
Governing the Activities of States in the Exploration and Use of Outer Space,
including the Moon and Other Celestial Bodies, hereinafter called the “Outer Space Treaty;”
b) the Agreement on the Rescue of
Astronauts, the Return of Astronauts and the Return of Objects Launched into
Outer Space;
c) the Convention on International
Liability for Damage Caused by Space Objects, hereinafter called the “Liability
Convention;”
d) the Convention on Registration
of Objects Launched Into Outer Space, hereinafter called the “Registration
Convention;” and
e) the Agreement Governing the
Activities of States on the Moon and Other Celestial Bodies;
ARTICLE 8
SPACE
OBJECT REGISTRATION AND TRAFFIC CONTROL
1. Each Nonhuman State Party to
this treaty, in addition to its obligations pursuant to the Registration
Convention, shall promptly notify the United Nations Office for Outer Space
Affairs of any launch of a space object under its jurisdiction from any
celestial body within the Solar System or the landing of a space object under
its jurisdiction on any celestial body within the Solar System. Information to
be provided shall include the time, date and location of the launch, purpose of
the object’s flight, the intended destination of the object, and its estimated
time and date of arrival.
2. Each Nonhuman State Party to
this treaty, in addition to its obligations pursuant to the Registration
Convention, shall promptly notify the United Nations Office for Outer Space
Affairs of any facility constructed on or below the surface any celestial body
within the Solar System. Information to be provided shall include the location
and purpose of the facility.
3. Each Nonhuman State Party to
this treaty shall bear international responsibility for ensuring that space
objects under its jurisdiction operating in Earth’s atmosphere, whether in
international or national airspace, are in compliance with applicable aviation
regulations and air traffic control procedures.
ARTICLE 9
LIABILITY
1. The Nonhuman States Parties to
this treaty undertake to identify to the United Nations Office for Outer Space
Affairs all cases, dating from the Liability Convention’s entry into force on 1
September 1972 forward, the following acts having occurred within the
jurisdiction of the international law of Earth from the time that the
Convention has been in force:
a) property damage, debris field
cleanup costs, including harmful chemical, biological and radioactive
contamination, resulting from the intentional landing or accidental impact of
spacecraft;
b) crop damage resulting from to
the impression of large circles and other symbols;
c) the loss of livestock due to
mutilation; and
d) personal injuries.
2. The United Nations Office for
Outer Space Affairs shall refer such cases, as it may deem appropriate, to the
International Tribunal for Outer Space Law.
ARTICLE 10
CRIMINAL
JURISDICTION
1. The Nonhuman States Parties to
this treaty undertake to identify to the United Nations Office for Outer Space
Affairs all cases, dating from 1 January 1951, the following acts having
occurred within the jurisdiction of the international law of Earth from the
time that the Nuremberg Principles regarding crimes against humanity were
received into the law of civilized nations:
a) rape, sexual slavery, or any
other form of sexual violence of comparable gravity;
b) enforced disappearance of
persons, and other inhumane acts of a similar character intentionally causing
great suffering, or serious injury to body or to mental or physical health;
c) torture or inhuman treatment,
including biological experiments.
2. The United Nations Office for
Outer Space Affairs shall refer such cases, as it may deem appropriate, to the
ad hoc International Criminal Tribunal for the Nonhuman States, the statute of
which is Part 1 of the Protocol to this Treaty.
3. The Nonhuman States Parties
undertake to identify and to immediately repatriate any abductees remaining
under the control of persons under their jurisdiction.
ARTICLE 11
VERIFICATION
1. Verification of compliance with
the provisions this Treaty shall be carried out by:
(a) national technical means of
verification in accordance with Paragraphs 2 and 3 of this Article; and
(b) inspection activities as
provided for in Article 12 of this Treaty.
2. For the purpose of ensuring
verification of compliance with the provisions of this Treaty, each State Party
undertakes:
(a) to use national technical means
of verification at its disposal in a manner consistent with generally
recognized principles of international law;
(b) not to interfere with the
national technical means of verification of other States Parties operating in
accordance with this Article; and
(c) not to use concealment measures
that impede verification, by national technical means of verification, of
compliance with the provisions of this Treaty.
ARTICLE 12
INSPECTIONS
1. For the purpose of ensuring
verification of compliance with the provisions of this Treaty, each State Party
shall have the right to conduct inspection activities in accordance with this
Article and Part 5 of the Protocol to this Treaty.
2. Each State Party shall have the
right to conduct inspections at facilities listed in Section 7 of Part 5 of the
Protocol to this Treaty.
3. In addition, each State Party
shall have the right to conduct inspections at formerly declared facilities,
which are provided for in Part 2 of the Protocol to this Treaty, to confirm
that such facilities are not being used for purposes inconsistent with this
Treaty.
ARTICLE 13
RIGHTS OF
STATES
1. Nothing in this Treaty may be
interpreted as impeding the exercise by the States Parties of their right to
explore and use outer space for peaceful purposes in accordance with
international law, including the Charter of the United Nations and the Outer
Space Treaty.
2. Nothing in this Treaty may be
interpreted as impeding the exercise by the States Parties of their right of
individual or collective self-defense in accordance with Article 51 of the
Charter of the United Nations.
ARTICLE 14
DURATION
This Treaty shall be of unlimited
duration.
ARTICLE 15
RATIFICATION
1. This Treaty shall be opened for
signature by all States, and by intergovernmental organizations in accordance
with Part 2 of the Protocol to this Treaty, at United Nations Headquarters in
New York. Any State which has not signed this Treaty before its entry into
force may accede to it at any time.
2. This Treaty, including its
Protocol, which is an integral part thereof, is subject to ratification by
States and intergovernmental organizations. The instruments of ratification and
of formal confirmation shall be deposited with the Secretary-General of the
United Nations.
3. This Treaty shall enter into
force 180 days after the date of deposit of the instruments of ratification by
all States listed in Annex 2 to this Treaty, but in no case earlier than two
years after its opening for signature.
ARTICLE 16
RESERVATIONS
AND DECLARATIONS
1. No reservations may be made to
this Treaty.
2. Paragraph 1 of this Article does
not preclude a State, when signing, ratifying or acceding to this Treaty, 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 Treaty, provided that such declarations or statements do not purport to
exclude or to modify the legal effect of the provisions of this Treaty in their
application to that State.
ARTICLE 17
ACCESSION
1. For States whose instruments of
ratification or accession are deposited after the entry into force of the
Treaty, it shall enter into force on the date of the deposit of their
instruments of ratification or accession.
2. The Secretary-General of the
United Nations shall promptly inform all signatory and acceding States of the
date of each signature, the date of deposit of each instrument of ratification
and accession, the date of entry into force of this treaty as well as other
notices.
ARTICLE 18
DEPOSITARY
1. The Secretary-General of the
United Nations shall be the Depositary of this Treaty and shall receive
signatures, instruments of ratification and instruments of accession.
2. The Depositary shall promptly
inform all States Signatories and acceding States of the date of each
signature, the date of deposit of each instrument of ratification or accession,
the date of the entry into force of this Treaty and of any amendments and
changes thereto, and the receipt of other notices.
3. The Depositary shall send duly
certified copies of this Treaty to the Governments of the States Signatories
and acceding States.
4. This Treaty shall be registered
by the Depositary pursuant to Article 102 of the Charter of the United Nations.
ARTICLE 19
AMENDMENTS
1. At any time after the entry into
force of this Treaty, any State Party may propose amendments to this Treaty,
the Protocol, or the Annexes to the Protocol. Any State Party may also propose
changes, in accordance with paragraph 7, to the Protocol or the Annexes
thereto. Proposals for amendments shall be subject to the procedures in
paragraphs 2 to 6. Proposals for changes, in accordance with paragraph 7, shall
be subject to the procedures in paragraph 8.
2. The proposed amendment shall be
considered and adopted only by an Amendment Conference.
3. Any proposal for an amendment
shall be communicated to the Secretary-General of the United Nations, who shall
circulate it to all States Parties and the Depositary and seek the views of the
States Parties on whether an Amendment Conference should be convened to
consider the proposal. If a majority of the States Parties notify the
Secretary-General no later than 30 days after its circulation that they support
further consideration of the proposal, the Secretary-General shall convene an
Amendment Conference to which all States Parties shall be invited.
4. The Amendment Conference shall
be held immediately following a regular session of the Conference unless all
States Parties that support the convening of an Amendment Conference request
that it be held earlier. In no case shall an Amendment Conference be held less
than 60 days after the circulation of the proposed amendment.
5. Amendments shall be adopted by
the Amendment Conference by a positive vote of a majority of the States Parties
with no State Party casting a negative vote.
6. Amendments shall enter into
force for all States Parties 30 days after deposit of the instruments of
ratification or acceptance by all those States Parties casting a positive vote
at the Amendment Conference.
ARTICLE 20
WITHDRAWAL
1. Each State Party shall, in
exercising its national sovereignty, have the right to withdraw from this
Treaty if it decides that extraordinary events related to the subject matter of
this Treaty have jeopardized its supreme interests.
2. Withdrawal shall be effected by
giving notice six months in advance to all other States Parties, the Executive
Council, the Depositary Secretary-General of the United Nations and the United
Nations Security Council. Notice of withdrawal shall include a statement of the
extraordinary event or events which a State Party regards as jeopardizing its
supreme interests.
3. In the event of the withdrawal
by one State listed in Annex 2 to this Treaty, or by all Nonhuman States, this
treaty shall be terminated.
ARTICLE 21
AUTHORITATIVE
TEXTS
This Treaty, of which the Arabic,
Chinese, English, French, Russian and Spanish texts, and texts of languages
designated by the Nonhuman States Parties, are equally authentic, shall be
deposited with the Secretary-General of the United Nations.
