31 March 2016

Draft Treaty on Relations Between Human and Nonhuman States



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.

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