The history of the rescue agreement began shortly after the beginning of the space age with a 1959 report from the Committee for peaceful uses of space: “The problems of re-entry and landing of spacecraft will arise for both unmanned and manned exploration craft. Recognizing that landing can be caused by accidents, errors or emergency landings, the Committee emphasized the opportunity to conclude multilateral agreements on readmission and landing. One of the topics that could be covered by these agreements is the return to the starting state of the vehicle itself and, in the case of a dressed vehicle, the provision of a rapid return of staff. The 1963 Declaration of Principle would soon be recognized as a binding international customary law. The 1968 bailout agreement would then be adopted shortly after the space treaty came into force in 1967. Article 3 states that “when information is received or it is established that the personnel of a spacecraft have arrived on board on the high seas or in another place that is not subject to the jurisdiction of a state, the contracting parties that are able to do so extend, if necessary, the assistance to search and rescue operations of these persons in order to ensure their rapid rescue. They inform the launching authority and the Secretary-General of the United Nations of the actions they have taken and their progress. Article 3 provides for the rescue of personnel from an “illuminated” spacecraft on the high seas or in another place that is not subject to the jurisdiction of a state. Thus, Article 3 would not only require the rescue of astronauts who have landed on the high seas, in accordance with Article V of the Space Treaty, but would also require rescue operations to be carried out when a landing on the Moon or other celestial bodies or on an Earth`s surface of the Earth`s surface is not subject to the jurisdiction of a state. , for example. B Antarctica. Article 2 states that “when the personnel of a space vehicle land on the territory of a contracting party due to accidents, emergencies, emergencies or accidental landings, they immediately take all possible measures to save it and provide them with all necessary assistance.
It informs the launch authority and the Secretary-General of the United Nations of the steps it has taken and their progress. If the assistance of the launch authority contributed to a rapid rescue or contributed significantly to the effectiveness of search and rescue operations, the launch authority cooperates with the contracting party to carry out search and rescue operations. These measures are subject to the management and control of the party acting in close and ongoing consultation with the opening authority. Article 5 concerns the restitution of space objects and is perhaps the most obvious example of how the bailout agreement has developed fundamental commitments in the Space Treaty. The last sentence of Article VIII of the Airspace Treaty requires only the parties to return space objects to the launch authority, provided that data is established on request. Article 5 of the 1968 bailout contains a number of secondary economic rights and obligations. The relevance of an international treaty is measured not only by the rationality, coherence and scope of its conditions, but also by its effective implementation. Transposition within the framework of international treaties concerns both the transposition into the legal order, i.e. by nation states in their national jurisdictions, and the implementation of facts, situations or disputes.