357 



Article 10. Signatories shall consider on a basis of equality any requests by other 

 signatories to observe the flight of objects launched into outer 

 space. 



Article 11. Signatories shall make public the nature, conduct, location, and 

 results of their activities in outer space to the fullest extent feasible 

 and practicable. 



Article 12. All stations, installations, equipment, and space vehicles on the moon 

 and other celestial bodies of each signatory shall be open to repre- 

 sentatives of all other signatories. 248 



Six of the basic concepts of the 7 major articles of the Antarctic 

 Treaty are included within the 12 articles of the Space Treaty, as 

 shown in table 6. 



TABLE 6. COMPARISON OF THE PROVISIONS OF THE ANTARCTIC AND SPACE TREATIES 



Antarctic Treaty Provision Space Treaty 



Art. 1. Peaceful use, ban on military activities Art. 4. 



Art. 2. Freedom of scientific investigation Art. 1. 



Art. 3. Free exchange of information Art. 11. 



Art. 4. No recognition of territorial claims Art. 2. 



Art. 5. Ban on nuclear explosions 



Art, 6. Validity of international law Art. 3. 



Art. 7. Free right of inspection Art. 12. 



Article 5 of the Antarctic Treaty, prohibiting the carrying out of 

 nuclear explosions, was unnecessary in the Space Treaty in view of the 

 previous signing of the Test Ban Treaty. Arthur Goldberg, in his 

 capacity as U.S. Representative to the U.N. General Assembly, 

 remarked that the arms control provision of the Space Treaty ". . . 

 is similar to that embodied in the Antarctic Treaty . . . namely, 

 free access by all parties to one another's installations." M7 



This free access principle, as well as other basic principles established 

 by the Antarctic Treaty, could be applied to outer space largely be- 

 cause, as during the IGY, 



... no nation protested the flight of satellites over its territory. No nation 

 requested the launching states to obtain permission to fly over its sovereign lands 

 and territorial waters . . . No nation reserved its rights with regard to space- 

 flights in the future. Nor did any nation set an upper limit on airspace that might 

 have been construed as the lower boundary for outer space. 248 



Thus, as pointed out by Ambassador Goldberg, the three treaties 

 represented a "historic progression": 



First was the Antarctic Treaty of 1959, reserving that large area of the world 

 for exclusively peaceful activity; second was the limited test ban treaty of 1963, 

 and third is the treaty [on outer space] which now lies before this committee. 249 



Concluding Remarks 



As indicated earlier, the main objective of this case study has been 

 to shed light on whether the good will and cooperative spirit generated 

 by the international scientific community can be utilized to any extent 

 in the international political arena. In particular, the objective was to 

 determine whether the unprecedented scientific legacy of the IGY 

 exerted any significant impact upon subsequent international politi- 

 cal behavior. 



2« Summarized from: Department of State, Treaties and Other International Actt Series, No. 6347 (Wash- 

 ington: U.S. Government Printing Office, 1067), 89 pp. 



«' Department of Stale Built tin 49 (Jan. 9, 1967), p. 80. From a speech before the U.N. General Assem- 

 bly. Goldberg was referring specifically to art. I, II, and XII of the treaty. 



248 Rilenp Galloway, "Law, Order, and Outer Space," Electronic Age !9 (autumn 1970), p. 4. 



2« Department of State Bulldin 49 (Jan. 9, 1967), p. 78. Goldberg mentioned this "historic progression" 

 twice during his remarks. 



