[FPSPACE] Moscow Proposes Treaty on Non-Militarization of Space
JamesOberg@aol.com
JamesOberg@aol.com
Tue, 12 Dec 2000 10:41:36 EST
KOZIN ON "NONMILITARIZATION OF SPACE", SUGGESTS MOSCOW PROPOSE RUSSIAN-US
BILATERAL TREATY ON THE "IMMUNITY OF SATELLITES" TO "GUARANTEE THE
NONMILITARIZATION OF SPACE", PRESENTS HIS OWN DRAFT TREATY
MOSCOW NG-DIPKURYER (INTERNET VERSION-WWW) IN RUSSIAN 23 NOV 00
[ARTICLE BY VLADIMIR KOZIN: "RUSSIA COULD PROPOSE A DRAFT TREATY ON THE
IMMUNITY OF SATELLITES TO THE NEW AMERICAN ADMINISTRATION. A START TOWARD
THE NON-MILITARIZATION OF OUTER SPACE"]
WHILE SPEAKING AT THE MILLENNIUM SUMMIT IN NEW YORK IN SEPTEMBER OF THIS
YEAR, RUSSIAN PRESIDENT VLADIMIR PUTIN EXPRESSED "SPECIAL CONCERN" WITH
REGARD TO PLANS FOR THE MILITARIZATION OF OUTER SPACE AND PROPOSED TO CONDUCT
AN INTERNATIONAL CONFERENCE TO PREVENT THE MILITARIZATION OF OUTER SPACE
UNDER THE AEGIS OF THE UN IN THE SPRING OF 2001.
THE HEAD OF THE RUSSIAN STATE WAS CLEARLY LOOKING AHEAD, WHILE USING IN
THE PROCESS THE WORDS "THE PLANS FOR THE MILITARIZATION", SINCE OUTER SPACE,
FORTUNATELY, HAS NOT BEEN AS ENGULFED BY THIS DISASTROUS PROCESS AS THE OTHER
SPHERES - LAND, SEA, AND AIR SPACE. BUT IF RIGHT NOW IT IS TRULY DIFFICULT
TO DECLARE OUTER SPACE TO BE "MILITARIZED", THEN IN THE NEAR FUTURE IT COULD
ENTIRELY BECOME THAT. THE BASIS: FIRST OF ALL, ITS MILITARY
MASTERY HAS ALREADY BEGUN AND, SECOND, AS ONE CAN ASSUME, UNDER CERTAIN
CONDITIONS THIS PROCESS WILL MOST LIKELY DEVELOP AT MORE ACCELERATED RATES IN
THE NEXT FEW YEARS.
IT SEEMS THAT THESE CONDITIONS COULD EMERGE AS A RESULT OF TWO
POSSIBLE EVENTS. FIRST: IF THE KEY TREATY THAT MAINTAINS STRATEGIC
STABILITY ON A GLOBAL SCALE - THE ABM [ANTIBALLISTIC MISSILE] TREATY - WILL
GO TO PIECES. SECOND, IF SOME STATE WILL LAUNCH ANTI-SATELLITE SYSTEMS
(PSS) TOGETHER WITH SPACE STRIKE WEAPONS (UKV) INTO SPACE ORBITS.
EVEN A BREAK OR MODIFICATION OF THE ABM TREATY - THE RUSSO-AMERICAN
TREATY ON ANTIMISSILE DEFENSE OF 1972 AND ITS INTEGRAL PART - THE 1974
PROTOCOL, WHICH DOES NOT PERMIT AN UNCONTROLLED RACE BETWEEN OFFENSIVE AND
DEFENSIVE STRATEGIC WEAPONS OF THE WORLD'S LEADING NUCLEAR MISSILE POWERS -
WILL BE SUFFICIENT TO INITIATE THE PROCESS OF THE INTENSIVE MILITARIZATION OF
OUTER SPACE.
ONE COULD ALSO ASSUME THAT, IN THE BACKGROUND OF A NULLIFIED ABM
TREATY, THE APPEARANCE OF ANTI-SATELLITE SYSTEMS AND SPACE STRIKE WEAPONS OF
VARIOUS TYPES AND MISSIONS IN OUTER SPACE WILL CREATE A REAL THREAT NOT ONLY
FOR BALLISTIC MISSILES BEING LAUNCHED BUT ALSO FOR ANY MANNED OR UNMANNED
SPACECRAFT, AND ALSO BOTH MILITARY AND CIVILIAN SATELLITES, WHICH SO FAR
REMAIN POORLY PROTECTED FROM THE POINT OF VIEW OF CONTEMPORARY INTERNATIONAL
LAW. THE FACT IS THAT SO FAR MEASURES OF HOSTILE IMPACT IN
RELATION TO THE INDICATED SPACECRAFT HAVE NOT BEEN CLASSIFIED AND HAVE NOT
BEEN PROHIBITED AND A RELIABLE JURIDICAL BARRIER HAS NOT BEEN CREATED ON THE
PATH OF THE DEPLOYMENT OF ANTI-SATELLITE SYSTEMS. MEANWHILE, IT IS EASY TO
ASSUME THAT FIRST AND FOREMOST THE "EYES AND EARS" THAT ARE DEPLOYED IN OUTER
SPACE WILL BECOME A TARGET OF ATTACK IN THE EVENT OF THE INITIATION OF "STAR
WARS".
THEREFORE, IT FIRST OF ALL APPEARS TO BE ADVISABLE TO REGULATE THE
ISSUES OF GUARANTEEING THE SECURITY OF MANNED SPACECRAFT AND CIVILIAN AND
NON-MILITARY SPACECRAFT AND SATELLITES (PHOTO RECONNAISSANCE, METEOROLOGICAL,
NAVIGATIONAL, COMMUNICATIONS, AND OTHERS SIMILAR TO THEM) THAT ARE FLYING IN
AUTOMATIC MODE.
THE NEED TO RESOLVE THIS ISSUE PRECISELY WITH THE UNITED STATES IS
DICTATED, ON THE ONE HAND, BY ITS IMPROVEMENT OF ANTI-SATELLITE SYSTEMS; THE
REALIZATION OF PROGRAMS FOR THE DEVELOPMENT OF SPACE STRIKE WEAPONS, WHICH
COULD BE USED AS ANTI-SATELLITE WEAPONS; BY THE POSSIBLE INCLUSION OF A
NUMBER OF NATO ALLIES IN AMERICAN PLANS FOR THE MILITARIZATION OF OUTER
SPACE; AND, ON THE OTHER HAND, BY THE TASK OF CREATING AN ATMOSPHERE OF
GREATER CONFIDENCE AND PROPER RELATIONS BETWEEN MOSCOW AND WASHINGTON,
INCLUDING IN THE PROCESS OF THE FURTHER, DEEPER, AND MORE INTENSIVE
EXPLORATION OF OUTER SPACE. IN THE PROCESS, IT WOULD ALSO BE INCORRECT TO
DISREGARD SUCH FACTORS AS: THE HIGH RATES OF THE COMMERCIALIZATION OF OUTER
SPACE; THE PRESENCE OF A QUITE LARGE NUMBER OF MILITARY SATELLITES,
WHICH ACCOMPLISH IMPORTANT SURVEILLANCE, COMMAND AND CONTROL,
VERIFICATION, AND COMMUNICATIONS FUNCTIONS FOR A NUMBER OF OTHER
STATES; AND, THE NEED TO GUARANTEE GLOBAL STRATEGIC STABILITY AND
CONDITIONS THAT EXCLUDE THE INCORRECT INTERPRETATION OF ANY ACTIONS
WHATSOEVER OF THE OTHER SIDE IN OUTER SPACE, WHICH COULD RESULT IN
UNLEASHING A WAR IN OUTER SPACE OR THROUGH IT.
IN THIS REGARD, IT APPEARS TIMELY TO PROPOSE TO THE NEW AMERICAN
ADMINISTRATION TO CONCLUDE A BILATERAL TREATY ON THE IMMUNITY OF CIVILIAN AND
NON-MILITARY SATELLITES AND OTHER SPACECRAFT, WHICH ARE NOT AMONG
ANTI-SATELLITE SYSTEMS OR SPACE STRIKE WEAPONS.
THE DRAFT OF THIS UNDERSTANDING COULD BE COMPILED WHILE TAKING INTO
ACCOUNT THE PROVISIONS OF THE TREATY ON PRINCIPLES OF THE ACTIVITIES OF
STATES FOR THE EXPLORATION AND USE OF OUTER SPACE, INCLUDING THE MOON AND
OTHER CELESTIAL BODIES, DATED JANUARY 27, 1967, THE AGREEMENT ON THE RESCUE
OF ASTRONAUTS, THE RETURN OF ASTRONAUTS AND THE RETURN OF OBJECTS THAT ARE
LAUNCHED INTO OUTER SPACE, DATED APRIL 22, 1967, THE CONVENTION ON THE
PROHIBITION OF MILITARY OR ANY OTHER HOSTILE USE OF ENVIRONMENTAL
MODIFICATION TECHNIQUES, DATED MAY 18, 1977, AND THE CONVENTION ON THE
TRANSFER AND USE OF DATA OF REMOTE SENSING OF THE EARTH FROM OUTER SPACE,
DATED MAY 19, 1978. DURING THE PREPARATION OF THIS TREATY, ONE COULD ALSO
USE THE PROVISIONS OF THE DRAFT TREATY ON THE PROHIBITION OF WEAPONS OF ANY
TYPE IN OUTER SPACE, DATED AUGUST 12, 1981, THE DRAFT TREATY ON THE
PROHIBITION OF THE USE OF FORCE IN OUTER SPACE AND FROM SPACE WITH RESPECT TO
THE EARTH, DATED AUGUST 22, 1983, AND ALSO THE IDEAS OF CERTAIN AMERICAN
DRAFT AGREEMENTS ON THE RESTRICTION OF ANTI-SATELLITE WEAPONS, WHICH WERE
SUBMITTED DURING THE COURSE OF THE CORRESPONDING NEGOTIATIONS WITH THE SOVIET
UNION IN 1978-1979.
THE DRAFT JOINT RUSSO-AMERICAN TREATY ON THE IMMUNITY OF SATELLITES
COULD OBVIOUSLY CONTAIN A BROADER LIST OF HOSTILE ACTS WITH REGARD TO
SATELLITES THAN WAS CONTAINED IN THE WORDING PROPOSED BY THE DELEGATIONS OF
THE USSR AND THE UNITED STATES DURING THE COURSE OF THE INDICATED
NEGOTIATIONS ON ANTI-SATELLITE SYSTEMS.
THIS AGREEMENT COULD STIPULATE THE OPEN-ENDED IMMUNITY OF THE SIDES'
CIVILIAN AND NON-MILITARY SATELLITES AND OTHER SPACECRAFT. IT WOULD NOT
ENCOMPASS ANTI-SATELLITE SYSTEMS, SPACE STRIKE WEAPONS, AND OTHER SPACE-BASED
SYSTEMS THAT HAVE ANY TYPES OF WEAPONS WHATSOEVER ON BOARD, AND ALSO WOULD
NOT EXTEND TO SPACECRAFT THAT ARE ACCOMPLISHING THE FUNCTIONS OF A TRANSFER
ELEMENT DURING THE COMMISSION OF HOSTILE ACTS WITH REGARD TO
SATELLITES (MIRRORS-REFLECTORS, TARGET INDICATORS, AND OTHERS).
OF COURSE, THE TEXT OF THE TREATY, THE DRAFT OF WHICH WAS PREPARED BY
THE AUTHOR IN A PRIVATE CAPACITY, MUST BE COORDINATED WITH THE MINISTRIES AND
DEPARTMENTS CONCERNED.
THE DRAFT -- "TREATY BETWEEN THE RUSSIAN FEDERATION AND THE UNITED STATES
OF AMERICA ON THE IMMUNITY OF CIVILIAN AND NON-MILITARY SATELLITES AND
OTHER SPACECRAFT"
THE RUSSIAN FEDERATION AND THE UNITED STATES OF AMERICA,
HEREINAFTER REFERRED TO AS THE SIDES,
GUIDED BY THE GOALS OF STRENGTHENING PEACE AND STRATEGIC
STABILITY ON A GLOBAL SCALE, AND ALSO INTERNATIONAL SECURITY,
ORIGINATING FROM THEIR OBLIGATIONS ACCORDING TO THE UNITED
NATIONS CHARTER TO REFRAIN FROM THE THREAT OF FORCE OR ITS USE IN
ANY MANNER WHATSOEVER THAT IS INCOMPATIBLE WITH THE GOALS OF THIS
INTERNATIONAL ORGANIZATION,
CONFIRMING THEIR ADHERENCE TO ARTICLE 1 AND ARTICLE 5 OF THE
TREATY ON THE RESTRICTION OF ANTIMISSILE DEFENSE SYSTEMS, THAT
CONCERN OBLIGATIONS ON THE NON-DEPLOYMENT OF ANTIBALLISTIC MISSILE
DEFENSE SYSTEMS OF THE PARTICIPATING COUNTRIES' TERRITORIES AND
THAT ALSO CONTAIN OBLIGATIONS TO NOT DEVELOP, TEST, OR DEPLOY,
SPECIFICALLY, SPACE-BASED SYSTEMS,
REALIZING THAT ANY HOSTILE ACT OF ANY STATE WHATSOEVER, THAT IS
UNDERTAKEN AGAINST A CIVILIAN OR NON-MILITARY SATELLITE OR OTHER
SPACECRAFT, COULD AFFECT SECURITY IN OUTER SPACE AND STRATEGIC
STABILITY ON THE PLANET IN THE MOST NEGATIVE MANNER,
HAVE AGREED TO THE FOLLOWING:
ARTICLE 1
FOR THE PURPOSES OF THIS TREATY:
A) THE TERM "SATELLITES AND OTHER SPACECRAFT" INCLUDES OBJECTS THAT
HAVE BEEN LAUNCHED INTO NEAR-EARTH ORBIT OR ANOTHER TRAJECTORY IN OUTER SPACE
AND INCLUDE THEIR COMPONENTS, AND ALSO THEIR LAUNCH VEHICLES;
B) THE TERM "CIVILIAN SATELLITES AND OTHER SPACECRAFT" INCLUDES
SATELLITES AND OTHER SPACECRAFT THAT ACCOMPLISH OR PROMOTE THE ACCOMPLISHMENT
OF SPECIFIC NATIONAL-ECONOMIC, SCIENTIFIC-RESEARCH, AND OTHER PEACEFUL GOALS,
AND ALSO MANNED SPACECRAFT, STATIONS, OR LABORATORIES;
C) THE TERM "NON-MILITARY SATELLITES AND OTHER SPACECRAFT" INCLUDES
SATELLITES AND OTHER SPACECRAFT THAT ACCOMPLISH OR PROMOTE THE ACCOMPLISHMENT
OF SPECIFIC MILITARY MISSIONS, BUT THAT DO NOT HAVE ON BOARD ANY WEAPONS OF
ANY TYPE OR MISSION WHATSOEVER OR OTHER SYSTEMS OF ANY HARMFUL IMPACT
WHATSOEVER ON SATELLITES OR OTHER SPACECRAFT;
D) THE TERM "MILITARY SATELLITES AND OTHER SPACECRAFT" INCLUDES
SATELLITES AND OTHER SPACECRAFT THAT EITHER HAVE ANY TYPES OF WEAPONS
WHATSOEVER ON BOARD, OR WHICH IN AND OF THEMSELVES ARE WEAPONS FOR THE
DESTRUCTION OR DAMAGE OF THE OTHER SIDE'S SATELLITES OR OTHER SPACECRAFT
THROUGH A COLLISION WITH THEM AND ALSO DESIGNED TO CONDUCT COMBAT OPERATIONS
OF AN OFFENSIVE OR DEFENSIVE NATURE AGAINST TARGETS, THAT ARE LOCATED IN
OUTER SPACE, IN THE AIRSPACE, AND ON EARTH;
E) THE TERM THE "IMMUNITY OF CIVILIAN AND NON-MILITARY SATELLITES AND
OTHER SPACECRAFT" MEANS THEIR FULL PHYSICAL AND JURIDICAL INVIOLABILITY WHICH
EXCLUDES THE POSSIBILITY OF THE USE OF SYSTEMS OF HOSTILE IMPACT AGAINST THEM
ON ANY SECTOR OF THEIR TRAJECTORY, WHICH WOULD ENTAIL:
1) THEIR COMPLETE DESTRUCTION, AND ALSO ELIMINATING AND DISABLING THE
CREWS OF MANNED SPACECRAFT;
2) THE PARTIAL DAMAGE OF SATELLITES AND OTHER SPACECRAFT;
3) ANY DISRUPTION OF THEIR NORMAL FUNCTIONING;
4) SLOWING OR ACCELERATING THEIR FLIGHT;
5) CHANGE THEIR ORBITS OR FLIGHT TRAJECTORIES;
6) THEIR REMOVAL FROM ORBIT;
7) THEIR REPLACEMENT WITH OTHER SATELLITES AND OTHER SPACECRAFT;
8) DANGEROUSLY CLOSE MANEUVERING OR APPROACH, AND ALSO DOCKING WITH
SATELLITES OR OTHER SPACECRAFT;
9) DANGEROUSLY CLOSE INTERSECTION OF THE ORBIT OR TRAJECTORY OF
SATELLITES OR OTHER SPACECRAFT;
10) PASSAGE BETWEEN TWO SATELLITES OR OTHER SPACECRAFT, THAT
ARE FOLLOWING EACH OTHER ALONG ONE AND THE SAME OR AN ADJACENT
TRAJECTORY;
11) THE TRANSMISSION OF KNOWINGLY DISTORTED COMMANDS TO THEIR
LIFE SUPPORT OR FLIGHT CONTROL SYSTEMS OR TO THE SYSTEMS FOR THE
COLLECTION, PROCESSING, CODING, AND TRANSMISSION OF TELEMETRY DATA,
AND ALSO CARRYING OUT ANY ACTIONS, THAT IMPEDE THE OPERATION OR A
MODE OF OPERATION OF ALL OF THE SYSTEMS LISTED ABOVE;
12) VISUAL, OPTICAL, INFRARED, ELECTROMAGNETIC, AND OTHER TYPES OF
INSPECTION AND SURVEILLANCE FROM A DANGEROUSLY CLOSE DISTANCE;
13) THE INSTALLATION ON THEM OR THE REMOVAL FROM THEM OF VARIOUS TYPES
OF INSTRUMENTS, SENSORS, OR OTHER EQUIPMENT, OR ANY INSTALLED OR
TECHNOLOGICAL ASSEMBLIES WHATSOEVER, OR STRUCTURES WITH THE GOAL OF
COMMITTING OTHER HOSTILE ACTS AGAINST THEM IN SUPPORT OF THE ACHIEVEMENT OF
THE GOALS THAT ARE SET FORTH IN THE PARAGRAPHS INDICATED ABOVE;
14) CARRYING OUT OTHER HOSTILE ACTS, WHICH HAVE NOT BEEN
STIPULATED ABOVE, BUT WHICH COULD RESULT, IN THE FINAL ANALYSIS, IN
CONSEQUENCES THAT ARE SET FORTH IN PARAGRAPHS 1-13 OF THIS ARTICLE.
ARTICLE 2
THE SIDES HAVE AGREED WITH THE FACT THAT IMMUNITY IN THAT
INTERPRETATION, AS HAS BEEN SET FORTH IN PARAGRAPH "E" OF ARTICLE 1
OF THIS TREATY, EXTENDS BOTH TO THEIR CIVILIAN AND NON-MILITARY
SATELLITES OR OTHER SPACE OBJECTS THAT HAVE BEEN LAUNCHED OR ARE
BEING LAUNCHED AND THAT BELONG TO THEM UNDER THE RIGHTS OF
OWNERSHIP.
ARTICLE 3
THE SIDES WILL PROMOTE IN EVERY POSSIBLE WAY THE STRENGTHENING
OF SECURITY, NORMAL AND UNINTERRUPTED FUNCTIONING IN OUTER SPACE OF
CIVILIAN AND NON-MILITARY SATELLITES AND OTHER SPACECRAFT AND FOR
THIS PURPOSE AGREE:
A) TO INFORM EACH OTHER IN A TIMELY MANNER ABOUT ALL ACTIONS
WITH REGARD TO THE OTHER SIDE'S CIVILIAN AND NON-MILITARY
SATELLITES AND OTHER SPACECRAFT, WHICH COULD BE INCORRECTLY
UNDERSTOOD OR INCORRECTLY INTERPRETED BY ONE SIDE;
B) IMMEDIATELY INFORM EACH OTHER WITH REGARD TO THE DANGEROUS
APPROACH OF ONE SIDE'S SATELLITE OR OTHER SPACECRAFT TO THE OTHER
SIDE'S SATELLITE OR OTHER SPACECRAFT, WHICH HAS OCCURRED AS A
RESULT OF AN ACCIDENT OR OTHER ACTS OF GOD, AND ALSO INCLUDE IN
THAT INFORMATION DATA ON THE ORBIT OF THE OBJECT IN DISTRESS
(APOGEE, PERIGEE, ANGLE OF INCLINE OF THE ORBIT, ORBITAL PERIOD
AROUND THE EARTH, AND OTHER INFORMATION NEEDED TO TAKE THE
APPROPRIATE SAFETY MEASURES);
C) IMMEDIATELY INFORM EACH OTHER ON ALL CASES OF UNINTENTIONAL AND
ACCIDENTAL DAMAGE OR DESTRUCTION OF THE OTHER SIDE'S CIVILIAN OR NON-MILITARY
SATELLITE OR OTHER SPACECRAFT WITHOUT EXCEPTION;
D) EXAMINE AT REGULAR OR SPECIAL EXTRAORDINARY SESSIONS
WITHIN THE FRAMEWORK OF THE JOINT RUSSO-AMERICAN STANDING
CONSULTATIVE COMMISSION, THAT WAS CREATED TO ASSIST THE
IMPLEMENTATION OF THE GOALS AND PROVISIONS OF THE TREATY ON THE
LIMITATION OF ANTIMISSILE DEFENSE SYSTEMS, THE UNDERSTANDINGS IN
THE SPHERE OF THE RESTRICTION OF STRATEGIC OFFENSIVE WEAPONS, AND
ALSO THE AGREEMENT ON MEASURES TO REDUCE THE DANGER OF THE OUTBREAK
OF NUCLEAR WAR, ANY ISSUES, WHICH COULD ARISE AS A RESULT OF THE
FULFILLMENT OF THE PROVISIONS OF THIS TREATY, AND ALSO CASES OF
UNINTENTIONAL OR ACCIDENTAL DAMAGE OR DESTRUCTION OF THE OTHER
SIDE'S CIVILIAN OR NON-MILITARY SATELLITE OR SPACECRAFT; AND,
E) MAKE REQUESTS TO OBTAIN THE NEEDED INFORMATION AND TO
SUBMIT IT IN CONNECTION WITH SUCH REQUESTS.
ARTICLE 4
THE SIDES ARE OBLIGED NOT TO PROMOTE, ENCOURAGE, OR COMPEL ANY
OTHER STATES, GROUPS OF STATES, INTERNATIONAL ORGANIZATIONS, AND
ALSO PHYSICAL AND JURIDICAL PERSONS TO ACTIVITY DIRECTED AT A FULL
OR PARTIAL UNDERMINING OR WEAKENING OF THE CONTENT OF THE PRINCIPLE
OF THE IMMUNITY OF CIVILIAN AND NON-MILITARY SATELLITES AND OTHER
SPACECRAFT IN ACCORDANCE WITH PARAGRAPH "E" OF ARTICLE 1 OF THIS
TREATY.
ARTICLE 5
THE SIDES ARE OBLIGED TO NOT DESTROY OR DAMAGE THE LAUNCH AND
FUNCTIONAL CONTROL CENTERS AND EQUIPMENT OF THE INDICATED CIVILIAN
AND NON-MILITARY SATELLITES AND OTHER SPACECRAFT IN FLIGHT.
ARTICLE 6
1. TO ENSURE THE RELIABLE MONITORING OF THE OBSERVANCE OF THE
PROVISIONS OF THIS TREATY, THE SIDES CAN UTILIZE IN AN UNIMPEDED
MANNER THE EXISTING NATIONAL TECHNICAL MEANS OF VERIFICATION OF ANY
TYPES OF BASING THAT THEY HAVE AT THEIR DISPOSAL IN FULL ACCORDANCE
WITH THE UNIVERSALLY RECOGNIZED NORMS AND PRINCIPLES OF
INTERNATIONAL LAW AND THE UNITED NATIONS CHARTER.
2. EACH SIDE IS OBLIGED TO NOT CREATE AND NOT PROMOTE THE
CREATION OF ANY INTERFERENCE WHATSOEVER TO THE NORMAL FUNCTIONING
OF THE OTHER SIDE'S NATIONAL TECHNICAL MEANS OF VERIFICATION.
ARTICLE 7
NOTHING IN THIS TREATY AFFECTS:
A) THE SIDES' INALIENABLE RIGHTS TO INDIVIDUAL OR COLLECTIVE
SELF-DEFENSE, THAT IS PRESCRIBED BY ARTICLE 51 OF THE UNITED
NATIONS CHARTER; AND,
B) THE PROVISIONS OF THE UNITED NATIONS CHARTER, INCLUDING
THOSE WHICH RELATE TO THE MAINTENANCE OF INTERNATIONAL PEACE AND
SECURITY, AND ALSO THE PROVISIONS THAT ARE SET FORTH IN THE SIDES'
JOINT DOCUMENTS AND THAT CONCERN THE IMPORTANCE OF EFFORTS TO
PREVENT A NUCLEAR WAR AND TO ELIMINATE A THREAT TO PEACE.
ARTICLE 8
EACH SIDE IS OBLIGED TO IN NO WAY SKIRT THE PROVISIONS OF THIS
TREATY BOTH THROUGH ANY SERVICES WHATSOEVER OR THE PROMOTION OF ANY
OTHER STATE OR GROUPS OF STATES, INTERNATIONAL ORGANIZATIONS, AND
ALSO PHYSICAL AND JURIDICAL PERSONS, AND ALSO THROUGH THE
APPEARANCE IN THE FUTURE OF ANY OTHER MEANS OR SYSTEMS OF HOSTILE
IMPACT ON CIVILIAN AND NON-MILITARY SATELLITES AND OTHER
SPACECRAFT.
ARTICLE 9
ALL DISPUTES, WHICH CAN ARISE AS A RESULT OF THE COMMISSION OF
THE HOSTILE ACTS CITED IN THE TREATY BY ONE OF THE SIDES WITH
REGARD TO THE OTHER SIDE'S CIVILIAN AND NON-MILITARY SATELLITES AND
OTHER SPACECRAFT OR AS A RESULT OF THE NONFULFILLMENT OF THE
TREATY'S OTHER PROVISIONS, WILL BE RESOLVED EXCLUSIVELY BY PEACEFUL
MEANS AND THROUGH NEGOTIATIONS.
ARTICLE 10
EACH SIDE WHEN EXERCISING ITS STATE SOVEREIGNTY HAS THE RIGHT,
UPON THE EXPIRATION OF SIX MONTHS AFTER THE SUBMISSION OF A SPECIAL
NOTIFICATION OF THE OTHER SIDE THAT HAS BEEN MADE BEFOREHAND TO
WITHDRAW FROM THIS TREATY, IF IT WILL DECIDE THAT THE EXCLUSIVE
CIRCUMSTANCES ASSOCIATED WITH IT HAVE PLACED ITS HIGHEST NATIONAL
INTERESTS UNDER THREAT. THIS NOTIFICATION MUST CONTAIN A
SUBSTANTIATED STATEMENT ON THE EXCLUSIVE CIRCUMSTANCES THAT THE
INFORMING SIDE VIEWS AS HAVING PLACED ITS HIGHEST NATIONAL
INTERESTS UNDER THREAT.
ARTICLE 11
THIS TREATY IS OF AN UNLIMITED DURATION.
ARTICLE 12
1. THIS TREATY WILL BE SUBJECT TO RATIFICATION BY THE SIDES.
2. THIS TREATY ENTERS INTO FORCE AFTER THE EXCHANGE OF
RATIFICATION CERTIFICATES.
ARTICLE 13
THIS TREATY WILL BE SUBJECT TO REGISTRATION IN ACCORDANCE WITH
ARTICLE 102 OF THE UNITED NATIONS CHARTER.
* * *
IT SEEMS THAT THE CONCLUSION OF THE PROPOSED TREATY COULD
BECOME AN IMPORTANT PRACTICAL STEP ON THE PATH OF GUARANTEEING THE
NON-MILITARIZATION OF OUTER SPACE ON THE THRESHOLD OF THE THIRD
MILLENNIUM. THAT WOULD PROVIDE A GOOD START TO THE PROCESS OF
PREVENTING THE MILITARIZATION OF OUTER SPACE AND ITS USE IN
EXCLUSIVELY PEACEFUL GOALS, FOR THE BENEFIT OF ALL MANKIND.
DURING THE COURSE OF THE NEGOTIATIONS WITH THE UNITED STATES ON
ANTI-SATELLITE SYSTEMS, THE SOVIET DELEGATION ADVOCATED THE USE OF
THE TERM "HOSTILE ACT" AND ALSO THE TERM "AN ACT, THAT IS NOT
COMPATIBLE WITH PEACEFUL RELATIONS BETWEEN STATES", WHILE ASSIGNING
A GREATER PREFERENCE TO THE LATTER (BERN, JANUARY 23, 1979). THE
EXPRESSION "HOSTILE ACT" WAS USED FOR THE FIRST TIME AND INTRODUCED
INTO USE BY THE AMERICAN SIDE; DURING THE COURSE OF THE
NEGOTIATIONS WITH THE USSR ON ANTI-SATELLITE SYSTEMS, THE U.S.
DELEGATION EXPRESSED "SERIOUS DOUBTS" IN THE ADVISABILITY OF THE
FURTHER USE OF THAT CONCEPT. THE U.S. DELEGATION PROPOSED TO LIST
THE ACTIONS, WHICH SHOULD NOT BE COMMITTED WITH REGARD TO
SATELLITES, WITHOUT PROVIDING A GENERAL DEFINITION TO THEM (BERN,
JANUARY 24, 1979).
[DESCRIPTION OF SOURCE: MOSCOW NEZAVISIMAYA GAZETA (DIPKURYER NG
SUPPLEMENT) IN RUSSIAN -- SUPPLEMENT TO MOSCOW DAILY NEZAVISIMAYA
GAZETA FINANCED BY BORIS BEREZOVSKIY AND AIMED LARGELY AT AN
EDUCATED ELITE AUDIENCE]