Foreign Relations of the United States, 1961–1963, Volume XXV, Organization of Foreign Policy; Information Policy; United Nations; Scientific Matters

431. Telegram From the Department of State to the Embassy in Japan¹

Washington, November 13, 1963, 7:48 p.m.

1244. UN General Assembly Resolution on Outer Space Legal Principles.

After long negotiations, US has reached working agreement with USSR in New York on text declaration outer space legal principles in form GA resolution. Negotiations were undertaken at request UN Committee on Peaceful Uses of Outer Space. We and Sovs have now initiated consultation with other 26 members Space Committee to gain their cosponsorship of res before item discussed in Committee One, probably about Nov. 18. (We have indicated Sovs that we should consider suggestions by other members, although acceptance by Sovs also necessary.) We attach considerable importance to Japanese support and cosponsorship.

Minister Nakagawa explained to Dept today that Japanese cosponsorship is dependent on acceptance three amendments: (1) Preambular reference in declaration to resolution 1884 (XVIII)² calling upon all states to refrain from orbiting nuclear and other weapons mass destruction in space; (2) Language in operative para limiting outer space to “peaceful purposes”; and (3) Provision requiring prior registration and notification by launching state as condition for returning space vehicle or parts should such land accidentally in another state.

You should present our position to FonOff at appropriately high level soonest along following lines taken by Dept today: (As Embassy will recall some of these arguments were discussed last year with FonMin in Tokyo.)

(1) US prepared accept preambular reference to res 1884. We are not sure Sov reaction, although they have taken negative attitude toward any amendments.

(2) Meaning “peaceful purposes” is not clear, and inclusion in legal principles would be confusing. We interpret “peaceful purposes” as meaning non-aggressive, rather than non-military uses as apparently do Japanese.

We believe res 1884 and nuclear test ban have accomplished principal objectives of proponents for “peaceful purposes only” provision. If other military uses of outer space are intended to be excluded, such as observation from space for military intelligence, this would impinge on programs necessary to defense US and entire free world, of which Japan is important member.

We are sure that if phrase means non-military, it would be unacceptable to Sovs as well as US. Both US and USSR have military space programs. Moreover, satellites like many objects common to all countries serve both military and non-military purposes, and carrying distinction into effect would be impracticable. For example, without adequate inspection it is impossible determine if satellite is photographing clouds or military installations. Satellites which help navigate commercial vessels may also steer warships and submarines.

(3) Providing advance notification and data, as suggested by Japanese, would facilitate Sov counter measures against US observation satellite program. While we have provided for advance notification of satellite launching in our general and complete disarmament proposals, this is coupled with pre-launch inspection of satellites. Until Sovs willing accept this and world moves into period of greater security and trust under GCD, we cannot accept obligation provide advance notification and registration.

Moreover there is every indication Sovs would not comply. While US, for example, has registered every object launched into space or beyond with UN, Sovs have not fully complied with this obligation. They have not registered launching of six satellites of Cosmos series.

(4) Text of declaration represents best we could obtain from Sovs after months hard negotiations. We believe it important step toward legal order in space and would greatly appreciate Japanese support and cosponsorship. Reservations Japanese might have could be brought up during framing future international agreements. Opportunity would be presented next spring during framing agreements on liability and return of astronauts and space vehicles. Japanese might also make comments, to reserve their position on certain points, during their speech on outer space item. Declaration of legal principles is not last word on subject and, as more experience is gained, there will be continual opportunities refine and improve these first general principles.

FYI. Nakagawa requested he not be mentioned as suggesting consultations with Japanese FonOff, although he indicated private agreement with US position and in fact suggested we raise matter at high level with Foreign Office. He suggested Japanese sensitivity on peaceful purposes question was related to attacks on government by Socialists. Position was moreover traditional one for Japanese. End FYI.

Rusk

1. Source: National Archives and Records Administration, RG 59, Central Files 1960–63, SP 6 UN. Confidential; Priority. Drafted by Craig R. Eisendrath (IO/UNP); cleared by William B. Buffum, Raymond L. Garthoff, Louise McNutt, and Meeker; and approved by Richard N. Gardner. Repeated to USUN.
2. This resolution was adopted by the General Assembly by acclamation on October 17. For text, see American Foreign Policy: Current Documents, 1963, pp. 1082–1083.