Treaty interpretation is an elemental aspect of international law. Due to the globalized nature of the international community, treaties tend to be authenticated in more than one language. The Outer Space Treaty, dated from 1967, was the first international treaty addressing the conduct of states in outer space. This treaty was authenticated in five languages: English, French, Chinese, Spanish, and Russian. These five languages are supposed to have the same legal value for the purposes of treaty interpretation, a derivation of the sovereign equality of states. Subsequently, the United Nations included Arabic as an official language and requested the translation of several instruments, among them the Outer Space Treaty. Hence, the Arabic version, while being an official translation, is not an authentic version of the treaty. Nonetheless, it impacts the understanding and development of space activities.
Multilingualism inevitably introduces discrepancies when comparing the same instrument in different languages. Discrepancies across treaty languages can have a significant impact at the national level, leading to varying standards or obligations among states. Each space actor, governmental or non-governmental, implements the provisions of the Outer Space Treaty in their native language or the language closest to their own. Therefore, the interpretation of what constitutes a breach of obligation varies across states.
Despite the globalized nature of the current world, the international community tends to prioritize English. In the space sector particularly, there is an over-reliance on the English language. In this sense, most of the literature, conferences, and scholars in space law use exclusively the English version of the Treaty. Hence, there is a transplantation of English into the national laws of other states.
A holistic analysis of the Outer Space Treaty in all its authentic and official languages is crucial to inform the actions of the space actors and harmonize treaty interpretation. This project employs a comparative analysis of the Outer Space Treaty’s authentic and official versions to identify semantic and interpretative differences. This project will identify and analyze these discrepancies to clarify the Outer Space Treaty’s application across all authentic and official languages, seeking to provide a reconciling interpretation respecting the treaty’s original intent and highlight issues where a translation appears to deviate.
The project is the first to comprehensively address the problem of multilingual discrepancies across the Outer Space Treaty authentic and official versions. While some discrepancies have been identified on a piecemeal basis, they have not been properly addressed or thoroughly analyzed. The project's originality lies in its capacity to significantly contribute to knowledge by bridging theoretical gaps and offering a comprehensive framework for multilingual treaty interpretation in space law and public international law more generally. This project will foster multilingualism and inclusivity by addressing the perspectives of non-English-speaking space actors enhancing equitable engagement in international space activities. Its findings will advance the interpretation of international law and attempt to address inequities that have arisen in interpretation due to the reliance on English.