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7 J. Space L. 3 (1979)
Consensus Decisionmaking by the United Nations Committee on the Peaceful Uses of Outer Space

handle is hein.journals/jrlsl7 and id is 7 raw text is: CONSENSUS DECISIONMAKING BY THE UNITED NATIONS COMMITTEE ON THE PEACEFUL USES OF OUTER SPACE Eilene Galloway I. Introduction The use of consensus as a method for decisionmaking by the United Nations Committee on the Peaceful Uses of Outer Space has proved remarkably successful in bringing about legal agreements for international space cooperation. The high degree of achievement, demonstrated in the drafting of four space treaties which have been ratified by many nations, raises the question-especially in the minds of those who seek international cooperation in other areas-of the reasons why decisions by concensus have been attainable. II. What is Consensus? Consensus is one method whereby a group reaches a decision. It is not the only way of coming to agreement on an issue or a course of action and, indeed, is somewhat unique as compared to various types of voting. Decisions by voting may require qualified voters to pass measures by a majority, two-thirds, three-fourths, or unanimous vote and each method may be appropriate for the situation in which it is used. The degree of required positive action depends upon advance determination by a group of those situations which range from minimum to maximum requirements for broad-based support. At one end of the scale is majority voting to decide matters which the whole group is willing to accept by that procedure; at the other end of the scale is unanimous voting which may be required in situations identified as so important that the possible non-compliance of one member can jeopardize the attainment of a goal considered essential for the whole membership. Unanimous voting can also take the form of acclamation when such favorable attitudes have been formed prior to voting that they evoke sudden decisions. The next question concerns the difference between consensus and unanimous voting. There is no difference in the result which produces a legal document, agreement on undertaking a program, appropriating funds, etc. The difference between consensus and unanimous voting lies in the process used to achieve the end result; consensus is achieved without voting whereas voting is required for a unanimous record. The process of consensus can set in motion certain positive attitudes which carry over beyond the agreement and tend to facilitate implementation of formal agreements. This is because consensus is achieved by patient negotiation in reconciling different viewpoints until reaching a point where no member objects to the result. Although the consensus process has been successfully followed by the United Nations Committee on the Peaceful Uses Vice-President, International Institute of Space Law; President of the Theodore von Krrn MMori21 Foundation.

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