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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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