Outer Space Treaty
The Outer Space Treaty, formally the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, is a treaty that forms the basis of international space law. The treaty was opened for signature in the United States, the United Kingdom, and the Soviet Union on 27 January 1967, and entered into force on 10 October 1967. As of June 2020, 110 countries are parties to the treaty, while another 23 have signed the treaty but have not completed ratification. In addition, Taiwan, which is currently recognized by, ratified the treaty prior to the United Nations General Assembly's vote to transfer China's seat to the People's Republic of China in 1971.
Among the Outer Space Treaty's main points are that it prohibits the placing of nuclear weapons in space, it limits the use of the Moon and all other celestial bodies to peaceful purposes only, and establishes that space shall be free for exploration and use by all nations, but that no nation may claim sovereignty of outer space or any celestial body. The Outer Space Treaty does not ban military activities within space, military space forces, or the weaponization of space, with the exception of the placement of weapons of mass destruction in space. It is mostly a non-armament treaty and offers insufficient and ambiguous regulations to newer space activities such as lunar and asteroid mining.
Key points
The Outer Space Treaty represents the basic legal framework of international space law. Among its principles, it bars states party to the treaty from placing weapons of mass destruction in Earth orbit, installing them on the Moon or any other celestial body, or otherwise stationing them in outer space. It specifically limits the use of the Moon and other celestial bodies to peaceful purposes, and expressly prohibits their use for testing weapons of any kind, conducting military maneuvers, or establishing military bases, installations, and fortifications. However, the treaty does not prohibit the placement of conventional weapons in orbit, and thus some highly destructive attack tactics, such as kinetic bombardment, are still potentially allowable. The treaty also states that the exploration of outer space shall be done to benefit all countries and that space shall be free for exploration and use by all the states.The treaty explicitly forbids any government from claiming a celestial object such as the Moon or a planet. Article II of the treaty states that "...outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means." However, the state that launches a space object retains jurisdiction and control over that object. The state is also liable for damages caused by its space object.
Being primarily an arms-control treaty for the peaceful use of outer space, it offers insufficient and ambiguous regulations to newer space activities such as lunar and asteroid mining. It therefore remains under contention whether the extraction of resources falls within the prohibitive language of appropriation or whether the use encompasses the commercial use and exploitation. Seeking clearer guidelines, private U.S. companies lobbied the U.S. government, and space mining was legalized in 2015 by introducing the US Commercial Space Launch Competitiveness Act of 2015. Similar national legislation to legalize the appropriation of extraterrestrial resources are now being introduced by other countries, including Luxembourg, Japan, China, India, and Russia. This has created some controversy regarding legal claims over the mining of celestial objects for profit.
Responsibility for activities in space
Article VI of the Outer Space Treaty deals with international responsibility, stating that "the activities of non-governmental entities in outer space, including the Moon and other celestial bodies, shall require authorization and continuing supervision by the appropriate State Party to the Treaty" and that States Parties shall bear international responsibility for national space activities whether carried out by governmental or non-governmental entities.As a result of discussions arising from Project West Ford in 1963, a consultation clause was included in Article IX of the Outer Space Treaty: "A State Party to the Treaty which has reason to believe that an activity or experiment planned by another State Party in outer space, including the Moon and other celestial bodies, would cause potentially harmful interference with activities in the peaceful exploration and use of outer space, including the Moon and other celestial bodies, may request consultation concerning the activity or experiment."
Follow-ups
- The Rescue Agreement of 1968.
- The Space Liability Convention of 1972.
- The Registration Convention of 1976.
- The Moon Treaty of 1979 failed to be ratified by any major space-faring nation such as those capable of orbital spaceflight.
List of parties
The Outer Space Treaty was opened for signature in the United States, the United Kingdom, and the Soviet Union on 27 January 1967, and entered into force on 10 October 1967. As of June 2020, 110 countries are parties to the treaty, while another 23 have signed the treaty but have not completed ratification.Multiple dates indicate the different days in which states submitted their signature or deposition, which varied by location. This location is noted by: for London, for Moscow, and for Washington, DC. Also indicated is whether the state became a party by way of signing the treaty and subsequent ratification, by to the treaty after it had closed for signature, or by succession of states after separation from some other party to the treaty.
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Partially recognized state abiding by treaty
The Republic of China, which is currently recognized by, ratified the treaty prior to the United Nations General Assembly's vote to transfer China's seat to the People's Republic of China in 1971. When the PRC subsequently ratified the treaty, they described the Republic of China's ratification as "illegal". The ROC has committed itself to continue to adhere to the requirements of the treaty, and the United States has declared that it still considers the ROC to be "bound by its obligations".| State | Signed | Deposited | Method |
| Republic of China | 27 Jan 1967 | 24 Jul 1970 | Ratification |
States that have signed but not ratified
Twenty-three states have signed but not ratified the treaty.| State | Signed |
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