Outer Space Treaty
Introduction
The Outer Space Treaty, formally known as 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. It 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 January 2021, 111 countries are parties to the treaty, while another 23 have signed the treaty but have not completed ratification.
Background
The Outer Space Treaty was considered by the Legal Subcommittee in 1966 and agreement was reached in the same year. The United Nations General Assembly in resolution 2222 (XXI) of 19 December 1966 commended the Treaty and called upon States to become parties to it. The Treaty was largely based on the Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space, which had been adopted by the General Assembly in its resolution 1962 (XVIII) in 1963, but added a few new provisions.
Main Provisions
The Outer Space Treaty provides the basic framework on international space law, including the following principles:
- The exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind;
- Outer space shall be free for exploration and use by all States;
- Outer space is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means;
- States shall not place nuclear weapons or other weapons of mass destruction in orbit or on celestial bodies or station them in outer space in any other manner;
- The Moon and other celestial bodies shall be used exclusively for peaceful purposes;
- Astronauts shall be regarded as the envoys of mankind;
- States shall be responsible for national space activities whether carried out by governmental or non-governmental entities;
- States shall be liable for damage caused by their space objects; and
- States shall avoid harmful contamination of space and celestial bodies.
Implications and Interpretations
The Outer Space Treaty represents the basic legal framework of international space law. Among its principles, it bars States Parties to the Treaty from placing weapons of mass destruction in orbit of Earth, installing them on the Moon or any other celestial body, or to otherwise station them in outer space. It exclusively 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. 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 States.
The Treaty explicitly forbids any government from claiming a celestial resource such as the Moon or a planet, since they are the common heritage of mankind. It is however silent on the question of whether this prohibition extends to private corporations or individuals. This has become a topic of debate with the increase in commercial interest in space mining.
Criticism and Controversies
The Outer Space Treaty has been criticized for its lack of clarity on certain issues. For instance, while it prohibits the claiming of celestial bodies by nations, it does not explicitly address the issue of private property rights in space. This has led to legal uncertainty over activities such as asteroid mining.
Another criticism is that the treaty is not equipped to handle the increasing commercialization of space activities. The treaty was drafted at a time when space activities were solely the domain of governments, and does not adequately address issues related to commercial space activities.