Difference between revisions of "Outer Space Treaty"

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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 January 2017, 105 countries are parties to the treaty, while another 24 have signed the treaty but have not completed ratification.<ref name=unoda>Template:Cite web</ref> In addition, the Republic of China (Taiwan), which is currently only recognized by Template:Numrec, ratified the treaty prior to the United Nations General Assembly's vote to transfer China's seat to the People's Republic of China (PRC) in 1971.<ref name=unodacn/>

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 orbit of Earth, installing them on the Moon or any other celestial body, or otherwise stationing 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 (Article IV). However, the Treaty does not prohibit the placement of conventional weapons in orbit and thus some highly destructive attack strategies 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 resource such as the Moon or a planet.<ref>Jennifer Frakes, (2003) The Common Heritage of Mankind Principle and the Deep Seabed, Outer Space, and Antarctica: Will Developed and Developing Nations Reach a Compromise? Wiscoscin International Law Journal, 21, at 409</ref> 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.<ref>Wikisource:Outer Space Treaty of 1967#Article VIII</ref> The State is also liable for damages caused by their space object.<ref>Wikisource:Outer Space Treaty of 1967#Article VII</ref>

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."<ref>Terrill Jr., Delbert R. (May 1999), Project West Ford, "The Air Force Role in Developing International Outer Space Law" (PDF), Air Force History and Museums:63–67</ref><ref>Wikisource:Outer Space Treaty of 1967#Article IX</ref>

Follow-ups

• The Rescue Agreement of 1968.
• The Space Liability Convention of 1972.
• The Registration Convention of 1976.
• The Moon Treaty of 1979 was meant to be the follow-up to the Outer Space Treaty, but failed to be ratified by any major space-faring nation such as those capable of orbital spaceflight.<ref name='UNOOSA'>Status of international agreements relating to activities in outer space as at 1 January 2008 United Nations Office for Outer Space Affairs, 2008</ref>

The United Nations Committee on the Peaceful Uses of Outer Space (COPUOS) oversees these treaties and other questions of space jurisdiction.

Status

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 January 2017, 105 countries are parties to the treaty, while another 24 have signed the treaty but have not completed ratification.<ref name=unoda/>

Multiple dates indicate the different days in which states submitted their signature or deposition, which varied by location. This location is noted by: (L) for London, (M) for Moscow, and (W) for Washington, DC.

Partially recognized state abiding by treaty

The Republic of China (Taiwan), which is currently only recognized by Template:Numrec, ratified the treaty prior to the United Nations General Assembly's vote to transfer China's seat to the People's Republic of China (PRC) in 1971. When the PRC subsequently ratified the treaty, they described the Republic of China's (ROC) 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 they still consider them to be "bound by its obligations".<ref name=unodacn>Template:Cite web</ref>

States that have signed but not ratified

See also

• High-altitude nuclear explosion (HANE)
• Lunar Flag Assembly
• Militarization of space
• Apollo 1 – the first NASA astronaut spacecraft fatality (occurred on January 27, 1967, the day the Outer Space Treaty was signed)

References

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External links

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• International Institute of Space Law
• Full text of the "Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies" in Arabic, Chinese, English, French, Russian, or Spanish
• Status of International Agreements relating to Activities in Outer Space (list of state parties to treaty), UN Office for Outer Space Affairs
• The Case for Withdrawing From The 1967 Outer Space Treaty
• Still Relevant (and Important) After All These Years: The case for supporting the Outer Space Treaty
• Squadron Leader KK Nair's "Space:The Frontiers of Modern Defence" Knowledge World Publishers, New Delhi, Chap-5 (Examining Space Law...), Pg 84–104, available at [1]
• Introductory note by Vladimír Kopal, procedural history note and audiovisual material on the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies in the Historic Archives of the United Nations Audiovisual Library of International Law
• Lecture by Vladimír Kopal entitled The Progressive Development of International Space Law by the United Nations in the Lecture Series of the United Nations Audiovisual Library of International Law
• Lecture by Vladlen Stepanovich Vereshchetin entitled The Law of Outer Space in the General Legal Field (Commonalities and Particularities) in the Lecture Series of the United Nations Audiovisual Library of International Law

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