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17 Sept 2020

Outer Space Treaty

Outer Space Treaty

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Outer Space Treaty
French: Traité de l'espace
Russian: Договор о космосе
Spanish: Tratado sobre el espacio ultraterrestre
Chinese: 外层空间条约
Long name:[show]

=
Parties
Signatories
Non-parties
Signed 27 January 1967
Effective 10 October 1967
Condition 5 ratifications, including the depositary Governments
Parties 110[1][2][3][4]
Depositary Governments of the United Kingdom of Great Britain and Northern Ireland, the Union of Soviet Socialist Republics and the United States of America
Languages English, French, Russian, Spanish and Chinese

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.[1] In addition, Taiwan, which is currently recognized by 14 UN member states, 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.[5]

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.[6][7] It is mostly a non-armament treaty and offers insufficient and ambiguous regulations to newer space activities such as lunar and asteroid mining.[8][9][10]

Contents
Key points[edit]

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 (Article IV). 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.[11] 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.[12] 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.[13] The state is also liable for damages caused by its space object.[14]

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.[8][10][15] 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.[16] 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.[17] Similar national legislation to legalize the appropriation of extraterrestrial resources are now being introduced by other countries, including Luxembourg, Japan, China, India, and Russia.[8][15][18][19] This has created some controversy regarding legal claims over the mining of celestial objects for profit.[15][16]
Responsibility for activities in space[edit]

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."[20][21]
Follow-ups[edit]
The Rescue Agreement of 1968.
The Moon Treaty of 1979 failed to be ratified by any major space-faring nation such as those capable of orbital spaceflight.[22]

The United Nations Committee on the Peaceful Uses of Outer Space (COPUOS) coordinates[23] these treaties and other questions of space jurisdiction.
List of parties[edit]

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.[1]

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. Also indicated is whether the state became a party by way of signing the treaty and subsequent ratification, by accession to the treaty after it had closed for signature, or by succession of states after separation from some other party to the treaty.
State[1][2][3][4]SignedDepositedMethod Afghanistan Jan 27, 1967 (W)
Jan 30, 1967 (M) Mar 17, 1988 (L, M)
Mar 21, 1988 (W) Ratification
Algeria Jan 27, 1992 (W) Accession
Antigua and Barbuda Nov 16, 1988 (W)
Dec 26, 1988 (M)
Jan 26, 1989 (L) Succession from United Kingdom
Argentina Jan 27, 1967 (W)
Apr 18, 1967 (M) Mar 26, 1969 (M, W) Ratification
Armenia Mar 28, 2018 (M) Accession
Australia Jan 27, 1967 (W) Oct 10, 1967 (L, M, W) Ratification
Austria Feb 20, 1967 (L, M, W) Feb 26, 1968 (L, M, W) Ratification
Azerbaijan Sep 9, 2015 (L) Accession
Bahamas Aug 11, 1976 (L)
Aug 13, 1976 (W)
Aug 30, 1976 (M) Succession from United Kingdom
Bahrain Aug 7, 2019 (M) Accession
Bangladesh Jan 14, 1986 (L)
Jan 17, 1986 (W)
Jan 24, 1986 (M) Accession
Barbados Sep 12, 1968 (W) Accession
Belarus Feb 10, 1967 (M) Oct 31, 1967 (M) Ratification
Belgium Jan 27, 1967 (L, M)
Feb 2, 1967 (W) Mar 30, 1973 (W)
Mar 31, 1973 (L, M) Ratification
Benin Jun 19, 1986 (M)
Jul 2, 1986 (L)
Jul 7, 1986 (W) Accession
Brazil Jan 30, 1967 (M)
Feb 2, 1967 (L, W) Mar 5, 1969 (L, M, W) Ratification
Bulgaria Jan 27, 1967 (L, M, W) Mar 28, 1967 (M)
Apr 11, 1967 (W)
Apr 19, 1967 (L) Ratification
Burkina Faso Mar 3, 1967 (W) Jun 18, 1968 (W) Ratification
Canada Jan 27, 1967 (L, M, W) Oct 10, 1967 (L, M, W) Ratification
Chile Jan 27, 1967 (W)
Feb 3, 1967 (L)
Feb 20, 1967 (M) Oct 8, 1981 (W) Ratification
China Dec 30, 1983 (W)
Jan 6, 1984 (M)
Jan 12, 1984 (L) Accession
Cuba Jun 3, 1977 (M) Accession
Cyprus Jan 27, 1967 (W)
Feb 15, 1967 (M)
Feb 16, 1967 (L) Jul 5, 1972 (L, W)
Sep 20, 1972 (M) Ratification
Czech Republic Jan 1, 1993 (M, W)
Sep 29, 1993 (L) Succession from Czechoslovakia
Denmark Jan 27, 1967 (L, M, W) Oct 10, 1967 (L, M, W) Ratification
Dominican Republic Jan 27, 1967 (W) Nov 21, 1968 (W) Ratification
Ecuador Jan 27, 1967 (W)
May 16, 1967 (L)
Jun 7, 1967 (M) Mar 7, 1969 (W) Ratification
Egypt Jan 27, 1967 (M, W) Oct 10, 1967 (W)
Jan 23, 1968 (M) Ratification
El Salvador Jan 27, 1967 (W) Jan 15, 1969 (W) Ratification
Equatorial Guinea Jan 16, 1989 (M) Accession
Estonia Apr 19, 2010 (M) Accession
Fiji Jul 18, 1972 (W)
Aug 14, 1972 (L)
Aug 29, 1972 (M) Succession from United Kingdom
Finland Jan 27, 1967 (L, M, W) Jul 12, 1967 (L, M, W) Ratification
France Sep 25, 1967 (L, M, W) Aug 5, 1970 (L, M, W) Ratification
Germany Jan 27, 1967 (L, M, W) Feb 10, 1971 (L, W) Ratification
Greece Jan 27, 1967 (W) Jan 19, 1971 (L) Ratification
Guinea-Bissau Aug 20, 1976 (M) Accession
Hungary Jan 27, 1967 (L, M, W) Jun 26, 1967 (L, M, W) Ratification
Iceland Jan 27, 1967 (L, M, W) Feb 5, 1968 (L, M, W) Ratification
India Mar 3, 1967 (L, M, W) Jan 18, 1982 (L, M, W) Ratification
Indonesia Jan 27, 1967 (W)
Jan 30, 1967 (M)
Feb 14, 1967 (L) Jun 25, 2002 (L) Ratification
Iraq Feb 27, 1967 (L, W)
Mar 9, 1967 (M) Dec 4, 1968 (M)
Sep 23, 1969 (L) Ratification
Ireland Jan 27, 1967 (L, W) Jul 17, 1968 (W)
Jul 19, 1968 (L) Ratification
Israel Jan 27, 1967 (L, M, W) Feb 18, 1977 (W)
Mar 1, 1977 (L)
Apr 4, 1977 (M) Ratification
Italy Jan 27, 1967 (L, M, W) May 4, 1972 (L, M, W) Ratification
Jamaica Jun 29, 1967 (L, M, W) Aug 6, 1970 (W)
Aug 10, 1970 (L)
Aug 21, 1970 (M) Ratification
Japan Jan 27, 1967 (L, M, W) Oct 10, 1967 (L, M, W) Ratification
Kazakhstan Jun 11, 1998 (M) Accession
Kenya Jan 19, 1984 (L) Accession
North Korea Mar 5, 2009 (M) Accession
South Korea Jan 27, 1967 (W) Oct 13, 1967 (W) Ratification
Kuwait Jun 7, 1972 (W)
Jun 20, 1972 (L)
Jul 4, 1972 (M) Accession
Laos Jan 27, 1967 (W)
Jan 30, 1967 (L)
Feb 2, 1967 (M) Nov 27, 1972 (M)
Nov 29, 1972 (W)
Jan 15, 1973 (L) Ratification
Lebanon Feb 23, 1967 (L, M, W) Mar 31, 1969 (L, M)
Jun 30, 1969 (W) Ratification
Libya Jul 3, 1968 (W) Accession
Lithuania Mar 25, 2013 (W) Accession
Luxembourg Jan 27, 1967 (M, W)
Jan 31, 1967 (L) Jan 17, 2006 (L, M, W) Ratification
Madagascar Aug 22, 1968 (W) Accession
Mali Jun 11, 1968 (M) Accession
Malta May 22, 2017 (L) Accession
Mauritius Apr 7, 1969 (W)
Apr 21, 1969 (L)
May 13, 1969 (M) Succession from United Kingdom
Mexico Jan 27, 1967 (L, M, W) Jan 31, 1968 (L, M, W) Ratification
Mongolia Jan 27, 1967 (M) Oct 10, 1967 (M) Ratification
Morocco Dec 21, 1967 (L, M)
Dec 22, 1967 (W) Accession
Myanmar May 22, 1967 (L, M, W) Mar 18, 1970 (L, M, W) Ratification
Nepal Feb 3, 1967 (M, W)
Feb 6, 1967 (L) Oct 10, 1967 (L)
Oct 16, 1967 (M)
Nov 22, 1967 (W) Ratification
Netherlands Feb 10, 1967 (L, M, W) Oct 10, 1969 (L, M, W) Ratification
New Zealand Jan 27, 1967 (L, M, W) May 31, 1968 (L, M, W) Ratification
Nicaragua Jan 27, 1967 (W)
Feb 13, 1967 (L) Jun 30, 2017 (W)
Aug 10, 2017 (M)
Aug 14, 2017 (L) Ratification
Niger Feb 1, 1967 (W) Apr 17, 1967 (L)
May 3, 1967 (W) Ratification
Nigeria Nov 14, 1967 (L) Accession
Norway Feb 3, 1967 (L, M, W) Jul 1, 1969 (L, M, W) Ratification
Pakistan Sep 12, 1967 (L, M, W) Apr 8, 1968 (L, M, W) Ratification
Papua New Guinea Oct 27, 1980 (L)
Nov 13, 1980 (M)
Mar 16, 1981 (W) Succession from Australia
Paraguay Dec 22, 2016 (L) Accession
Peru Jun 30, 1967 (W) Feb 28, 1979 (M)
Mar 1, 1979 (L)
Mar 21, 1979 (W) Ratification
Poland Jan 27, 1967 (L, M, W) Jan 30, 1968 (L, M, W) Ratification
Portugal May 29, 1996 (L) Accession
Qatar Mar 13, 2012 (W) Accession
Romania Jan 27, 1967 (L, M, W) Apr 9, 1968 (L, M, W) Ratification
Russia Jan 27, 1967 (L, M, W) Oct 10, 1967 (L, M, W) Ratification as the Soviet Union
Saint Vincent and the Grenadines May 13, 1999 (L) Succession from United Kingdom
San Marino Apr 21, 1967 (W)
Apr 24, 1967 (L)
Jun 6, 1967 (M) Oct 29, 1968 (W)
Nov 21, 1968 (M)
Feb 3, 1969 (L) Ratification
Saudi Arabia Dec 17, 1976 (W) Accession
Seychelles Jan 5, 1978 (L) Accession
Sierra Leone Jan 27, 1967 (L, M)
May 16, 1967 (W) Jul 13, 1967 (M)
Jul 14, 1967 (W)
Oct 25, 1967 (L) Ratification
Singapore Sep 10, 1976 (L, M, W) Accession
Slovakia Jan 1, 1993 (M, W)
May 17, 1993 (L) Succession from Czechoslovakia
Slovenia Feb 8, 2019 (L) Accession
South Africa Mar 1, 1967 (W) Sep 30, 1968 (W)
Oct 8, 1968 (L)
Nov 14, 1968 (M) Ratification
Spain Nov 27, 1968 (L)
Dec 7, 1968 (W) Accession
Sri Lanka Mar 10, 1967 (L) Nov 18, 1986 (L, M, W) Ratification
Sweden Jan 27, 1967 (L, M, W) Oct 11, 1967 (L, M, W) Ratification
Switzerland Jan 27, 1967 (L, W)
Jan 30, 1967 (M) Dec 18, 1969 (L, M, W) Ratification
Syria Nov 19, 1968 (M) Accession
Thailand Jan 27, 1967 (L, M, W) Sep 5, 1968 (L)
Sep 9, 1968 (M)
Sep 10, 1968 (W) Ratification
Togo Jan 27, 1967 (W) Jun 26, 1989 (W) Ratification
Tonga Jun 22, 1971 (M)
Jul 7, 1971 (L, W) Succession from United Kingdom
Tunisia Jan 27, 1967 (L, W)
Feb 15, 1967 (M) Mar 28, 1968 (L)
Apr 4, 1968 (M)
Apr 17, 1968 (W) Ratification
Turkey Jan 27, 1967 (L, M, W) Mar 27, 1968 (L, M, W) Ratification
Uganda Apr 24, 1968 (W) Accession
Ukraine Feb 10, 1967 (M) Oct 31, 1967 (M) Ratification
United Arab Emirates Oct 4, 2000 (W) Accession
United Kingdom Jan 27, 1967 (L, M, W) Oct 10, 1967 (L, M, W) Ratification
United States Jan 27, 1967 (L, M, W) Oct 10, 1967 (L, M, W) Ratification
Uruguay Jan 27, 1967 (W)
Jan 30, 1967 (M) Aug 31, 1970 (W) Ratification
Venezuela Jan 27, 1967 (W) Mar 3, 1970 (W) Ratification
Vietnam Jun 20, 1980 (M) Accession
Yemen Jun 1, 1979 (M) Accession
Zambia Aug 20, 1973 (W)
Aug 21, 1973 (M)
Aug 28, 1973 (L) Accession

Partially recognized state abiding by treaty[edit]

The Republic of China (Taiwan), which is currently recognized by 14 UN member states, 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 it still considers the ROC to be "bound by its obligations".[5]
StateSignedDepositedMethod
Republic of China 27 Jan 1967 24 Jul 1970 Ratification

States that have signed but not ratified[edit]

Twenty-three states have signed but not ratified the treaty.
StateSigned Bolivia Jan 27, 1967 (W)
Botswana Jan 27, 1967 (W)
Burundi Jan 27, 1967 (W)
Cameroon Jan 27, 1967 (W)
Central African Republic Jan 27, 1967 (W)
Colombia Jan 27, 1967 (W)
Apr 29, 1967 (M)
May 4, 1967 (L)
Ethiopia Jan 27, 1967 (L, W)
Feb 10, 1967 (M)
Gambia Jun 2, 1967 (L)
Ghana Jan 27, 1967 (W)
Feb 15, 1967 (M)
Mar 3, 1967 (L)
Guyana Feb 3, 1967 (W)
Haiti Jan 27, 1967 (W)
Holy See Apr 5, 1967 (L)
Honduras Jan 27, 1967 (W)
Iran Jan 27, 1967 (L)
Jordan Feb 2, 1967 (W)
Lesotho Jan 27, 1967 (W)
Malaysia Feb 20, 1967 (W)
Feb 21, 1967 (L)
May 3, 1967 (M)
Panama Jan 27, 1967 (W)
Philippines Jan 27, 1967 (L, W)
Apr 29, 1967 (M)
Rwanda Jan 27, 1967 (W)
Somalia Feb 2, 1967 (W)
Trinidad and Tobago Jul 24, 1967 (L)
Aug 17, 1967 (M)
Sep 28, 1967 (W)

See also[edit]

References[edit]

^ Shakouri Hassanabadi, Babak (30 July 2018). "Space Force and international space law". The Space Review. Retrieved 22 May2019.
^ Irish, Adam (13 September 2018). "The Legality of a U.S. Space Force". OpinioJuris. Retrieved 22 May 2019.
^ Jump up to:a b c If space is ‘the province of mankind’, who owns its resources? Senjuti Mallick and Rajeswari Pillai Rajagopalan. The Observer Research Foundation. 24 January 2019. Quote 1: "The Outer Space Treaty (OST) of 1967, considered the global foundation of the outer space legal regime, […] has been insufficient and ambiguous in providing clear regulations to newer space activities such as asteroid mining." *Quote2: "Although the OST does not explicitly mention "mining" activities, under Article II, outer space including the Moon and other celestial bodies are "not subject to national appropriation by claim of sovereignty" through use, occupation or any other means."
^ Jump up to:a b Who Owns Space? US Asteroid-Mining Act Is Dangerous And Potentially Illegal. IFL. Accessed on 9 November 2019. Quote 1: "The act represents a full-frontal attack on settled principles of space law which are based on two basic principles: the right of states to scientific exploration of outer space and its celestial bodies and the prevention of unilateral and unbriddled commercial exploitation of outer-space resources. These principles are found in agreements including the Outer Space Treaty of 1967 and the Moon Agreement of 1979." *Quote 2: "Understanding the legality of asteroid mining starts with the 1967 Outer Space Treaty. Some might argue the treaty bans all space property rights, citing Article II."
^ Frakes, Jennifer (2003). "The Common Heritage of Mankind Principle and the Deep Seabed, Outer Space, and Antarctica: Will Developed and Developing Nations Reach a Compromise?". Wisconsin International Law Journal (21 ed.): 409.
^ Jump up to:a b Koch, Jonathan Sydney (2008). "Institutional Framework for the Province of all Mankind: Lessons from the International Seabed Authority for the Governance of Commercial Space Mining". Astropolitics. 16 (1): 1–27. doi:10.1080/14777622.2017.1381824.
^ "U.S. Commercial Space Launch Competitiveness Act". Act No. H.R.2262 of 5 December 2015. 114th Congress (2015-2016) Sponsor: Rep. McCarthy, Kevin.
^ Ridderhof, R. (18 December 2015). "Space Mining and (U.S.) Space Law". Peace Palace Library. Retrieved 26 February 2019.
^ 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
^ Beyond UNISPACE: It's time for the Moon Treaty. Dennis C. O'Brien. Pace Review. 21 January 2019.

Further reading[edit]
Annette Froehlich, et al.: A Fresh View on the Outer Space Treaty. Springer, Vienna 2018, ISBN 978-3-319-70433-3.
External links[edit]
Status of International Agreements relating to Activities in Outer Space (list of state parties to treaty), UN Office for Outer Space Affairs
Squadron Leader KK Nair's Space: The Frontiers of Modern Defence. Knowledge World Publishers, New Delhi, Chap. 5 "Examining Space Law...", pp. 84–104, available at Google Books.
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
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