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.[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]
Long name:
| |
---|---|
Parties Signatories Non-parties | |
Signed | 27 January 1967 |
Location | London, Moscow and Washington, D.C. |
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 |
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]
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 (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
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
- 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.[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
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] | Signed | Deposited | Method |
---|---|---|---|
Jan 27, 1967 (W) Jan 30, 1967 (M) |
Mar 17, 1988 (L, M) Mar 21, 1988 (W) |
Ratification | |
Jan 27, 1992 (W) | Accession | ||
Nov 16, 1988 (W) Dec 26, 1988 (M) Jan 26, 1989 (L) |
Succession from | ||
Jan 27, 1967 (W) Apr 18, 1967 (M) |
Mar 26, 1969 (M, W) | Ratification | |
Mar 28, 2018 (M) | Accession | ||
Jan 27, 1967 (W) | Oct 10, 1967 (L, M, W) | Ratification | |
Feb 20, 1967 (L, M, W) | Feb 26, 1968 (L, M, W) | Ratification | |
Sep 9, 2015 (L) | Accession | ||
Aug 11, 1976 (L) Aug 13, 1976 (W) Aug 30, 1976 (M) |
Succession from | ||
Aug 7, 2019 (M) | Accession | ||
Jan 14, 1986 (L) Jan 17, 1986 (W) Jan 24, 1986 (M) |
Accession | ||
Sep 12, 1968 (W) | Accession | ||
Feb 10, 1967 (M) | Oct 31, 1967 (M) | Ratification | |
Jan 27, 1967 (L, M) Feb 2, 1967 (W) |
Mar 30, 1973 (W) Mar 31, 1973 (L, M) |
Ratification | |
Jun 19, 1986 (M) Jul 2, 1986 (L) Jul 7, 1986 (W) |
Accession | ||
Jan 30, 1967 (M) Feb 2, 1967 (L, W) |
Mar 5, 1969 (L, M, W) | Ratification | |
Jan 27, 1967 (L, M, W) | Mar 28, 1967 (M) Apr 11, 1967 (W) Apr 19, 1967 (L) |
Ratification | |
Mar 3, 1967 (W) | Jun 18, 1968 (W) | Ratification | |
Jan 27, 1967 (L, M, W) | Oct 10, 1967 (L, M, W) | Ratification | |
Jan 27, 1967 (W) Feb 3, 1967 (L) Feb 20, 1967 (M) |
Oct 8, 1981 (W) | Ratification | |
Dec 30, 1983 (W) Jan 6, 1984 (M) Jan 12, 1984 (L) |
Accession | ||
Jun 3, 1977 (M) | Accession | ||
Jan 27, 1967 (W) Feb 15, 1967 (M) Feb 16, 1967 (L) |
Jul 5, 1972 (L, W) Sep 20, 1972 (M) |
Ratification | |
Jan 1, 1993 (M, W) Sep 29, 1993 (L) |
Succession from | ||
Jan 27, 1967 (L, M, W) | Oct 10, 1967 (L, M, W) | Ratification | |
Jan 27, 1967 (W) | Nov 21, 1968 (W) | Ratification | |
Jan 27, 1967 (W) May 16, 1967 (L) Jun 7, 1967 (M) |
Mar 7, 1969 (W) | Ratification | |
Jan 27, 1967 (M, W) | Oct 10, 1967 (W) Jan 23, 1968 (M) |
Ratification | |
Jan 27, 1967 (W) | Jan 15, 1969 (W) | Ratification | |
Jan 16, 1989 (M) | Accession | ||
Apr 19, 2010 (M) | Accession | ||
Jul 18, 1972 (W) Aug 14, 1972 (L) Aug 29, 1972 (M) |
Succession from | ||
Jan 27, 1967 (L, M, W) | Jul 12, 1967 (L, M, W) | Ratification | |
Sep 25, 1967 (L, M, W) | Aug 5, 1970 (L, M, W) | Ratification | |
Jan 27, 1967 (L, M, W) | Feb 10, 1971 (L, W) | Ratification | |
Jan 27, 1967 (W) | Jan 19, 1971 (L) | Ratification | |
Aug 20, 1976 (M) | Accession | ||
Jan 27, 1967 (L, M, W) | Jun 26, 1967 (L, M, W) | Ratification | |
Jan 27, 1967 (L, M, W) | Feb 5, 1968 (L, M, W) | Ratification | |
Mar 3, 1967 (L, M, W) | Jan 18, 1982 (L, M, W) | Ratification | |
Jan 27, 1967 (W) Jan 30, 1967 (M) Feb 14, 1967 (L) |
Jun 25, 2002 (L) | Ratification | |
Feb 27, 1967 (L, W) Mar 9, 1967 (M) |
Dec 4, 1968 (M) Sep 23, 1969 (L) |
Ratification | |
Jan 27, 1967 (L, W) | Jul 17, 1968 (W) Jul 19, 1968 (L) |
Ratification | |
Jan 27, 1967 (L, M, W) | Feb 18, 1977 (W) Mar 1, 1977 (L) Apr 4, 1977 (M) |
Ratification | |
Jan 27, 1967 (L, M, W) | May 4, 1972 (L, M, W) | Ratification | |
Jun 29, 1967 (L, M, W) | Aug 6, 1970 (W) Aug 10, 1970 (L) Aug 21, 1970 (M) |
Ratification | |
Jan 27, 1967 (L, M, W) | Oct 10, 1967 (L, M, W) | Ratification | |
Jun 11, 1998 (M) | Accession | ||
Jan 19, 1984 (L) | Accession | ||
Mar 5, 2009 (M) | Accession | ||
Jan 27, 1967 (W) | Oct 13, 1967 (W) | Ratification | |
Jun 7, 1972 (W) Jun 20, 1972 (L) Jul 4, 1972 (M) |
Accession | ||
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 | |
Feb 23, 1967 (L, M, W) | Mar 31, 1969 (L, M) Jun 30, 1969 (W) |
Ratification | |
Jul 3, 1968 (W) | Accession | ||
Mar 25, 2013 (W) | Accession | ||
Jan 27, 1967 (M, W) Jan 31, 1967 (L) |
Jan 17, 2006 (L, M, W) | Ratification | |
Aug 22, 1968 (W) | Accession | ||
Jun 11, 1968 (M) | Accession | ||
May 22, 2017 (L) | Accession | ||
Apr 7, 1969 (W) Apr 21, 1969 (L) May 13, 1969 (M) |
Succession from | ||
Jan 27, 1967 (L, M, W) | Jan 31, 1968 (L, M, W) | Ratification | |
Jan 27, 1967 (M) | Oct 10, 1967 (M) | Ratification | |
Dec 21, 1967 (L, M) Dec 22, 1967 (W) |
Accession | ||
May 22, 1967 (L, M, W) | Mar 18, 1970 (L, M, W) | Ratification | |
Feb 3, 1967 (M, W) Feb 6, 1967 (L) |
Oct 10, 1967 (L) Oct 16, 1967 (M) Nov 22, 1967 (W) |
Ratification | |
Feb 10, 1967 (L, M, W) | Oct 10, 1969 (L, M, W) | Ratification | |
Jan 27, 1967 (L, M, W) | May 31, 1968 (L, M, W) | Ratification | |
Jan 27, 1967 (W) Feb 13, 1967 (L) |
Jun 30, 2017 (W) Aug 10, 2017 (M) Aug 14, 2017 (L) |
Ratification | |
Feb 1, 1967 (W) | Apr 17, 1967 (L) May 3, 1967 (W) |
Ratification | |
Nov 14, 1967 (L) | Accession | ||
Feb 3, 1967 (L, M, W) | Jul 1, 1969 (L, M, W) | Ratification | |
Sep 12, 1967 (L, M, W) | Apr 8, 1968 (L, M, W) | Ratification | |
Oct 27, 1980 (L) Nov 13, 1980 (M) Mar 16, 1981 (W) |
Succession from | ||
Dec 22, 2016 (L) | Accession | ||
Jun 30, 1967 (W) | Feb 28, 1979 (M) Mar 1, 1979 (L) Mar 21, 1979 (W) |
Ratification | |
Jan 27, 1967 (L, M, W) | Jan 30, 1968 (L, M, W) | Ratification | |
May 29, 1996 (L) | Accession | ||
Mar 13, 2012 (W) | Accession | ||
Jan 27, 1967 (L, M, W) | Apr 9, 1968 (L, M, W) | Ratification | |
Jan 27, 1967 (L, M, W) | Oct 10, 1967 (L, M, W) | Ratification as the | |
May 13, 1999 (L) | Succession from | ||
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 | |
Dec 17, 1976 (W) | Accession | ||
Jan 5, 1978 (L) | Accession | ||
Jan 27, 1967 (L, M) May 16, 1967 (W) |
Jul 13, 1967 (M) Jul 14, 1967 (W) Oct 25, 1967 (L) |
Ratification | |
Sep 10, 1976 (L, M, W) | Accession | ||
Jan 1, 1993 (M, W) May 17, 1993 (L) |
Succession from | ||
Feb 8, 2019 (L) | Accession | ||
Mar 1, 1967 (W) | Sep 30, 1968 (W) Oct 8, 1968 (L) Nov 14, 1968 (M) |
Ratification | |
Nov 27, 1968 (L) Dec 7, 1968 (W) |
Accession | ||
Mar 10, 1967 (L) | Nov 18, 1986 (L, M, W) | Ratification | |
Jan 27, 1967 (L, M, W) | Oct 11, 1967 (L, M, W) | Ratification | |
Jan 27, 1967 (L, W) Jan 30, 1967 (M) |
Dec 18, 1969 (L, M, W) | Ratification | |
Nov 19, 1968 (M) | Accession | ||
Jan 27, 1967 (L, M, W) | Sep 5, 1968 (L) Sep 9, 1968 (M) Sep 10, 1968 (W) |
Ratification | |
Jan 27, 1967 (W) | Jun 26, 1989 (W) | Ratification | |
Jun 22, 1971 (M) Jul 7, 1971 (L, W) |
Succession from | ||
Jan 27, 1967 (L, W) Feb 15, 1967 (M) |
Mar 28, 1968 (L) Apr 4, 1968 (M) Apr 17, 1968 (W) |
Ratification | |
Jan 27, 1967 (L, M, W) | Mar 27, 1968 (L, M, W) | Ratification | |
Apr 24, 1968 (W) | Accession | ||
Feb 10, 1967 (M) | Oct 31, 1967 (M) | Ratification | |
Oct 4, 2000 (W) | Accession | ||
Jan 27, 1967 (L, M, W) | Oct 10, 1967 (L, M, W) | Ratification | |
Jan 27, 1967 (L, M, W) | Oct 10, 1967 (L, M, W) | Ratification | |
Jan 27, 1967 (W) Jan 30, 1967 (M) |
Aug 31, 1970 (W) | Ratification | |
Jan 27, 1967 (W) | Mar 3, 1970 (W) | Ratification | |
Jun 20, 1980 (M) | Accession | ||
Jun 1, 1979 (M) | Accession | ||
Aug 20, 1973 (W) Aug 21, 1973 (M) Aug 28, 1973 (L) |
Accession |
Partially recognized state abiding by treaty
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]
State | Signed | Deposited | Method |
---|---|---|---|
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 |
---|---|
Jan 27, 1967 (W) | |
Jan 27, 1967 (W) | |
Jan 27, 1967 (W) | |
Jan 27, 1967 (W) | |
Jan 27, 1967 (W) | |
Jan 27, 1967 (W) | |
Jan 27, 1967 (W) Apr 29, 1967 (M) May 4, 1967 (L) | |
Jan 27, 1967 (L, W) Feb 10, 1967 (M) | |
Jun 2, 1967 (L) | |
Jan 27, 1967 (W) Feb 15, 1967 (M) Mar 3, 1967 (L) | |
Feb 3, 1967 (W) | |
Jan 27, 1967 (W) | |
Apr 5, 1967 (L) | |
Jan 27, 1967 (W) | |
Jan 27, 1967 (L) | |
Feb 2, 1967 (W) | |
Jan 27, 1967 (W) | |
Feb 20, 1967 (W) Feb 21, 1967 (L) May 3, 1967 (M) | |
Jan 27, 1967 (W) | |
Jan 27, 1967 (L, W) Apr 29, 1967 (M) | |
Jan 27, 1967 (W) | |
Feb 2, 1967 (W) | |
Jul 24, 1967 (L) Aug 17, 1967 (M) Sep 28, 1967 (W) |
See also
References
- "Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies". United Nations Office for Disarmament Affairs. Retrieved 16 September 2017.
- "TREATY ON PRINCIPLES GOVERNING THE ACTIVITIES OF STATES IN THE EXPLORATION AND USE OF OUTER SPACE, INCLUDING THE MOON AND OTHER CELESTIAL BODIES". Foreign and Commonwealth Office. Archived from the original (PDF) on 4 January 2013. Retrieved 28 February 2015.
"Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and other Celestial Bodies [London version]". Foreign and Commonwealth Office. Retrieved 27 April 2019. - "Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and other Celestial Bodies". United States Department of State. 30 June 2017. Retrieved 1 July 2019.
- "Договор о принципах деятельности государств по исследованию и использованию космического пространства, включая Луну и другие небесные тела" (in Russian). Ministry of Foreign Affairs of Russia. 16 January 2013. Retrieved 28 August 2015.
- "China: Accession to Outer Space Treaty". United Nations Office for Disarmament Affairs. Retrieved 1 March 2015.
- Shakouri Hassanabadi, Babak (30 July 2018). "Space Force and international space law". The Space Review. Retrieved 22 May 2019.
- Irish, Adam (13 September 2018). "The Legality of a U.S. Space Force". OpinioJuris. Retrieved 22 May 2019.
- 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."
- Space Law: Is asteroid mining legal?. Wired. 1 May 2012.
- 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."
- Bourbonniere, M.; Lee, R. J. (2007). "Legality of the Deployment of Conventional Weapons in Earth Orbit: Balancing Space Law and the Law of Armed Conflict". European Journal of International Law. 18 (5): 873. doi:10.1093/ejil/chm051.
- 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.
- – via Wikisource.
- Wikisource:Outer Space Treaty of 1967#Article VII
- Davies, Rob (6 February 2016). "Asteroid mining could be space's new frontier: the problem is doing it legally". The Guardian.
- 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.
- "Law Provides New Regulatory Framework for Space Commerce | RegBlog". www.regblog.org. Retrieved 28 March 2016.
- 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
- Wikisource:Outer Space Treaty of 1967#Article IX
- Status of international agreements relating to activities in outer space as at 1 January 2008 United Nations Office for Outer Space Affairs, 2008
- Beyond UNISPACE: It's time for the Moon Treaty. Dennis C. O'Brien. Pace Review. 21 January 2019.
Further reading
- Annette Froehlich, et al.: A Fresh View on the Outer Space Treaty. Springer, Vienna 2018, ISBN 978-3-319-70433-3.
External links
- 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...", 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
- The Progressive Development of International Space Law by the United Nations—Lecture by Vladimír Kopal] in the Lecture Series of the United Nations Audiovisual Library of International Law
- The Law of Outer Space in the General Legal Field (Commonalities and Particularities)—Lecture by Vladlen Stepanovich Vereshchetin in the Lecture Series of the United Nations Audiovisual Library of International Law
- Humans on Mars and beyond full-text