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]

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
  Parties
  Signatories
  Non-parties
Signed27 January 1967
LocationLondon, Moscow and Washington, D.C.
Effective10 October 1967
Condition5 ratifications, including the depositary Governments
Parties110[1][2][3][4]
DepositaryGovernments of the United Kingdom of Great Britain and Northern Ireland, the Union of Soviet Socialist Republics and the United States of America
LanguagesEnglish, French, Russian, Spanish and Chinese
Outer Space Treaty of 1967 at Wikisource

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 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.[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 to claim a celestial resource 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 mostly an arms-control treaty for a peaceful outer space use, 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 companies in the US prompted the US government and legalized space mining in 2015 by introducing the US Commercial Space Launch Competitiveness Act of 2015.[17] Similar national legislations legalizing extraterrestrial appropriation of resources are now being replicated by other nations, including Luxembourg, Japan, China, India and Russia.[8][15][18][19] This has created a controversy on legal claims for mining 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 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
 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

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
 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
 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)
 Democratic Republic of the Congo 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

References

  1. "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.
  2. "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.
  3. "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.
  4. "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.
  5. "China: Accession to Outer Space Treaty". United Nations Office for Disarmament Affairs. Retrieved 1 March 2015.
  6. Shakouri Hassanabadi, Babak (30 July 2018). "Space Force and international space law". The Space Review. Retrieved 22 May 2019.
  7. Irish, Adam (13 September 2018). "The Legality of a U.S. Space Force". OpinioJuris. Retrieved 22 May 2019.
  8. 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."
  9. Space Law: Is asteroid mining legal?. Wired. 1 May 2012.
  10. 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."
  11. 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.
  12. 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?". Wiscoscin International Law Journal (21 ed.): 409.
  13. Outer Space Treaty of 1967#Article VIII  via Wikisource.
  14. Wikisource:Outer Space Treaty of 1967#Article VII
  15. Davies, Rob (6 February 2016). "Asteroid mining could be space's new frontier: the problem is doing it legally". The Guardian.
  16. 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.
  17. "U.S. Commercial Space Launch Competitiveness Act". Act No. H.R.2262 of 5 December 2015. 114th Congress (2015-2016) Sponsor: Rep. McCarthy, Kevin.
  18. Ridderhof, R. (18 December 2015). "Space Mining and (U.S.) Space Law". Peace Palace Library. Retrieved 26 February 2019.
  19. "Law Provides New Regulatory Framework for Space Commerce | RegBlog". www.regblog.org. Retrieved 28 March 2016.
  20. 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
  21. Wikisource:Outer Space Treaty of 1967#Article IX
  22. Status of international agreements relating to activities in outer space as at 1 January 2008 United Nations Office for Outer Space Affairs, 2008
  23. 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.
This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.