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, was opened for signature on 27 January 1967 and entered into force on 10 October 1967. It was negotiated under the auspices of the UN Committee on the Peaceful Uses of Outer Space (COPUOS) and is depositied with the governments of the United States, the United Kingdom, and the Russian Federation (successor to the Soviet Union).
The treaty's core principles include:
- Article I: Outer space is the "province of all mankind" and free for exploration and use by all states.
- Article II: Outer space, including the Moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, use, occupation, or any other means.
- Article IV: States Parties undertake not to place nuclear weapons or other weapons of mass destruction in orbit, on celestial bodies, or station them in outer space. The Moon and other celestial bodies are to be used exclusively for peaceful purposes.
- Article VI: States bear international responsibility for national activities in space, whether carried out by governmental or non-governmental entities.
- Article VII: A launching state is internationally liable for damage caused by its space objects (elaborated later by the 1972 Liability Convention).
- Article VIII: The state of registry retains jurisdiction and control over objects and personnel.
The treaty draws heavily from UN General Assembly Resolution 1962 (XVIII) of 1963. It has been supplemented by four further agreements: the Rescue Agreement (1968), Liability Convention (1972), Registration Convention (1975), and the Moon Agreement (1979, ratified by few states).
The treaty is broadly considered the foundation of corpus juris spatialis. It has been ratified by over 110 states, including all major spacefaring nations. Contemporary debates concern its application to commercial resource extraction (e.g., the US Commercial Space Launch Competitiveness Act of 2015, Luxembourg's 2017 space resources law) and the militarization of space.
Example
In 2015, the United States enacted the Commercial Space Launch Competitiveness Act, allowing US citizens to own resources extracted from asteroids — a move critics argued tests the boundaries of Article II of the Outer Space Treaty's non-appropriation principle.
Frequently asked questions
No. Article IV prohibits only nuclear weapons and other weapons of mass destruction in orbit or on celestial bodies. Conventional weapons in orbit are not explicitly banned, though the Moon and other celestial bodies must be used exclusively for peaceful purposes.
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