russian: link=yes, Договор о космосе
es, link=yes, Tratado sobre el espacio ultraterrestre
, long_name = Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies
, image = Outer Space Treaty parties.svg
, caption =
, image_width = 350px
, type =
, date_drafted =
, date_signed = 27 January 1967
, location_signed =
London
London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a majo ...
,
Moscow
Moscow ( , US chiefly ; rus, links=no, Москва, r=Moskva, p=mɐskˈva, a=Москва.ogg) is the capital and largest city of Russia. The city stands on the Moskva River in Central Russia, with a population estimated at 13.0 million ...
and
Washington, D.C.
)
, image_skyline =
, image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
, date_sealed =
, date_effective =
, condition_effective = 5 ratifications, including the depositary Governments
, date_expiration =
, signatories =
, parties = 112
[
, depositor = 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
, website =
, wikisource = Outer Space Treaty of 1967
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 multilateral ]treaty
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations
An international organization or international o ...
that forms the basis of international space law
Space law is the body of law governing space-related activities, encompassing both international and domestic agreements, rules, and principles. Parameters of space law include space exploration, liability for damage, weapons use, rescue effort ...
. Negotiated and drafted under the auspices of the United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
, it was opened for signature in the United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
, the United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
, and the Soviet Union
The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen national ...
on 27 January 1967, entering into force on 10 October 1967. , 112 countries are parties to the treaty—including all major spacefaring nations—and another 23 are signatories.[
The Outer Space Treaty was spurred by the development of ]intercontinental ballistic missile
An intercontinental ballistic missile (ICBM) is a ballistic missile with a range greater than , primarily designed for nuclear weapons delivery (delivering one or more thermonuclear warheads). Conventional, chemical, and biological weapons c ...
s (ICBMs) in the 1950s, which could reach targets through outer space
Outer space, commonly shortened to space, is the expanse that exists beyond Earth and its atmosphere and between celestial bodies. Outer space is not completely empty—it is a near-perfect vacuum containing a low density of particles, pred ...
. The Soviet Union's launch of Sputnik, the first artificial satellite, in October 1957, followed by a subsequent arms race with the United States, hastened proposals to prohibit the use of outer space for military purposes. On 17 October 1963, the U.N. General Assembly
The United Nations General Assembly (UNGA or GA; french: link=no, Assemblée générale, AG) is one of the six principal organs of the United Nations (UN), serving as the main deliberative, policymaking, and representative organ of the UN. Curr ...
unanimously adopted a resolution prohibiting the introduction of weapons of mass destruction
A weapon of mass destruction (WMD) is a chemical, biological, radiological, nuclear, or any other weapon that can kill and bring significant harm to numerous individuals or cause great damage to artificial structures (e.g., buildings), natu ...
in outer space. Various proposals for an arms control treaty governing outer space were debated during a General Assembly session in December 1966, culminating in the drafting and adoption of the Outer Space Treaty the following January.
Key provisions of the Outer Space Treaty include prohibiting nuclear weapons in space; limiting the use of the Moon and all other celestial bodies to peaceful purposes; establishing that space shall be freely explored and used by all nations; and precluding any country from claiming sovereignty over outer space or any celestial body. Although it forbids establishing military bases, testing weapons and conducting military maneuvers on celestial bodies, the treaty does not expressly ban all military activities in space, nor the establishment of military space forces or the placement of conventional weapons in space.
From 1968 to 1984, the OST birthed four additional agreements: rules for activities on the Moon; liability for damages caused by spacecraft; the safe return of fallen astronauts; and the registration of space vehicles.
OST provided many practical uses and was the most important link in the chain of international legal arrangements for space from the late 1950s to the mid-1980s. OST was at the heart of a 'network' of inter-state treaties and strategic power negotiations to achieve the best available conditions for nuclear weapons world security. The OST also declares that space is an area for free use and exploration by all and "shall be the province of all mankind". Drawing heavily from the Antarctic Treaty
russian: link=no, Договор об Антарктике es, link=no, Tratado Antártico
, name = Antarctic Treaty System
, image = Flag of the Antarctic Treaty.svgborder
, image_width = 180px
, caption ...
of 1961, the Outer Space Treaty likewise focuses on regulating certain activities and preventing unrestricted competition that could lead to conflict. Consequently, it is largely silent or ambiguous on newly developed space activities such as lunar
Lunar most commonly means "of or relating to the Moon".
Lunar may also refer to:
Arts and entertainment
* ''Lunar'' (series), a series of video games
* "Lunar" (song), by David Guetta
* "Lunar", a song by Priestess from the 2009 album ''Prior t ...
and asteroid mining
Asteroid mining is the hypothetical exploitation of materials from asteroids and other minor planets, including near-Earth objects.
Notable asteroid mining challenges include the high cost of spaceflight, unreliable identification of asteroids ...
.[If space is ‘the province of mankind’, who owns its resources?](_blank)
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."[Who Owns Space? US Asteroid-Mining Act Is Dangerous And Potentially Illegal.](_blank)
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." Nevertheless, the Outer Space Treaty is the first and most foundational legal instrument of space law, and its broader principles of promoting the civil and peaceful use of space continue to underpin multilateral initiatives in space, such as the International Space Station
The International Space Station (ISS) is the largest modular space station currently in low Earth orbit. It is a multinational collaborative project involving five participating space agencies: NASA (United States), Roscosmos (Russia), JAXA ...
and the Artemis Program
The Artemis program is a robotic and human Moon exploration program led by the United States' National Aeronautics and Space Administration (NASA) along with three partner agencies: European Space Agency (ESA), Japan Aerospace Exploration ...
.
Provisions
The Outer Space Treaty represents the basic legal framework of international space law
Space law is the body of law governing space-related activities, encompassing both international and domestic agreements, rules, and principles. Parameters of space law include space exploration, liability for damage, weapons use, rescue effort ...
. According to the U.N. Office for Outer Space Affairs (UNOOSA), the core principles of the treaty are:
* the exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind;
* outer space shall be free for exploration and use by all States;
* outer space is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means;
* States shall not place nuclear weapons or other weapons of mass destruction in orbit or on celestial bodies or station them in outer space in any other manner;
* the Moon and other celestial bodies shall be used exclusively for peaceful purposes;
* astronauts shall be regarded as the envoys of mankind;
* States shall be responsible for national space activities whether carried out by governmental or non-governmental entities;
* States shall be liable for damage caused by their space objects; and
* States shall avoid harmful contamination of space and celestial bodies.
Among its principles, it bars states party to the treaty from placing weapons of mass destruction
A weapon of mass destruction (WMD) is a chemical, biological, radiological, nuclear, or any other weapon that can kill and bring significant harm to numerous individuals or cause great damage to artificial structures (e.g., buildings), natu ...
in Earth
Earth is the third planet from the Sun and the only astronomical object known to harbor life. While large volumes of water can be found throughout the Solar System, only Earth sustains liquid surface water. About 71% of Earth's surfa ...
orbit, installing them on the Moon
The Moon is Earth's only natural satellite. It is the fifth largest satellite in the Solar System and the largest and most massive relative to its parent planet, with a diameter about one-quarter that of Earth (comparable to the width of ...
or any other celestial body, or otherwise stationing them in outer space
Outer space, commonly shortened to space, is the expanse that exists beyond Earth and its atmosphere and between celestial bodies. Outer space is not completely empty—it is a near-perfect vacuum containing a low density of particles, pred ...
. 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
The terms conventional weapons or conventional arms generally refer to weapons whose ability to damage comes from kinetic, incendiary, or explosive energy and exclude weapons of mass destruction (''e.g.'' nuclear, biological, radiological and ...
in orbit, and thus some highly destructive attack tactics, such as kinetic bombardment
A kinetic bombardment or a kinetic orbital strike is the hypothetical act of attacking a planetary surface with an inert kinetic projectile from orbit (orbital bombardment), where the destructive power comes from the kinetic energy of the pr ...
, are still potentially allowable. In addition, the treaty explicitly allows the use of military personnel and resources to support peaceful uses of space, mirroring a common practice permitted by the Antarctic Treaty regarding that continent. 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.
Article II of the treaty explicitly forbids any government from claiming a celestial body such as the Moon or a planet as its own territory, whether by declaration, occupation, or "any other means". However, the state that launches a space object, such as a satellite or space station, retains jurisdiction and control over that object; by extension, a state is also liable for damages caused by its space object.
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 Party 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
Project West Ford (also known as Westford Needles and Project Needles) was a test carried out by Massachusetts Institute of Technology's Lincoln Laboratory on behalf of the United States military in 1961 and 1963 to create an artificial ionospher ...
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."
Applicability in the 21st century
Being primarily an arms control treaty for the peaceful use of outer space, the Outer Space Treaty offers limited and ambiguous regulations to newer space activities such as lunar
Lunar most commonly means "of or relating to the Moon".
Lunar may also refer to:
Arts and entertainment
* ''Lunar'' (series), a series of video games
* "Lunar" (song), by David Guetta
* "Lunar", a song by Priestess from the 2009 album ''Prior t ...
and asteroid mining
Asteroid mining is the hypothetical exploitation of materials from asteroids and other minor planets, including near-Earth objects.
Notable asteroid mining challenges include the high cost of spaceflight, unreliable identification of asteroids ...
. It is therefore debated whether the extraction of resources falls within the prohibitive language of appropriation, or whether the use of such resources encompasses the commercial use and exploitation.[ ]
Seeking clearer guidelines, private U.S. companies lobbied the U.S. government, which in 2015 introduced the U.S. Commercial Space Launch Competitiveness Act of 2015 legalizing space mining. Similar national legislation to legalize the appropriation of extraterrestrial resources are now being introduced by other countries, including Luxembourg, Japan, China, India, and Russia. This has created some controversy regarding legal claims over the mining of celestial bodies for profit.
1976 Bogota Declaration
The "Declaration of the First Meeting of Equatorial Countries
The Declaration of the First Meeting of Equatorial Countries, also known as the Bogota Declaration, is a declaration made and signed in 1976 by seven equatorial countries, and was an attempt to assert sovereignty over those portions of the geosta ...
", also known as the "Bogota Declaration", was one of the few attempts to challenge the Outer Space Treaty. It was promulgated in 1976 by eight equatorial Equatorial may refer to something related to:
*Earth's equator
**the tropics, the Earth's equatorial region
**tropical climate
*the Celestial equator
** equatorial orbit
**equatorial coordinate system
** equatorial mount, of telescopes
* equatorial ...
countries to assert sovereignty
Sovereignty is the defining authority within individual consciousness, social construct, or territory. Sovereignty entails hierarchy within the state, as well as external autonomy for states. In any state, sovereignty is assigned to the perso ...
over those portions of the geostationary orbit that continuously lie over the signatory nations' territory. These claims did not receive wider international support or recognition, and were subsequently abandoned.
Influence on space law
As the first international legal instrument concerning space, the Outer Space Treaty is considered the "cornerstone" of space law. It was also the first major achievement of the United Nations in this area of law, following the adoption of the first U.N. General Assembly resolution on space in 1958, and the first meeting of the U.N. Committee on the Peaceful Uses of Outer Space
The United Nations Committee on the Peaceful Uses of Outer Space (COPUOS) is a United Nations committee whose main task is to review and foster international cooperation in the peaceful uses of outer space, as well as to consider legal issues ar ...
(COPUOS) the subsequent year.[Beyond UNISPACE: It's time for the Moon Treaty.](_blank)
Dennis C. O'Brien. ''Pace Review''. 21 January 2019.
Within roughly a decade of the treaty's entry into force, several other treaties were brokered by the U.N. to further develop the legal framework for activities in space:
*Rescue Agreement
The Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, also referred to as the Rescue Agreement is an international agreement setting forth rights and obligations of states concer ...
(1968)
*Space Liability Convention
The Convention on International Liability for Damage Caused by Space Objects, also known as the Space Liability Convention, is a treaty from 1972 that expands on the liability rules created in the Outer Space Treaty of 1967. In 1978, the crash ...
(1972)
*Registration Convention
The Convention on Registration of Objects Launched into Outer Space (commonly known as the Registration Convention) was adopted by the United Nations General Assembly in 1974 and went into force in 1976. As of February 2022, it has been ratified ...
(1976)
* Moon Treaty (1979)
With the exception of the Moon Treaty, to which only 18 nations are party, all other treaties on space law have been ratified by most major space-faring nations (namely those capable of orbital spaceflight
An orbital spaceflight (or orbital flight) is a spaceflight in which a spacecraft is placed on a trajectory where it could remain in space for at least one orbit. To do this around the Earth, it must be on a free trajectory which has an altit ...
).[Status of international agreements relating to activities in outer space as at 1 January 2008](_blank)
United Nations Office for Outer Space Affairs, 2008 COPUOS coordinates these treaties and other questions of space jurisdiction, aided by the U.N. Office for Outer Space Affairs.
The Bogota Declaration
The Declaration of the First Meeting of Equatorial Countries, also known as the Bogota Declaration, is a declaration made and signed in 1976 by seven equatorial countries, and was an attempt to assert sovereignty over those portions of the geostati ...
tried to complement shortcomings of the treaty on safeguarding control of Earth's geostationary orbit, but was not implemented.
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 February 2022, 112 countries are parties to the treaty, while another 23 have signed the treaty but have not completed ratification.[
Multiple dates indicate the different days in which states submitted their signature or deposition, which varied by location: (L) for London, (M) for Moscow, and (W) for Washington, D.C. Also indicated is whether the state became a party by way of signature and subsequent ]ratification
Ratification is a principal's approval of an act of its agent that lacked the authority to bind the principal legally. Ratification defines the international act in which a state indicates its consent to be bound to a treaty if the parties inten ...
, by accession to the treaty after it had closed for signature, or by succession of states
Succession of states is a concept in international relations regarding a successor state that has become a sovereign state over a territory (and populace) that was previously under the sovereignty of another state. The theory has its roots in 19th- ...
after separation from some other party to the treaty.
Partially recognized state abiding by treaty
The Republic of China
Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast ...
(Taiwan), which is currently recognized by , ratified the treaty prior to the United Nations General Assembly
The United Nations General Assembly (UNGA or GA; french: link=no, Assemblée générale, AG) is one of the six principal organs of the United Nations (UN), serving as the main deliberative, policymaking, and representative organ of the UN. Curr ...
's vote to transfer China's seat to the People's Republic of China
China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
(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".
States that have signed but not ratified
Twenty-three states have signed but not ratified the treaty.
List of non-parties
The remaining UN member states
The United Nations member states are the sovereign states that are members of the United Nations (UN) and have equal representation in the UN General Assembly. The UN is the world's largest intergovernmental organization.
The criteria ...
and UN observer state
The United Nations General Assembly has granted observer status to international organizations, entities, and non-member states, to enable them to participate in the work of the United Nations General Assembly, though with limitations. The Genera ...
which have neither ratified nor signed the Outer Space Treaty are:
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See also
*High-altitude nuclear explosion
High-altitude nuclear explosions are the result of nuclear weapons testing within the upper layers of the Earth's atmosphere and in outer space. Several such tests were performed at high altitudes by the United States and the Soviet Union betwe ...
(HANE)
* Kármán line
*Lunar Flag Assembly
The Lunar Flag Assembly (LFA) was a kit containing a flag of the United States designed to be erected on the Moon during the Apollo program. Six such flag assemblies were planted on the Moon. The nylon flags were hung on telescoping staffs and ho ...
*Common heritage of mankind
Common heritage of humanity (also termed the common heritage of mankind, common heritage of humankind or common heritage principle) is a principle of international law that holds the defined territorial areas and elements of humanity's common heri ...
*Human presence in space
Human presence in space is about humanity in space, particularly about all anthropogenic presence in space and human activity in space, that is in outer space and in a broader sense also on any extraterrestrial astronomical body.
Humans have ...
*Militarization of space
The militarization of space involves the placement and development of weaponry and military technology in outer space. The early exploration of space in the mid-20th century had, in part, a military motivation, as the United States and the Sov ...
* Moon Treaty
*SPACE Act of 2015
File:2015 Events Collage new.png, From top left, clockwise: Civil service in remembrance of November 2015 Paris attacks; Germanwings Flight 9525 was purposely crashed into the French Alps; the rubble of residences in Kathmandu following the April ...
*Treaty on Open Skies
The Treaty on Open Skies establishes a program of unarmed aerial surveillance flights over the entire territory of its participants. The treaty is designed to enhance mutual understanding and confidence by giving all participants, regardless ...
*United Nations Convention on the Law of the Sea
The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international agreement that establishes a legal framework for all marine and maritime activities. , 167 c ...
* International waters
The terms international waters or transboundary waters apply where any of the following types of bodies of water (or their drainage basins) transcend international boundaries: oceans, large marine ecosystems, enclosed or semi-enclosed region ...
* International zone
An international zone is any area not fully subject to the border control policies of the state in which it is located. There are several types of international zones ranging from special economic zones and sterile zones at ports of entry exe ...
* Extraterritorial jurisdiction
Extraterritorial jurisdiction (ETJ) is the legal ability of a government to exercise authority beyond its normal boundaries.
Any authority can claim ETJ over any external territory they wish. However, for the claim to be effective in the externa ...
* Extraterritorial operation
An extraterritorial operation in international law is a law enforcement or military operation that takes place outside the territory or jurisdiction of the state whose forces are conducting the operation, generally within the territory of another s ...
* Extraterritoriality
In international law, extraterritoriality is the state of being exempted from the jurisdiction of local law, usually as the result of diplomatic negotiations.
Historically, this primarily applied to individuals, as jurisdiction was usually cla ...
References
Further reading
* Annette Froehlich, et al.: ''A Fresh View on the Outer Space Treaty.'' Springer, Vienna 2018, .
External links
International Institute of Space Law
* ttp://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties/status/index.html 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 a
Google Books
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 th
* '' ttps://legal.un.org/avl/ls/Kopal_LOS.html 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
{{Authority control
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Treaties extended to the Kingdom of Tonga (1900–1970)
January 1967 events