The basis of space law remains the 1967 outer space treaty ost, but a lot has happened since it was signed. Outer space treaty of 1967 treaty on principles governing the activities of states in the exploration and use of outer space, including the moon and other celestial bodies, an international treaty approved on dec. Proposed principles on the use of nuclear power sources in space 889027 gary l. The early exploration of space in the mid20th century had, in part, a military motivation, as the united states and the soviet union used it as an opportunity to demonstrate ballisticmissile technology and other technologies having the potential for military application. In the exploration and use of outer space, including the moon and other celestial bodies, states parties to the treaty shall be guided by the principle of cooperation and mutual assistance and shall conduct all their activities in outer space, including the moon and other celestial bodies, with due regard to the corresponding interests of all other states parties to the treaty. You can lead an astronaut to water prospects for legal use and water rights on the moon and other celestial bodies 84 joshua easterson 4. New space mining legislation is history in the making. I am delighted to take part in this years galloway symposium commemorating the fiftieth anniversary of the outer space treaty. The united nations has, indeed, become a focal point for international cooperation in outer space and for the formu. Fifty years of the institute for defence studies and. Copuos is primarily concerned with nonmilitary space activities. The states parties to this treaty, inspired by the great prospects opening up before mankind as a result of mans entry into outer space, recognizing the common interest of all mankind in the progress of the exploration and use of outer space for peaceful purposes. Impact the treaty was the first step towards the development of the area of law on international space.
Like that treaty it sought to prevent a new form of colonial competition and the possible damage that selfseeking exploitation might cause. The outer space treaty, as it is known, was the second of the socalled nonarmament treaties. A number of agreements concerning space objects 1972 and 1974 and the rescue of astronauts 1968 also read more. Legal pluralism in outer space 116 eduard van asten. The outer space treaty needs a huge update realclearscience. This treaty, which was signed in 1967, was agreed through the united nations, and today it remain as the constitution of outer space. Astronauts on board the international space station salute the 50th anniversary of the outer space treaty. The outer space treaty and the free enterprise act. International institute of air and space law, leiden university, the netherlands. No issue in space law over the past two years has generated more domestic controversy than article vi of the outer space treaty and, specifically, its effect on private space activities. It has been signed and made official, or ratified, by 105. By 1967, the russian federation, the united kingdom uk, and the united states us signed the treaty, and it entered into.
Dembling national aeronautics and space administration daniel m. The provisions of this treaty shall apply to the activities of states parties to the treaty in the exploration and use of outer space, including the moon and other celestial bodies, whether such activities are carried on by a single state party to the treaty or jointly with other. The ost grew gradually out of a series of conferences on outer space law and several. Relevance and limitations of outer space treaty in 21st century 48 ranjana kaul 5. Merges attempt to respond to that interest by providing a casebook to serve as an introduc tion to the policy issues and treaties relevant to this area. The problem arises from the fact that there is an outdated. The outer space treaty has been ratified by 95 states and signed by 27 others. International law and the preservation of the ocean space. Outer space treaty and international relations theory. Soviet plans for general and complete disarmament between 1960 and 1962 included. The outer space treaty entered into force rapidly, within nine months of the conclusion of the process of drafting, and as of 1 january 2008 enjoys the ratifications of 98 states plus the signatures of 27 more states. New us asteroid mining law could violate international. Antonella bini, united nations office for outer space affairs unoosa perspectives 14 e s p i.
Legality of the deployment of conventional weapons in. The most counterproductive of the articles stated in this treaty was article. The outer space treaty has been remarkably successful. Fifty years of the outer space treaty tracing the journey. Treaty on principles governing the activities of states in the exploration and use of outer space, including the moon and other celestial bodies. 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. September 22, 1960, president eisenhower proposed that the principles of the antarctic treaty be applied to outer space and celestial bodies. Conference on disarmament is the venue for most international discussions about the militarization or weaponization of space and whether a treaty should be negotiated to ban weapons from outer space that are not already banned by the 1967 outer space treaty. Rticle ii of the outer space treaty provides 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. Outer space treaty of 1967 article about outer space. The moon treaty 1979 provided for the demilitarization of the moon and other celestial bodies and declared the moon and its resources to be a common heritage of mankind. At the same time, the soviet union government submitted a draft treaty on principles governing the activities of space in the exploration and use of outer space, the moon and other 2 aac. Treaty on principles governing the activities of states in the exploration and use of outer space, including the moon and other celestial bodies justin adriel espaldon ordoyo u. It has been accepted for inclusion in documents on outer space law by an authorized.
Executive d treaty on principles governing the activities of states in the exploration and use of outer space, including the moon and other celestial bodies, 90th congress. This treaty, which was signed in 1967, was agreed through the united nations, and today it remains the constitution of outer space. The provisions of this treaty shall apply to the activities of states parties to the treaty in the exploration and use of outer space including the moon and other celestial bodies, whether such activities are carried on by a single state party to the treaty or jointly with other. Commercial space launch competitiveness act, which governs ownership of asteroid resources, possibly triggering a new battle in. For the benefit of all mankind 20 joan johson freese 3. Outer space, including the moon and other celestial bodies, shall be free for exploration and use by all states without discrimination of any kind, on a basis of equality and in accordance with international law, and there shall be free access to all areas of celestial bodies. Nasa works with the united nations to support the peaceful exploration of space. The outer space treaty has 17 articles highlighting several crucial agreements in order to preserve the liberty of outer space and the celestial bodies within it. The potential for conflict and compromise in the emerging fields of environmental and historic preservation law in outer space 202 diana n. How an international treaty signed 50 years ago became the.
All content in this area was uploaded by ajey lele. One mans space junk is another mans archaeological treasure. This is the result of provisions in the treaty that preserve peace in space, recognize the legality of private activity in space, ensure the free use of outer space by countries and their. Space exploration, including the moon and other celestial bodies, must be in the best interest of mankind as a whole, and all countries must be free to explore space for scientific and. One theme considered at aspis recent annual building australias strategy for space conference was the growing importance of space law as space becomes more contested, congested and competitive.
But here is what you can currently own in outer space. Is the outer space treaty ready for new cosmic challenges. As silvia maureen williams, a professor of international space, told us, the treaty affirmed that the moon and other celestial bodies were the province of mankind and that. While the fundamental principles set out in the treaty are vitally important to the peaceful and orderly use of outer space, the pace of development of spacerelated technology which allows for activities far beyond the contemplation of those that put the treaty together means that some activities in space may fall between the cracks. Proposed principles on the use of nuclear power sources in. 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. Both the us and the soviet union wanted to prevent the expansion of the nuclear arms race into a completely new. In 1967, when the outer space treaty was signed, the cold war was in full swing. They have long felt their activities are acceptable under the outer space treaty ost of 1967, which forms the basis of international space law.
For example, chinas 2007 antisatellite missile launch was unknown to all other countries until it already led to the creation of over 3000 new pieces of debris in earths orbit. United nations treaties and principles on outer space. The militarisation of space involves the placement and development of weaponry and military technology in outer space. Abbreviations used osmcb outer space, including the moon and other celestial bodies os outer space cb celestial body 3. The treaty is the cornerstone of an international legal framework for outer space that has enabled the exploration and use of space by an increasingly diverse range of actors, serving a.