Anaya Nolan
As humans advance in space exploration, questions about power politics and their interaction with space law are being asked. The 1967 Outer Space Treaty, which has been signed by 129 countries, including the US, China, Russia, and the UK, states that space is the province of all mankind, and that no nation can claim ownership of outer space, the Moon, or any other celestial body. However, the treaty does not address commercial space activities, such as resource extraction, and there is ongoing debate about whether private companies can own resources extracted from asteroids or other planets. As space exploration and commercialisation progress, the legal framework governing these activities will need to be clarified and adapted to ensure fair and sustainable practices.
| Characteristics | Values |
|---|---|
| Number of Treaties | 5 or 6 |
| First Treaty | Outer Space Treaty (1967) |
| Treaty Topics | Non-appropriation of outer space by any one country, arms control, the freedom of exploration, liability for damage caused by space objects, the safety and rescue of spacecraft and astronauts, the prevention of harmful interference with space activities and the environment, the notification and registration of space activities, scientific investigation and the exploitation of natural resources in outer space, and the settlement of disputes |
| Number of Signatories to Outer Space Treaty | 107 or 108 (in 2019) |
| Non-Signatories to Outer Space Treaty | China, the United States, Russia, the United Arab Emirates, and Luxembourg |
| Other Treaties | Rescue of Astronauts (1968), Liability of States for Damage Caused by Space Objects (1972), Registration of Objects Launched into Outer Space (1975), Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (the "Moon Agreement") (1979) |
| Number of Signatories to Moon Agreement | 18 |
| Space Law Education | Widespread programmes and courses |
| Space Law Employment | Space lawyers are already in employment |
What You'll Learn
The Outer Space Treaty
- Space activities are for the benefit of all nations, and any country is free to explore orbit and beyond.
- No nation can claim sovereignty in space; no nation can “own” space, the Moon or any other body.
- Weapons of mass destruction are forbidden in orbit and beyond, and the Moon, the planets, and other celestial bodies can only be used for peaceful purposes.
- Any astronaut from any nation is an “envoy of mankind,” and signatory states must provide all possible help to astronauts when needed, including emergency landing in a foreign country or at sea.
- Signatory states are each responsible for their space activities, including private commercial endeavours, and must provide authorization and continuing supervision.
- Nations are responsible for damage caused by their space objects and must avoid contaminating space and celestial bodies.
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The Rescue Agreement
The agreement is part of the global space governance framework, which includes international, regional, and national laws, regulatory institutions, and processes for governing and regulating space-related activities. This framework is facilitated primarily by the United Nations (UN) and its specialized agencies, such as the United Nations Office for Outer Space Affairs (UNOOSA) and the Committee on the Peaceful Uses of Outer Space (COPUOS).
While the Rescue Agreement provides important guidelines for international cooperation in space rescue efforts, it is important to note that it is just one component of the broader global space governance framework. As space exploration and commercialization continue to evolve, ongoing review and adaptation of these treaties will be necessary to ensure their effectiveness and relevance in the changing landscape of space activities.
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The Liability Convention
According to the convention, states bear international responsibility for all space objects launched within their territory. This means that regardless of who launches the object, the state from whose territory or facility the launch occurred is fully liable for any resulting damages. If two states work together to launch a space object, they are jointly and severally liable for any damage caused, and the injured party can sue either state for the full amount of the damage.
It is important to note that claims under the Liability Convention must be brought by one state against another state. This means that if an individual is injured by a space object and wishes to seek compensation, they must arrange for their country to make a claim against the country that launched the object. The convention was created to supplement existing and future national laws providing compensation to parties injured by space activities.
As of January 1, 2021, 98 states have ratified the Liability Convention, 19 have signed but not ratified, and four international intergovernmental organizations have declared their acceptance of the rights and obligations provided in the agreement.
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The Registration Convention
The convention requires states to provide the United Nations with details about the orbit of each space object. This includes the name of the launching state, the date and territory or location of the launch, the basic orbital parameters, and the general function of the space object. A registry of launches was already being maintained by the United Nations as a result of a General Assembly Resolution in 1962.
The register is kept by the United Nations Office for Outer Space Affairs (UNOOSA) and is available to the public. As of 2021, there were nearly 12,000 objects registered in the UNOOSA Online Index of Objects Launched into Outer Space.
The Outer Space Treaty, or 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 the foundation of international space law for signatory nations. It presents several principles for space exploration and operation, including the benefit of space activities for all nations, the freedom for any country to explore orbit and beyond, the prohibition of claiming sovereignty in space, the ban on weapons of mass destruction in orbit and beyond, and the use of celestial bodies for peaceful purposes only.
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The Moon Agreement
The Agreement also states that the Moon and its natural resources are the common heritage of mankind and are not subject to national appropriation by any claim of sovereignty, use, occupation, or any other means. It provides a framework of laws to establish international cooperation and the responsible exploitation of natural resources. It also requires that states take measures to prevent accidental contamination of the environments of celestial bodies, including Earth.
- Banning any military use of celestial bodies, including weapon testing, nuclear weapons in orbit, or military bases.
- Providing a framework of laws to establish an international cooperation regime, including appropriate procedures, to govern the exploitation of natural resources.
- Requiring states to inform the UN Secretary-General, the public, and the international scientific community about their activities related to the exploration and use of the Moon.
- Allowing freedom of scientific research and exploration on the Moon by any party without discrimination.
- Designating areas of special scientific interest as international scientific preserves.
- Promptly informing the United Nations and the public of any phenomena that could endanger human life or health, as well as any indication of extraterrestrial life.
As of May 2024, 17 states are parties to the treaty, but it has not been ratified by any state that engages in self-launched human spaceflight, such as the United States, Russia, or China. The Moon Agreement is not considered to reflect customary international law due to the small number of ratifying parties, especially those active in space exploration.
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Frequently asked questions
No, the Outer Space Treaty of 1967 states that no nation can claim sovereignty over another celestial body.
No, the Outer Space Treaty also prevents private entities from owning land on another planet. However, private companies are looking into resource extraction from other planets and asteroids.
The Outer Space Treaty states that the Moon and other celestial bodies are to be used for peaceful purposes and cannot be used for military purposes. It also states that all space exploration must be for the benefit of all nations. Therefore, a single country's laws cannot apply to another planet.
Yes, once a colony becomes self-sustaining, it is likely that its residents will want to become independent and create their own laws. This is especially true if the colony has its own identity, ideas, and ideologies that differ from those of the country or company that founded it.
