Signed 27 January 1967 Parties 105 | Effective 10 October 1967 | |
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Location London, Moscow and Washington, D.C. Condition 5 ratifications, including the depositary Governments Depositary Governments of the United Kingdom of Great Britain and Northern Ireland, the Union of Soviet Socialist Republics and the United States of America | ||
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 January 2017, 105 countries are parties to the treaty, while another 24 have signed the treaty but have not completed ratification. In addition, the Republic of China (Taiwan), which is currently only recognized by 20 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.
Contents
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 orbit of Earth, 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. 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 from claiming a celestial resource such as the Moon or a planet. 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. The State is also liable for damages caused by their 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 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."
Follow-ups
The United Nations Committee on the Peaceful Uses of Outer Space (COPUOS) oversees 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 January 2017, 105 countries are parties to the treaty, while another 24 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. This location is noted by: (L) for London, (M) for Moscow, and (W) for Washington, DC.
Partially recognized state abiding by treaty
The Republic of China (Taiwan), which is currently only recognized by 20 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 they still consider them to be "bound by its obligations".