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 List of urban areas in the United Kingdom, 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 dow ...

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. , 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, individuals, business entities, and other legal per ...

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 security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoni ...

, 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 Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...

, 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 ...

, 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 nationa ...

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 weapo ...

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 Sputnik 1 (; see § Etymology) was the first artificial Earth satellite. It was launched into an elliptical low Earth orbit by the Soviet Union on 4 October 1957 as part of the Soviet space program. It sent a radio signal back to Earth for ...

, the first artificial satellite, in October 1957, followed by a subsequent

arms race An arms race occurs when two or more groups compete in military superiority. It consists of a competition between two or more states to have superior armed forces; a competition concerning production of weapons, the growth of a military, and ...

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 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 An astronomical object, celestial object, stellar object or heavenly body is a naturally occurring physical entity, association, or structure that exists in the observable universe. In astronomy, the terms ''object'' and ''body'' are often us ...

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 A nuclear weapon is an explosive device that derives its destructive force from nuclear reactions, either fission (fission bomb) or a combination of fission and fusion reactions ( thermonuclear bomb), producing a nuclear explosion. Both bom ...

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?
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.
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 design, modular space station currently in low Earth orbit. It is a multinational collaborative project involving five participating space agencies: NASA (United States), Roscosmos ( ...

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

. 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

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 sur ...

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 An astronomical object, celestial object, stellar object or heavenly body is a naturally occurring physical entity, association, or structure that exists in the observable universe. In astronomy, the terms ''object'' and ''body'' are often us ...

, or otherwise stationing them in

. 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 in orbit, and thus some highly destructive attack tactics, such as kinetic bombardment, 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 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

and

. 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", 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 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 A geostationary orbit, also referred to as a geosynchronous equatorial orbit''Geostationary orbit'' and ''Geosynchronous (equatorial) orbit'' are used somewhat interchangeably in sources. (GEO), is a circular geosynchronous orbit in altitu ...

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.
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 (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 (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
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

, 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 northeas ...

(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 List of countries and dependencies by population, most populous country, with a Population of China, population exceeding 1.4 billion, slig ...

(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 criter ...

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: * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

References

External links