Outer Space Treaty

The Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies also known as the Outer Space Treaty (the Treaty), was opened for signature in the United States, the United Kingdom, and the Soviet Union (the three depository governments) on January 27 1967, and the Treaty entered into force on October 10 1967.

The Outer Space Treaty represents the basic legal framework of international space law and, among its principles, it bars States Parties to the Treaty from placing nuclear weapons or any other weapons of mass destruction in orbit of Earth, installing them on the Moon or any other celestial body, or to otherwise station 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 manoeuvers, or establishing military bases, installations, and fortifications (Outer Space Treaty of 1967#Article IV). Moreover, it explicitly forbids any government from claiming a celestial resource such as the Moon or a planet since they are common heritage of mankind. Outer Space Treaty of 1967#Article II of the Treaty states, in fact, that “^*uter 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.”.

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These concepts are also reaffirmed in Moon Treaty#Article 11 of the “Agreement Governing the Activities of States on the Moon and Other Celestial Bodies” (the Moon Treaty) of 1979, which was intended as a clarifying follow-up to the 1967 Outer Space Treaty. However, it failed to be ratified by any major space power. Experts of international space law state that the Moon falls under the legal concept of res communis, which means that it belongs to a group of persons, and may be used by every member of the group, but cannot be appropriated by anyone (the concept is also applied to International Waters). The effect of the Outer Space Treaty to restrict control of private property rights, in the way that the law of the sea prevents anyone owning the sea. This is often disputed by those who claim the ability to sell property rights on the Moon and other bodies, but the dispute has never been tested in a court of law.

Outer Space Treaty of 1969#Article VI of the Outer Space Treaty deals indeed with international responsibility, stating that "^*he 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.

External links

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See also

External links