Outer Space Treaty

Exploration and Use of Outer Space, Including the Moon

The Outer Space Treaty was named 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.

Introduction to Outer Space

The principles governing the use of outer space are similar to those that the high seas. First, no
State may purport to assert sovereignty over any part of outer space. Second, all States have the freedom to use outer space for peaceful purposes. Third, States on whose registry a space
object is launched shall retain jurisdiction and control over the space object and over any persons on board the space object.

Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies

Entered into force: 10 October 1967

The States Parties to this Treaty,

Inspired by the great prospects opening up before mankind as a result of
man’s 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,

Believing that the exploration and use of outer space should be carried
on for the benefit of all peoples irrespective of the degree of their
economic or scientific development,

Desiring to contribute to broad international co-operation in the
scientific as well as the legal aspects of the exploration and use of
outer space for peaceful purposes,

Believing that such co-operation will contribute to the development of
mutual understanding and to the strengthening of friendly relations
between States and peoples,

Recalling resolution 1962 (XVIII), entitled “Declaration of Legal
Principles Governing the Activities of States in the Exploration and Use
of Outer Space”, which was adopted unanimously by the United Nations
General Assembly on 13 December 1963,

Recalling resolution 1884 (XVIII), calling upon States to refrain from
placing in orbit around the earth any objects carrying nuclear weapons or
any other kinds of weapons of mass destruction or from installing such
weapons on celestial bodies, which was adopted unanimously by the United
Nations General Assembly on 17 October 1963,

Taking account of United Nations General Assembly resolution 110 (II) of
3 November 1947, which condemned propaganda designed or likely to provoke
or encourage any threat to the peace, breach of the peace or act of
aggression, and considering that the aforementioned resolution is
applicable to outer space,

Convinced that a Treaty on Principles Governing the Activities of States
in the Exploration and Use of Outer Space, including the Moon and Other
Celestial Bodies, will further the Purposes and Principles of the Charter
of the United Nations,

Have agreed on the following:

Article I

The exploration and use of outer space, including the moon and other
celestial bodies, shall be carried out for the benefit and in the
interests of all countries, irrespective of their degree of economic or
scientific development, and shall be the province of all mankind.

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.

There shall be freedom of scientific investigation in outer space,
including the moon and other celestial bodies, and States shall
facilitate and encourage international co-operation in such
investigation.

Article II

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.

Article III

States Parties to the Treaty shall carry on activities in the exploration
and use of outer space, including the moon and other celestial bodies, in
accordance with international law, including the Charter of the United
Nations, in the interest of maintaining international peace and security
and promoting international co-operation and understanding.

Article IV

States Parties to the Treaty undertake not to place in orbit around the
earth any objects carrying nuclear weapons or any other kinds of weapons
of mass destruction, instal such weapons on celestial bodies, or station
such weapons in outer space in any other manner.

The moon and other celestial bodies shall be used by all States Parties
to the Treaty exclusively for peaceful purposes. The establishment of
military bases, installations and fortifications, the testing of any type
of weapons and the conduct of military manoeuvres on celestial bodies
shall be forbidden. The use of military personnel for scientific research
or for any other peaceful purposes shall not be prohibited. The use of
any equipment or facility necessary for peaceful exploration of the moon
and other celestial bodies shall also not be prohibited.

Article V

States Parties to the Treaty shall regard astronauts as envoys of mankind
in outer space and shall render to them all possible assistance in the
event of accident, distress, or emergency landing on the territory of
another State Party or on the High Seas . When astronauts make such a
landing, they shall be safely and promptly returned to the State of
registry of their space vehicle.

In carrying on activities in outer space and on celestial bodies, the
astronauts of one State Party shall render all possible assistance to the
astronauts of other States Parties.

States Parties to the Treaty shall immediately inform the other States
Parties to the Treaty or the Secretary-General of the United Nations of
any phenomena they discover in outer space, including the moon and other
celestial bodies, which could constitute a danger to the life or health
of astronauts.

Article VI

States Parties to the Treaty shall bear international responsibility for
national activities in outer space, including the moon and other
celestial bodies, whether such activities are carried on by governmental
agencies or by non-governmental entities, and for assuring that national
activities are carried out in conformity with the provisions set forth in
the present Treaty. 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. When activities are carried on in outer space, including
the moon and other celestial bodies, by an international organization,
responsibility for compliance with this Treaty shall be borne both by the
international organization and by the States Parties to the Treaty
participating in such organization.

Article VII

Each State Party to the Treaty that launches or procures the launching of
an object into outer space, including the moon and other celestial
bodies, and each State Party from whose territory or facility an object
is launched, is internationally liable for damage to another State Party
to the Treaty or to its natural or juridical persons by such object or
its component parts on the Earth, in air space or in outer space,
including the moon and other celestial bodies.

Article VIII

A State Party to the Treaty on whose registry an object launched into
outer space is carried shall retain jurisdiction and control over such
object, and over any personnel thereof, while in outer space or on a
celestial body. Ownership of objects launched into outer space, including
objects landed or constructed on a celestial body, and of their component
parts, is not affected by their presence in outer space or on a celestial
body or by their return to the Earth. Such objects or component parts
found beyond the limits of the State Party to the Treaty on whose
registry they are carried shall be returned to that State Party, which
shall, upon request, furnish identifying data prior to their return.

Article IX

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 co-operation 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. States Parties to the Treaty shall pursue
studies of outer space, including the moon and other celestial bodies,
and conduct exploration of them so as to avoid their harmful
contamination and also adverse changes in the environment of the Earth
resulting from the introduction of extraterrestrial matter and, where
necessary, shall adopt appropriate measures for this purpose. If a State
Party to the Treaty has reason to believe that an activity or experiment
planned by it or its nationals in outer space, including the moon and
other celestial bodies, would cause potentially harmful interference with
activities of other States Parties in the peaceful exploration and use of
outer space, including the moon and other celestial bodies, it shall
undertake appropriate international consultations before proceeding with
any such activity or experiment. 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.

Article X

In order to promote international co-operation in the exploration and use
of outer space, including the moon and other celestial bodies, in
conformity with the purposes of this Treaty, the States Parties to the
Treaty shall consider on a basis of equality any requests by other States
Parties to the Treaty to be afforded an opportunity to observe the flight
of space objects launched by those States.

The nature of such an opportunity for observation and the conditions
under which it could be afforded shall be determined by agreement between
the States concerned.

Outer Space

In relation to the international law practice and outer space in this world legal Encyclopedia, please see the following section:

Territorial Regimes and Related Issues

About this subject:

Space Security Conference

Note: there is detailed information and resources under these topics during the year 2013, covered by this entry on outer space in this law Encyclopedia.

Outer Space Treaty

Embracing mainstream international law, this section on outer space treaty explores the context, history and effect of the area of the law covered here.

Committee on the Peaceful Uses of Outer Space

Resources

Further Reading

• The entry “outer space treaty” in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, the Encyclopaedic Dictionary of International Law, 2009), Oxford University Press

Convention on Registration of Objects Launched into Outer Space
Atmosphere and Space conventions
Convention on International Liability for Damage Caused by Space Objects
Air law and law of outer space
Aviation Law In Space Law
Space Law Treaties
Aviation and Outerspace Conventions

• Allison, A. L. (2014). The ITU and managing satellite orbital and spectrum resources in the 21st century. New York: Springer.
• Burrows, W. E. (1998). This new ocean: The story of the first space age. New York: Random House.
• Cheng, B. (1997). Studies in international space law. New York: Oxford University Press.
• Haanappel, P. P. (2003). The law and policy of air space and outer space: A comparative approach. The Hague: Kluwer Law International.
• Hobe, S., Schmidt-Tedd, B., & Schrogl, K.-U. (Eds.). (2009). Cologne commentary on space law (Vol. 1). Cologne, Germany: Carl Heymanns Verlag.
• Jakhu, R. S. (Ed.). (2010). National regulation of space activities. New York: Springer.
• Johnson, C. (Ed.). (2017). Handbook for new actors in space. Washington, DC: Secure World Foundation. Retrieved from https://swfound.org/media/205710/handbook_for_new_actors_in_space_2017_web2.pdf.
• Johnson-Freese, J. (2016). Space warfare in the 21st century: Arming the heavens. Abingdon, U.K.: Routledge.
• Kleiman, M. J., Lamie, J. K., & Carminati, M.-V. (2012). The laws of spaceflight: A guidebook for new space lawyers. Chicago: ABA Publishing.
• Larsen, P. B., & Lyall, F. (2009). Space law: A treatise. Farnham, U.K.: Ashgate.
• Malanczuk, P. (1997). Akehurst’s modern introduction to international law. London: Routledge.
• McDougall, W. A. (1997). … the heavens and the Earth: A political history of the space age. Baltimore, MD: Johns Hopkins University Press.
• Moltz, J. C. (2014). Crowded orbits: Conflict and cooperation in space. New York: Columbia University Press.
• Simpson, M., Williamson, R., & Morris, L. (Eds.). (2016). Space for the 21st century: Discovery, innovation, sustainability (Vol. 5). Houston, TX: Aerospace Technology Working Group.
• United Nations Office for Outer Space Affairs. (2013). United Nations treaties and principles on outer space, including related General Assembly resolutions and other documents. Vienna, Austria: United Nations.
• British Pathé. (1967). Space Treaty [Motion Picture]. United Kingdom: British Pathé.
• Buck, S. J. (1998). The global commons: An introduction. Washington, DC: Island Press.
• Burrows, W. E. (1998). This new ocean: The story of the first space age. New York: Random House.
• Cheng, B. (1997). Studies in international space law. New York: Oxford University Press.
• Haanappel, P. P. (2003). The law and policy of air space and outer space: A comparative approach. The Hague: Kluwer Law International.
• Hitchens, T. (2016). Forwarding multilateral governance of outer space activities: Next steps for the international community. In M. Simpson, R. Williamson, & L. Morris (Eds.), Space for the 21st century (pp. 75–117). Houston, TX: Aerospace Technology Working Group.
• Hobe, S., Schmidt-Tedd, B., & Schrogl, K.-U. (Eds.). (2009). Cologne commentary on space law (Vol. 1). Cologne, Germany: Carl Heymanns Verlag.
• Jakhu, R. S. (Ed.). (2010). National regulation of space activities. New York: Springer.
• Johnson, C. (Ed.). (2017). Handbook for new actors in space. Washington, DC: Secure World Foundation.
• Johnson, L. B. (1966, May 6). Statement by the president on the need for a treaty governing exploration of celestial bodies. Retrieved from https://www.presidency.ucsb.edu.
• Johnson-Freese, J. (2016). Space warfare in the 21st century: Arming the heavens. Abingdon, U.K.: Routledge.
• Kleiman, M. J., Lamie, J. K., & Carminati, M.-V. (2012). The laws of spaceflight: A guidebook for new space actors. Chicago: ABA Publishing.
• Larsen, P. B., & Lyall, F. (2009). Space law: A treatise. Farnham, U.K.: Ashgate.
• Malanczuk, P. (1997). Akehurst’s modern introduction to international law. London: Routledge.
• Mann, A. (2017, May 19). Who’s in charge of outer space? Wall Street Journal.
• Martinez, P. (2016). Sustainability, COPUOS and the LTSSA Working Group. In M. Simpson, R. Williamson, & L. Morris (Eds.), Space for the 21st century (pp. 47–59). Houston, TX: Aerospace Technology Working Group.
• Masson-Zwaan, T. (2016). The relevance of hard law and soft law in the further development of space law. 10th UN Workshop on Space Law. Vienna, Austria: United Nations Office for Outer Space Affairs.
• McDougall, W. A. (1985). … the heavens and the Earth: A political history of the space age. Baltimore, MD: Johns Hopkins University Press.
• Moltz, J. C. (2014). Crowded orbits: Conflict and cooperation in space. New York: Columbia University Press.
• Paikowsky, D. (2017). What is new space? The changing ecosystem of global space activity. International Astronautical Congress. Guadalajara, Mexico: Mary Ann Liebert.
• Simpson, M., Williamson, R., & Morris, L. (Eds.). (2016). Space for the 21st century: Discovery, innovation, sustainability (Vol. 5). Houston, TX: Aerospace Technology Working Group.

Author: international

Mentioned in these Entries

Agreement Governing the Activities of States on the Moon, Agreement Governing the Activities of States on the Moon 3, Agreement on the Rescue of Astronauts, the Return of Astronauts, Atmosphere and Space conventions, Aviation and Outerspace Conventions, Convention on International Liability for Damage Caused by Space Objects 3, Convention on International Liability for Damage Caused by Space Objects, Convention on Registration of Objects Launched into Outer Space, Conventions: Chronological Index 1951-1970, High Seas.