The space TREATIES

The Outer Space Treaty

The 1960s space race between the USA and USSR saw each nation rush to first land a man on the Moon. Faced with this imminent reality, the international community set about establishing what laws would govern human conduct beyond the jurisdiction of the stratosphere.

The was result was the United Nations’ 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies, better known as the Outer Space Treaty. Today it effectively serves as the constitution of space law, with all subsequent space law being built upon its foundational framework.

Subsequent international Space Treaties

International space treaties subsequent to the Outer Space Treaty include the Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space (aka the Rescue Agreement of 1968), the Convention on International Liability for Damage Caused by Space Objects (aka the Liability Convention of 1972), and the Convention on Registration of Objects Launched into Outer Space (aka the Registration Convention of 1975).

The Rescue Agreement set out national obligations to rescue astronauts in the event of crash landings or accidents in the Earthly territory of another state party. The Liability Convention expanded on Article 7 of the Outer Space Treaty, and provided for absolute state party liability to compensate for damage caused by outer space operations on Earth objects, aircraft, and space objects. The Registration Convention set out a system of rules for recording and tracking objects launched into space for identification and safety purposes.

A final space treaty called the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (aka the Moon Agreement) was drafted in 1979, but did not enter into force until 1984 because it was not ratified by enough states, including major spacefaring nations such as the United States and Russia (then the USSR).

The Agreement reinforced the need for peace in outer space, and pushed for the creation of a new international regime to govern commercial resource exploitation on the Moon and other celestial bodies within the solar system (other than Earth). One of the more controversial aspects of this Agreement held that should a state establish a station on a celestial body, it must make the station’s location known to the United Nations for monitoring purposes.

Together, these treaties form the current basis for outer space law. In addition to these treaties, other bodies of international law, domestic law and individual state policies, and international policy guidance documents, such as the 2019 Guidelines for the Long-term Sustainability of Outer Space Activities, constitute what can generally be regarded as space law. Private industry best practices are also likely to play a significant role in the development of this legal sphere.

What are the Artemis Accords? ->