Outer Space Treaty

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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. As of January 2006, 98 countries are states-parties to the treaty, while another 27 have signed the treaty but have not yet completed ratification.

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 (Art.IV). However, the Treaty does not expressly prohibit the placement or use of weapons in orbit, so long as they for peaceful purposes. It does explicitly forbid any government from claiming a celestial resource such as the Moon or a planet since they are common heritage of humanity. Art. II of the Treaty states, in fact, that “[o]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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Article VI of the Outer Space Treaty deals indeed with international responsibility, stating that "[t]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.

Following discussions arising from Project West Ford, a consultation clause was inserted 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."

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These concepts are also reaffirmed in 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).^{[citation needed]} 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.^{[citation needed]} This is often disputed^{[citation needed]} 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.