We’ve talked a bit about the importance of operating responsibly in space: for example, disposing of satellites so they don’t end up contributing to the space debris problem. Is there any way to legally enforce responsible operation, though? Does anyone own space and have the ability to impose regulations on it? In other words, are there laws in space?
Who owns space?
Nobody owns the moon, the stars or outer space in general. The 1967 Outer Space Treaty, which has been agreed to by over a hundred nations, specifically forbids any nation from laying claim to outer space: ‘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.’ We’ll look at this treaty in more detail shortly.
Although some companies claim to sell plots of land on the moon, nobody owns the land to sell it. Some have tried to argue that, although nations are barred from owning the moon, that doesn’t necessarily prevent individuals or corporations from owning it. If you make it to the moon, though, you’re unlikely to find that your moon deed is legally recognised.
To look at it from a different perspective, everyone owns the moon. The Outer Space Treaty declares the exploration and use of outer space the ‘province of all mankind’, so nobody has the right to take private possession of part of the moon, thus excluding everyone else.
The 1967 Outer Space Treaty
As no one nation owns outer space, no nation can impose its laws on it. Because of this, the rules that govern space are formed by agreement between nations, which is why treaties are crucial for space law.
The Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, more concisely known as the Outer Space Treaty, first came into effect on 10 October 1967. This treaty laid the foundations of the laws of space.
Royal Museums Greenwich offers a comparison to bring home how sparsely regulated space is, in comparison to Earth-based concerns:
[The Outer Space Treaty] is just 17 short articles in length. By comparison, the International Law of the Sea Treaty – the set of rules governing the use of the world’s oceans – contains over 300 articles.
Articles 13 to 17 of the Outer Space Treaty are about the treaty itself, so the first 12 articles are the important ones if you want to know the rules of space. Here’s a quick summary of those articles.
- Space is open to all. Outer space should be explored and used for the benefit of everyone. As mentioned, the exploration and use of space is the ‘province of all mankind’, and all states should have equal freedom to participate.
- Nobody owns space. No nation can lay claim to outer space or any celestial bodies.
- International law governs in space. States should carry out their exploration and use of outer space in accordance with international law: abiding by treaties, for example.
- Space is a peaceful place. Celestial bodies, such as the moon, can only be used for peaceful purposes. States are forbidden from installing weapons of mass destruction in space, and cannot test weapons or establish military bases on celestial bodies.
- Astronauts should be protected. States are to aid astronauts in distress, and to alert other states if they discover anything in space that could endanger astronauts. The 1968 Rescue Agreement would expand on this.
- Nations are responsible for their actions in space. Whether space-based actions are carried out by the government or by private organisations, that government or organisation’s state is responsible for making sure those actions comply with the Outer Space Treaty.
- Anything you launch is your responsibility. States are liable for damages caused to other states by anything they launch into space. The 1972 Liability Convention would expand on this.
- Anything you launch is your property. States retain the ownership of anything they launch into space. In other words, although nobody can own outer space, that doesn’t mean you’ll cease to own something you put into outer space.
- Respect your neighbours and the environment. States should bear the interests of other states in mind while exploring or making use of outer space. They should avoid ‘harmful contamination’ of celestial bodies or of the Earth in the process of their space exploration.
- Your neighbours should be able to monitor what you launch into space. States can request to observe the flight of objects launched by other states.
- Be clear about what you’re doing in space. Wherever feasible, states should inform the public, the scientific community and the Secretary-General of the United Nations about their actions in space.
- Welcome your neighbours to your space stations. States can request to visit other states’ space stations or their installations on celestial bodies.
Other space treaties
The use of space is largely governed by four international treaties. The Outer Space Treaty of 1967 is the most significant one, but we’ll take a quick look here at the other three:
- The 1968 Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, also known as the Rescue Agreement. Under the terms of this agreement, states agree to help astronauts in distress in any way they can, and (if requested) to return objects that land in their territory after being launched into space by another state.
- The 1972 Convention on International Liability for Damage Caused by Space Objects, also known as the Liability Convention. This expands on the idea that states are responsible for damages caused by anything they launch into space.
- The 1975 Convention on Registration of Objects Launched into Outer Space, also known as the Registration Convention. This requires states to register the details of anything they launch into space with the United Nations.
In theory, there’s a fifth treaty: the 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, also known as the Moon Agreement, which attempts to set out rules for the use of the moon and its resources. As most spacefaring nations haven’t ratified the Moon Agreement, though, it doesn’t have the same impact on space law as its more widely accepted predecessors.
The gaps in space law
At the moment, space is sparsely and vaguely regulated. There are some points on which it could be worth clarifying the rules.
For example, you may have noticed that none of these treaties specifically set out rules for satellite disposal, which is important for keeping space debris under control. There are a couple of ways in which existing space law might help to mitigate space debris, but there’s no article that forbids unnecessarily allowing space debris to be created.
The Liability Convention, which holds states liable for damages caused by their own satellites, creates an incentive for governments to order that satellites must be disposed of responsibly. After all, if a state creates space debris by neglecting or destroying a satellite, they will then need to pay for any damage that the debris inflicts on other satellites. However, there’s still a chance a state might act recklessly, in spite of the risk that they might have to pay damages.
Article 9 of the Outer Space Treaty, meanwhile, dictates that states should act with due regard to other states’ interests. Unnecessarily creating space debris could be considered a violation of this article, as space debris makes the use of space more difficult for everyone. However, the lack of specificity here means that different states may interpret this article differently. For example, after Russia destroyed one of its own satellites in a missile test in November 2021, creating a large amount of space debris, Russia’s foreign ministry claimed that the test had been carried out ‘in strict conformity with international law, including the 1967 Outer Space Treaty’.
In 2008, the European Union attempted to create a code of conduct for outer space, which required countries to limit any activities that might create space debris. However, the International Code of Conduct for Outer Space Activities was never adopted. Perhaps it’s time for another treaty: one that explicitly forbids unnecessarily destroying a satellite in orbit, or launching a satellite without a responsible disposal plan in place.
Something else you may have noticed is the fact that these treaties don’t address crime by individuals. In a future article, we’ll take a closer look at what happens when an astronaut commits a crime in space.
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