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OUTER SPACE TREATY 1967

13th September, 2024

OUTER SPACE TREATY 1967

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Context:

The Polaris Dawn Mission led by SpaceX for commercial exploration of space has been criticised for breaking the Outer Space Treaty (OST) 1967.

About the Outer Space Treaty (1967)

  • It is an international law that regulates countries' exploration and use of outer space, including the Moon and other celestial bodies.
  • The OST was the outcome of the Cold War diplomacy.
      • It was formed during the period of intense rivalry between the United States and the Soviet Union for space utilisation.
      • The "space race" began with the Soviet Union launch of Sputnik in 1957 which raised global concerns about whether space could be ruled peacefully or become a new ground for conflict.
      • In this background, countries agreed to develop regulations for the peaceful use of space in 1967.
  • The Outer Space Treaty (OST) was signed by 115 countries, including India.

Key Highlights of the Outer Space Treaty (OST)

  • It allows the use of space, including celestial bodies such as the Moon, for peaceful purposes to avoid an arms race.
      • It forbids the deployment of nuclear or other weapons of mass destruction in orbit or on celestial bodies.
  • The agreement prevents any government from claiming ownership of outer space or celestial bodies, guaranteeing that space is a global common.
      • No government has exclusive rights to explore or use a particular region in space.
      • USA was the first country to reach on moon, but they can’t declare their authority over moon.
  • Countries are accountable for both governmental and non-governmental actions, they are liable for any damage caused by their launches.
  • The agreement designates astronauts as "envoys of mankind".
      • It requires governments to assist astronauts in trouble, regardless of nationality, and assist their safe return to their home country in the event of an emergency.
  • It highlights the need to conserve space ecosystems and avoid operations that could contaminate celestial bodies or the Earth's biosphere.

Challenges

  • Private space companies like SpaceX, Blue Origin, and Virgin Galactic are pushing space exploration with little government engagement.
      • Article VI of the OST compels governments to be accountable for their private space activity, but regulatory systems have not kept up.
  • The growing number of satellites and space missions has raised concerns about space debris.
  • As countries and corporations continue to dominate space, ensuring peaceful use and opposing militarization becomes increasingly important.
  • As companies evaluate the commercial viability of mining celestial bodies, the regulation on common space resources becomes more complex.
      • The treaty permits exploration, but it is uncertain if harvesting resources such as minerals violates the not taking ownership provision of the treaty.

Way Forward

  • Improving international coordination and establishing stronger criteria for debris reduction and removal may help to assure the long-term viability of space activities.
  • Setting global standards and coordinating systems could boost space traffic management efficiency.
  • As private enterprises prepare to harvest asteroids and other celestial bodies, authenticated limits on the ownership and use of space resources are essential.
  • Creating regulations for the preservation of celestial bodies can help to preserve their scientific and cultural value.
  • Updating the Outer Space Treaty to reflect new technology will ensure that space activities remain safe and sustainable.

Important Space Treaties

Committee on the Peaceful Uses of Outer Space (COPUOS, 1959): Established to promote international cooperation in space exploration and ensure space benefits all humanity.

Outer Space Treaty (1967): Prohibits the placement of nuclear weapons or any Weapons of Mass Destructions in outer space. It aims to prevent the arms race in space and maintain space as a domain for peaceful purposes.

Rescue Agreement (1968): Provides guidelines for rescuing astronauts and returning space objects, emphasizing international cooperation in emergencies.

Space Liability Convention (1972): It sets the processes for damage compensation that nations are responsible for if their space activities cause injury to other states or their properties, whether in space or on Earth.

Launch Registration Convention (1975): It mandates countries to provide the United Nations with a registry of objects launched into outer space to assist in space traffic management and debris mitigation.

Moon Agreement (1979): Prohibits military bases and weapon testing on the Moon, aiming to preserve its peaceful use.

  • India has signed but not ratified this agreement.

Artemis Accords (2020): It was developed by NASA to guide collaboration in space exploration.

Conclusion

The Outer Space Treaty is an international treaty that has peacefully protected space for more than 50 years and now must evolve to address new challenges in the modern space race.

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Source:

Indian Express

Wikipedia

Planetary

Britannica

PRACTICE QUESTION

Q.Discuss the limitations of the Outer Space Treaty's ability to regulate private commercial activities in space. What are the major gaps in the treaty that must be filled given recent advances in space exploration by commercial entities? (250 Words)