OUTER SPACE TREATY

Author: Monica R, Sastra Deemed University

ABSTRACT

In 1967, the United Nations accepted the treaty. All of the main spacefaring nations like UK, USA, Russia are among the 115 parties to the treaty as of 2024. Twenty-two more nations are signatories. The Outer Space Treaty contains a number of significant tenets that continue to direct space travel and utilization today.  

INTRODUCTION

Keeping space peaceful is the main goal of the Outer Space Treaty.  The Treaty state that space should be freely explored and utilized for  peaceful  purposes by all nations are among the main clauses. The legal framework that regulates operations carried out outside of Earth’s atmosphere is known as space law. Along with laws enacted by specific countries, it consists of a number of international accords, treaties, conventions, and resolutions created by institutions such as the United Nations. These rules address a wide range of topics, such as protecting the environment both on Earth and in space, establishing international cooperation, resolving disputes, astronaut rescue procedures, sharing information about space hazards, and using space technologies. Countries also pass their own legislation concerning space travel and exploration.


The Outer Space Treaty was examined by the Legal Subcommittee in 1966 and then accepted by the UN General Assembly (UNGA) in resolution 2222 (XXI) in 1967. The Outer Space Treaty contains a number of significant tenets that continue to direct space travel and utilization today. The U.N. Office of Outer Space Affairs claims that
outer space treaty works on the following prinicipls


1. That space exploration and use will be the domain of all people and will be done for the well and benefits of all nations;
2. that all governments would have unrestricted access to space for exploration and utilization;
that a nation cannot appropriate outer space by a claim to sovereignty, occupancy, usage, or any other method;
3. The Moon and other celestial planets must only be utilized for peaceful reasons; they cannot be used for military exercises, weapon testing, or the construction of military bases, facilities, or fortifications.
4. that astronauts will be considered humanity’s ambassadors;
5. that nations, whether they are run by governmental or non-governmental organizations, are in charge of their own national space operations;
6. that states will be held accountable for any harm their space objects create; and
States must refrain from contaminating space and celestial bodies in any way.


The Outer Space Treaty’s inception
Concerns over the use of nuclear weapons in space served as the impetus for the Outer Space Treaty. The Soviet Union and the US fought to create nuclear weapons and strong rockets during the Cold War, including testing nuclear bombs in space. This weapons race prompted the United Nations to start discussing ideas for an outer space arms control pact, which eventually resulted in the creation of the Outer Space pact.

OBJECTIVE OF THE TREATY
According to the Treaty, space exploration and usage must be done for the good of all nations in peaceful manner and be within the collective domain of all people. The construction of military facilities, installations, and fortifications, the testing of any kind of weapon, and the execution of military operations on celestial bodies are all prohibited. Use of nuclear weapons are prohibited.

ARTICLE 4
Article IV Participants in the Treaty agree not to launch any objects containing nuclear bombs in space. All States Parties to the Treaty agree to use the Moon and other celestial bodies only for peaceful purposes. It is prohibited to build military installations, bases, and fortifications; test weapons of any kind; and carry out military operations on celestial planets. It is not forbidden to utilize military troops for peaceful activities, such as scientific study. Additionally, it is not forbidden to employ any tools or facilities required for the peaceful exploration of the Moon and other celestial planets.

ARTICLE 5
According to Article V, States Parties to the Treaty must treat astronauts as human representatives in space and provide the utmost support in the case of an accident, emergency. Astronauts must return to their spacecraft’s state of registry as soon as possible after making such a landing. The astronauts of one State Party are required to provide every support to the astronauts of other States Parties when conducting operations in space and on celestial bodies.
Any phenomena discovered in space, including the Moon and other celestial bodies, that could endanger the lives or health of astronauts must be promptly reported by States Parties to the Treaty to the other States Parties or the UN Secretary-General.

ARTICLE 6
Article VI declares Parties to the Treaty will be held internationally accountable for national activities in space, including the Moon and other celestial bodies, whether they are conducted by governmental or non-governmental organizations. They will also be responsible for ensuring that national activities are conducted in accordance with the provisions outlined in the current Treaty. The relevant State Party to the Treaty must authorize and continuously oversee the operations of non-governmental organizations in outer space, including the Moon and other celestial bodies. When an international organization conducts operations in outer space, including the Moon and other celestial bodies, liability for adherence to this Treaty rests on both the international organization and the Treaty’s participating States Parties.

ARTICLE 9
According to Article IX, States Parties to the Treaty shall conduct all of their activities in outer space, including the Moon and other celestial bodies, in alignment with the other member states. They shall also be guided by the principle of cooperation and mutual assistance in their exploration and use of outer space, including the Moon and other celestial bodies. The Treaty’s signatories are required to perform research on space, including the Moon and other celestial bodies, and investigation of them in order to prevent their damaging contamination and unfavorable alterations in the Earth’s environment brought about by the entry of alien stuff, and when required, to take the necessary actions for this goal.

ARTICLE  11
States Parties to the Treaty agree to notify the UN Secretary-General, the general public, and the international scientific community, as much as is practical and feasible, about the nature, conduct, and locations of any activities they undertake in outer space, including the Moon and other celestial bodies. the outcomes of such endeavours. The United Nations Secretary-General should be ready to promptly and efficiently distribute the information upon receiving it.

According to the Treaty, representatives of other States Parties are permitted to visit all stations, installations, equipment, and spacecraft on the Moon and other celestial bodies on a reciprocal basis. These representatives must provide adequate advance notice of their intended visit so that suitable consultations can take place and that the necessary safety measures can be taken without interfering with the facility’s regular operations.

ARTICLE 12
Article XII Representatives of other States Parties shall have access to all stations, facilities, machinery, and spacecraft on the moon and other celestial bodies.

In order to ensure safety and prevent disruptions to regular operations at the facility to be visited, these representatives must provide a fair amount of prior notice of a planned visit. This allows for the holding of pertinent discussions and the implementation of the necessary safety measures.

FUNDAMENTAL DOCUMENT
Since 1967, space operations have changed significantly. Nonetheless, the Outer Space Treaty, like many founding treaties, still serves as a guide for how international space law responds to emerging issues including the expansion of commercial space operations, interest in mining celestial bodies, the removal of orbital trash, and more.

In order to address certain facets of space operations and offer more legal frameworks for outer space administration, a number of other treaties and accords have expanded upon the framework established by the Outer Space Treaty.

DISADVANTAGES
The increasing contamination of outer space by trash that remains in orbit indefinitely is a new space usage challenge. Up to 170 million pieces of debris may be circling the Earth right now, according to the Federation of American Scientists, which might endanger future space travel that starts on Earth. Future missions are hampered by the increasing amount of space junk in low-Earth orbit, which makes tracking and management difficult. Furthermore, the probability of collisions between these orbital fragments grows with the volume of space junk.

INTERNATIONAL COLLARBORATIVE PROJECTS
To regulate contributions, obligations, and intellectual property rights among countries taking part in collaborative projects such as the International Space Station, complex legal agreements are needed.

INTELLECTUAL PROPERTY RIGHTS
In order to promote innovation, legal frameworks protecting intellectual property rights resulting from space exploration and research must be developed.

GLOBAL GOVERNANCE SYSTEM
As countries work toward ambitious space goals, effective global governance systems are required. Harmonizing legal standards and guaranteeing a calm and cooperative space environment depend heavily on international collaboration, agreements, and conferences

COMPLIANCE MECHANISM
When an international organization conducts operations in space, both the international organization and the Treaty’s participating States Parties are responsible for adhering to this agreement during the activity. This Treaty has no particular compliance measures.

INDIAN SPACE LAW
India currently has a very limited legislative framework pertaining to space exploration. Although laws such as the National Remote Sensing Centre (NRSC) Guidelines of 2011 and the Indian Space Research Organisation (ISRO) Act of 1969 exist, they provide little control over operations pertaining to space.

In the past, India’s space sector has been strictly regulated, directly supervised by prominent individuals, and even run from the prime minister’s office. Even while this centralized strategy has produced notable results, including ISRO’s outstanding space technological accomplishments, as India advances towards privatization, there is an increasing demand for specific space legislation.

The policy for satellite communication, or SATCOM: This program was first introduced in 1997 with the goals of promoting private investment, improving satellite communication, and expanding launch capabilities. But it was judged inadequate, and as a result, standards, rules, and processes were developed.

NORMS, GUIDELINES, AND PROCEDURE (SATCOM) POLICY, 2000: These rules specify how private Indian businesses with less than 74% foreign ownership can build up satellite systems, including how to use the INSAT satellite system.

REMOTE DATA SENSING POLICY, 2011: This policy permits private users to transfer high-resolution imaging services, with the exception of sensitive imagery data. It seeks to allow for developing operations in the remote sensing field.

ISRO TECHNOLOGY TRANSFER POLICY: This policy is intended to increase private involvement and investment by allowing national and foreign businesses to manufacture satellite components and other space-related technology, freeing ISRO to concentrate on research and development.


CONCLUSION

Addressing the potential and problems in space exploration requires coordinated efforts, which include establishing international standards, encouraging collaboration, acknowledging intellectual property rights, and conducting research in a logical manner. India has a big say in how space governance and diplomacy are shaped going forward on the international scene thanks to its developing space capabilities.


SOURCE

https://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties/outerspacetreaty.html

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