3.1 The Outer Space Treaty

The Outer Space Treaty (OST), or the ‘Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (1967)’, was developed at the United National (UN) General Assembly to outline the responsibilities and liabilities of ‘states parties’ engaged in the exploration or use of space.

Watch Video 5, which shows the signing of the OST within the White House in the USA. 

At the time of its signing, there were only two major players involved in space, the USA and the USSR (succeeded by the Russian Federation) and some of the motivation for the OST came from their desire to explore options for using space for military purposes (e.g., nuclear weapons and intelligence gathering), however many states viewed signing of the OST as a way of achieving international cooperation in space and as of May 2025, 116 States, including the United Kingdom, China, and the United States, had signed the Treaty. 

Importantly, states are responsible for ensuring that their space activities, including those of government and non-governmental actors, adhere to the Treaty. This means that states are responsible for the actions of commercial entities operating within their borders.

The OST was developed and is overseen by the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS). In the next videos (Videos 6 and 7) you will learn more about COPUOUS and the Outer Space Treaty.

Download this video clip.Video player: Video 6 Niklas Hedman explains COPUOUS.

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Transcript: Video 6 Niklas Hedman explains COPUOUS.

Niklas Hedman

COPUOS is the prime forum in the United Nations discussing the exploration and peaceful uses of outer space. Through all the space law instruments, the five treaties on outer space and other instruments have been developed and adopted by that intergovernmental body.

And I would like to add that Coopers was founded in 1958 and today it has 102 states members.

End transcript: Video 6 Niklas Hedman explains COPUOUS.

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Video 6 Niklas Hedman explains COPUOUS.

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Transcript: Video 7 Does space need laws

NARRATOR

Space-- the final frontier, perhaps, but not a lawless frontier. So why do we need rules in space? And who gets to decide what they are and how they're enforced? The Outer Space Treaty of 1967 states that the exploration and use of space should be for the benefit of all humankind.

At the time, it was really a two-horse race between the US and the Soviet Union. But it has since become a pretty crowded field that includes many nations and the private sector too. So what stops the most powerful nations from claiming territory in space? What prevents big business from exploiting space resources for profit? And how do we keep space peaceful, safe, and open to all?

As we've continued to venture beyond Earth, these questions have become increasingly important. And new laws have been introduced to answer them. Over 100 countries have agreed to rules on issues like how best to protect astronauts and how to ensure satellites work properly. They've taken measures to prevent contamination of celestial bodies. And they've even thought about how we should be using the valuable resources found in space.

As with any system, this one doesn't always work perfectly. We've littered Earth's orbit with dangerous space junk, for instance. Satellites aren't always properly registered. And militaries have already tested weapons in space. Enforcing the rules can be a challenge. There are no space police. Like all international law, it's a voluntary process. And enforcement is largely a matter of political pressure.

Most of the time, though, the rules do work. Space-based activities are always complex. And so to be successful, they often demand global cooperation and coordination. That means following the rules is in everyone's best interest, especially private companies, since a stable, rules-based environment is good for business. But since we're continually progressing into new and more ambitious activities in space, the rules need to be constantly reviewed and updated.

Key questions that need to be addressed include, how do we make sure the rules are followed? Who gets to make them? And how do we make the rules fair? Space lawyers are grappling with all this at places like the UN Committee on the Peaceful Uses of Outer Space. But these aren't just questions for them. If the exploration and use of space is to be truly beneficial for everyone, then we all need to be in on the debate.

Astrobiology OU is working on this. But we can't do it alone.

[INTRIGUING MUSIC]

 

End transcript: Video 7 Does space need laws

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Video 7 Does space need laws

The OST contains a number of Articles (sections) relating to different aspects of the use of space, but Article IX provides the legal basis for principles around Planetary Protection. Every state then organises their governance and implementation of planetary protection in a different way. For example, in the United Kingdom, the government established a Planetary Protection Advisory Panel (PPAP), which works with the UK Space Agency, the Civil Aviation Authority (CAA), and academic experts to ensure that UK-licensed space missions adhere to the principles of planetary protection.

Internationally, planetary protection is overseen by the Committee on Space Research (COSPAR) Panel on Planetary Protection.