Quick Read |Outer space treaty,1967

By Roshani Chaudhary, a student of University of Rajasthan, Five year law college, Jaipur

Introduction:

The outer space treaty 1967 governs the space exploration and strictly states that the outer space should be used for peaceful purposes. It prohibits the placing of weapons and causing the mass destruction. It is majorly based upon the declaration of legal principles which strictly governs the activities of the states during the usage of the outer space and ensures that the usage is done for the peaceful purpose.

The outer space treaty, 1967 was adpted by the general assembly during the resolution 1962. It came into force in October 1962 after getting signed by three depository governments which were United kingdom, United States of America and Russian federation. This treaty laid down the basic regullarions for the space actitvies and established a regulatory framework for the legal regime of outer space and celestial bodies. Around 100 countries are the part of this treaty. The main purpose of this treaty is to ensure that the outer space should be used for the lawful purposes and it should not cause any destruction.

The space exploration should be done but with all the precautions and prevent any use of weapons in outer space or on any celestial body. The outer space should be utilised for gaining benefits not for causing nuisance. The treaty aims to provide a legal framework for international corporation in the outer space.

The key principles of the Outer space treaty,1967

The outer space treaty, 1967 follows certain principles like

1. The use of the outer space should be done for the benefit of the states. The exploration should include in the interest of the countries
2. The outer space should be free for all the states and can be used by all the states without any limitations
3. The outer space is not subject of any national appropriation by claim of sovereignty, by occupation or by any other means
4. The stars are not allowed to place any weapons like nuclear weapons on any celestial body or station them in outer space by any other means. This is strictly prohibited according to the outer space treaty and this is the main purpose of the treaty.
5. The moon or any celestial bodies can’t be used for testing the weapons or any installations in the outer space..the outer space can’t be used for conducting military maneuvers.
6. The main responsibility will be on the states for any national space actitvies whether it is done by any government authority or non governmental organisations.
7. If any damage happens, then the states will be half liable for the dmages. It’s their duty to prevent any damage in the outer space.
8. The dusty of the states also includes to prevent any harmful contamination of space or any celestial body.

Provisions of the Outer space treaty, 1967

The outer space treaty includes 17 articles and all are explained below:

Article I:

This article explains that the outer space should be used for the peaceful purposes only and no destruction should be caused by the states. The space exploration should be free and every state will be allowed to do the exploration. The exploration should be based on the benefits and interests of the countries. The freedom of the pace exploration is provided to all the states and no discrimination is done on the basis of any parameters. And this freedom encourages the international corporation in space exploration.

Article II:

This article states that the outer space including moon or any celestial body is not subjected to any national appropriation by claim of sovereignty, by claim of use or by any other use.

Article III:

This article explains the states which carries out the space activities including the investigation of outer space should work according to the international law. No violation of the laws will be tolerated and it is the duty of the state to work within the limits. The states are responsible for maintaining international peace and security.

Article IV:

This article explains that the use of any weapons like nuclear weapons can’t be installed in the orbits, outer space including moon or any celestial body. No such activities will be allowed which violates the peaceful purpose of the space exploration. The establishment of the military bases, testing of any weapons are strictly prohibited according to the outer space treaty, 1967.

Article V:

This article explains that the states involves in the space activities are responsible to regard astronauts as envoy of mankind in outer space. And render all the possible assistance during any unfortunate incidents like accidents, mental distress, emergancy landing on the territory of the other states etc. It is the duty of the states parties to take responsibility of the astronauts while emergency landing and make sure that they land safely and should return to their state safe and sound.

Article VI:

This article explains that the state parties bears the international responsibility for the national activities done in outer space. They have to bear all the damages done by the governmental authority or non governmental organisations. The activities done by non-governmental organisation require authorization and the continuing supervision by the state parties. The states parties are responsible for the international security and protection. It’s their duty to prevent any damage during space exploration.

Article VII:

This article explains that the each state party who launches the object into the outer space and each state party from whose the territory an object is launched is liable for the damage to the another state.

Article VIII:

This article states that the state party on whose the registry an object is launched into outer space shall retain the jurisdiction and the control over such objects.

Article IX:

This article states that during the space exploration, it is necessary for the state parties to maintain the principle of operational and mutual assistance. And conduct all the space actitvies corresponding to the interest of all the state parties. The space activities should not involve any harmful contamination and any adverse changes in the environment of the earch which results in the extraterrestrial matter. If any state party believes that the activities done by another state party can cause harmful effect during the exploration then they can request for the consultation regarding the concerned activities.

Article X:

This article explains that the international corporation has to be maintained by the state parties. The state party to the treaty can consider any request by the the another state party to the treaty to observe the flight of the space objects. This nature determine the agreement between the states concerned.

Article XI:

This article states that in order to promote the international corporation, the state parties to the treaty which are going to conduct space exploration in outer space including moon or any celestial body have to inform the Secreary general of the United Nations as well as the public and international scientific community about the nature, location, conduct, results etc.

Article XII:

This article states that all the stations, installations, space vehicles on the moon or any other celestial body are open to representative of the other state parties on the basis of reciprocity. Such resprentatives need to give notice for the projected visits so that maximus time can be accommodated for the consultations and other formalities.

Article XIII:

This article explains that whether the space activities are done by single state party or jointly and the exploration has to be done within the framework of the international intergovernmental organisations.

Article XIV:

This article deals with the ratification and depository of the instrument. The outer space treaty shall be registered by the depository governments prusuant to the article 102 of the Charter of United Nations.

Article XV:

This article deals with the amenda proposed by the state parties to the treaty.

Article XVI:

This article states that any state party to the treaty may give the notice of their withdrawal from the treaty 1 year after its entry. Such withdrawal can be done after the 1 year of the receipt of the notification.

Article XVII:

This article states that the duly certified copies of the treaty shall be transmitted by the depository government.

Limitations of the Outer space treaty,1967:

1. It doesn’t include private players: The Indian space programs are now including private companies but this treaty involves only countries not private ones.
2. vulnerability of the space assets: From the period of cold war, the use of space for both military and civilian purposes have been increased. These assets got vulnerable after the emergence of anti Satellite weapons. This treaty doesn’t include any protection of the assets in space.
3. Doesnot offer any precise definition of fault: As stated in the treaty that the damages done by the nation has to beared by the nation only. But the damages done by the debris could be the responsibility of the home nation.
4. Escalation of pollution in outer space: The activities done in outer space creates pollution and created debris in the orbits which can create problems in future.

Way forward to Outer space treaty,1967:

The outer space treaty sounds perfect but there are limitations in every thing so this also consist some limitations but it can be overcomed by some changes and regulations. If is the duty of the international community that appropriate measurea should be taken to ensure the protection and security of the outer space.

“We are at a point where a proper attention to space may be absolutely crucial in bringing the world altogether”