14
International Space Law
O
uter space is governed by an international legal framework consisting of five core agreements: The 1967 Outer Space Treaty, the 1968 Rescue and Return Agreement, the 1972 Liability Convention, the 1975 Registration Convention, and the 1979 Moon Agreement.44 Of these, the Outer Space Treaty (OST) is often considered the most important, establishing the fundamental rules governing space activity.45 Table 1: International Legal Framework46 Treaty
Date
Total Parties
Total Signatories
Outer Space Treaty
1967
110
23
Rescue and Return Agreement
1968
96
23
Liability Convention
1972
95
19
Registration Convention
1975
67
3
Moon Agreement
1979
18
4
For decades, states have considered outer space as res communis omnium, open to all states and not subject to national appropriation.47 Space is “owned by none, no one can colonize it, but everyone can fish in it”.48 Articles I and II of the OST enshrine this fundamental principle. Article I of the OST states that outer space should free for exploration and use by all countries, with free access to all areas of celestial bodies.49 This article clearly establishes space as the “province of all humankind”, in which emerging actors have the same rights to explore and use outer space for peaceful purposes as more established space nations.50 Article I of the OST provides that outer space is explored and used “for the benefit and in the interest of all countries”. It remains unclear whether Article I’s understanding of benefit-sharing refers to monetary compensation, or the transferal and sharing of technological knowledge, or if it simply refers to the non-harmful use of outer space.51 The phrase "province of humankind" in Article I as a principle does not expressly prevent individual access, and has been suggested to mean responsibility, control or management over an area, rather than appropriation and property. 52 This has
44
Pershing (2019). Pershing (2019). McClintock, Bruce, Katie Feistel, Douglas C. Ligor, Kathryn O’Connor (2021) Responsible Space Behavior for the New Space Era: Preserving the Province of Humanity. RAND Corporation. https://www.rand.org/pubs/perspectives/PEA887-2.html 47 Rathore, Ekta & Gupta, Biswanath (2020) Emergence of Jus Cogens Principles in Outer Space Law The International Journal of Space Politics & Policy 18(1), 1-21. https://www.tandfonline.com/doi/full/10.1080/14777622.2020.1723353 48 Frans von der Dunk, cited Rathore & Gupta (2020). 49 United Nations (1967) Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies. RES 2222 (XXI). https://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties/introouterspacetreaty.html 50 Secure World Foundation (2017) Handbook for New Actors in Space. Ed. Christopher Johnson.https://swfound.org/handbook/ 51 Ferreira-Snyman (2021). 52 Ferreira-Snyman (2021); Rathore & Gupta (2020). 45 46
EQUITABLE ACCESS TO SPACE
INTERPLANETARY INITIATIVE
