What Laws Govern Outer Space?

Have you ever looked up at a night sky and wondered what laws govern all that real estate in outer space?  The answer - outer space is governed by international law.  At least as far as there are no other intelligent life forms out there.  Between 1963 and 1979, the United Nations, oversaw the adoption of six international treaties creating space laws.  Most world powers, including the United States, United Kingdom, France, Germany, Japan, Russia, and China are signatories to the majority of the first five of these international treaties.  The second of these five treaties provides no country owns or controls outer space or any planet or celestial body therein. 

Moreover, every country launching space objects (i.e. satellites, space craft, space stations) into outer space are responsible for any damages they cause.  In addition to these treaties, the United Nations have adopted principles to supplement the five main treaties.  These treaties and principles are the mainstay of international space laws.

Before identifying those laws, we must define outer space. But, there is no universal definition of outer space.  Most scholars define outer space as the area outside of earth's atmosphere.  Treaties define outer space as the area 62 miles above seal level (a/k/a the Karman line) extending to infinity.  Some scholars further define the areas at or near the Karman line as near space. Regardless of how defined, both outer and near space are uninhabitable, being mostly populated by helium and hydrogen gases with an average temperature of -455° F. 

The first of the five treaties dealt with nuclear testing as a result of the cold war.  The Partial Nuclear Test Ban Treaty or PTBT was adopted in 1963.  The  PTBT prohibits the detonation of nuclear weapons in outer space, within the earths atmosphere, and under water.  Fears of radioactive fallout resulting from nuclear testing of hydrogen bombs during the 1950's prompted adoption of the PTBT.  Since detonation of atomic bombs underground does not involve radioactive fallout, it was not banned by the PTBT.  In 1992, the United Nations issued a supplemental principle governing the use of nuclear power in outer space.  The principle requires that space objects using nuclear power sources must keep the release of radioactivity due to operational or accidental circumstance below acceptable levels.

The “Outer Space Treaty”, or OST was adopted in 1967.  The OST forms the backbone of international space law.  Fears of intercontinental ballistic missiles or ICBM's traveling through outer space to reach targets in the 1960's prompted adoption of the OST.  Key provisions of the OST, include:

• prohibiting nuclear weapons in outer space.
• limiting the moon and other celestial bodies to peaceful uses.
• precluding all countries from claiming ownership of outer space.
• providing all countries can freely use and explore outer space.
• forbids military bases, testing weapons, military maneuvers in outer space. 
• renders countries responsible for damages caused by outer space activities.
• making astronauts envoys of all mankind.

Nothing within the OST precludes military space forces (US Space Force), or locating conventional weapons in outer space (i.e. Reagan's Star Wars).  In 1992, the United Nations issued a supplemental principle to the OST.  The key terms of the principle, allow underground exploration and mining upon celestial bodies, and require the return of all space objects to the country of origin.  The OST gave birth to all 3 of the remaining treaties governing space law.  

The "Rescue Agreement Treaty or RAT was adopted in 1967.  RAT was prompted by the increase in space travel by the United States and Russia.  The RAT requires every country who is signatory to rescue space travelers (not just astronauts) within their borders, and return space  objects to their country of origin.  The country of origin is responsible for the costs of recovering the space  objects but not the costs of rescuing space travelers. 

The Space Liability Treaty or SLT was adopted in 1972. The SLT arose out of growing concerns over damages caused by space  objects in both outer space and on earth.   Under the SLT, any country who launches a space object, regardless of ownership, is fully responsible for damages caused by the space object.  The only exception being where two or more countries work together to launch the space object.  The SLT limits the ability to file claims between countries, and prohibits individuals or companies from filing claims arising from damages due to space objects. 

The Registration Treaty or RT was adopted in 1974.    The RT was adopted due to growing concerns over the amount of objects in outer space.  Under the RT, every country must provide the United Nations with details surrounding each space object.  The details include,: identity of the launching country, date and location of the launch, registration number of the space object, location of the orbit, and general function of the space object.  Currently, there are approximately 12,000 space objects, registered with the United Nations, consisting mostly of dead or inactive satellites. 

As the number of objects launched into and occupying outer space continues to increase, their will be a need for additional laws.  However given the growing hostilities between the super powers, the likelihood of the cooperation required to adopt such laws is greatly diminished.  Even now, some countries are promoting the possibility of launching and maintaining nuclear weapons in outer space orbiting the earth.  This would be a blatant violation of existing space law, and render the possibility of expanding space law highly unlikely.