Outer Space - Legal Status

Legal Status

The Outer Space Treaty provides the basic framework for international space law. It covers the legal use of outer space by nation states, and includes in its definition of outer space the Moon and other celestial bodies. The treaty states that outer space is free for all nation states to explore and is not subject to claims of national sovereignty. It also prohibits the deployment of nuclear weapons in outer space. The treaty was passed by the United Nations General Assembly in 1963 and signed in 1967 by the USSR, the United States of America and the United Kingdom. As of January 1, 2008 the treaty has been ratified by 98 states and signed by an additional 27 states.

Beginning in 1958, outer space has been the subject of multiple resolutions by the United Nations General Assembly. Of these, more than 50 have been concerning the international co-operation in the peaceful uses of outer space and preventing an arms race in space. Four additional space law treaties have been negotiated and drafted by the UN's Committee on the Peaceful Uses of Outer Space. Still, there remains no legal prohibition against deploying conventional weapons in space, and anti-satellite weapons have been successfully tested by the US, USSR and China. The 1979 Moon Treaty turned the jurisdiction of all heavenly bodies (including the orbits around such bodies) over to the international community. However, this treaty has not been ratified by any nation that currently practices manned spaceflight.

In 1976 eight equatorial states (Ecuador, Colombia, Brazil, Congo, Zaire, Uganda, Kenya, and Indonesia) met in Bogotá, Colombia. They made the "Declaration of the First Meeting of Equatorial Countries," also known as "the Bogotá Declaration", where they made a claim to control the segment of the geosyncronous orbital path corresponding to each country. These claims are not internationally accepted.