Current General Studies Magazine (September 2016)
General Studies - III "Science and Technology Based
Article" (Outer Space Treaty: 50 years later)
Space has always been the final frontier for human knowledge
and imagination. From conspiracies of alien life to the possible creation of
sustainable habitats and colonies on Mars, the possibilities remain boundless.
But from a geopolitical perspective, Space is increasingly becoming an essential
modality of State Power and Sovereignty. From the Space Race that began with the
Cold War to the integration of cyber networks and outer space for the
socio-economic advancement of individual nation states today, there is a need to
re-engage with our traditional epistemological understanding of Outer Space. The
launch of Sputnik in 1957 was one of the most significant movements towards
exploring what lies beyond the terrestrial horizon. The Space Race which ensued
as a result escalated quickly, as both the US and USSR attempted to demonstrate
their technological prowess in this unchartered domain. A stable framework to
govern Space related activities and their usage was the need of the hour and the
United Nations formed a Committee on the Peaceful Uses of Outer Space to address
the issue. Today, 27 January 2017, marks the 50th anniversary of one of the most
fundamental foundational frameworks governing Outer Space, namely the Treaty on
Principles Governing the Activities of States in the Exploration and Use of
Outer Space, including the Moon and Other Celestial Bodies, or the Outer Space
Treaty (OST) for short. This commentary attempts to look back at the creation of
the OST and examine it within the context of the current challenges it faces
The Outer Space Treaty was opened for signature on 27 January
1967 and came into force in October that year. It was done in triplicate in
London, Moscow and Washington D.C. and had 62 signatories in the first year.
That number has increased to 104 today. “These include major space powers like
the US, Russia, China, Japan and the European members of the European Space
Agency (ESA), as well as emerging space powers like Brazil and India.” The
United Nations Committee on the Peaceful Uses of Outer Space (COPUOS) was the
primary body in charge of negotiating the treaty. COPUOS was established post
the launch of Sputnik and OST was the first binding legal instrument for the
management and governance of outer space that came into force. The treaty itself
draws on several previous United Nations General Assembly resolutions, primarily
Resolution 1962 (XVIII) regarding the “Declaration of Legal Principles Governing
the Activities of States in the Exploration and Use of Outer Space,” which was
adopted on 13 December 1963, and Resolution 1884 (XVIII) which called upon
States to “refrain from placing in orbit around the Earth any objects carrying
nuclear weapons or any other kinds of weapons of mass destruction.” There have
been four more major treaties dealing with Outer Space that have been signed
1. The Rescue Agreement.
2. The Liability Convention.
3. The Registration Convention.
4. The Moon Treaty.
Yet, the Outer Space Treaty remains as one of the primary documents governing
the control of Outer Space. The other four agreements served to elaborate and
further clarify the OST while also providing legally enforceable measures
regarding the violation of any of the OST’s articles.
Details of the Treaty
The spectrum of Space and its relation to State Power and
Sovereignty has shifted over the years. But as unchartered real estate, Space
holds the answers to many of our dilemmas and terrestrial limitations. This
boundless expanse provides both an opportunity as well as a threat to the
sovereign interests of Nation States. Given the profitability of enterprises
such as asteroid mining and satellite exploration, if uncontrolled, the Space
Race could lead to an apocalyptic extension of the geopolitical bid for power
into the realms of Outer Space. The ideological power struggle of the age when
the treaty was signed was a classic example of the interspersing of geopolitics
and space exploration. The OST, therefore, served as a necessary mechanism aimed
at preventing escalatory conflict. The need for establishing Space Law was to
ensure the “non-appropriation of Outer Space by any one country.” It was an
attempt to establish Space as a Global Commons of sorts, for the benefit of all
of mankind. Given the technological proliferation that has taken place since the
establishment of the treaty, and the increased conflation of Critical
Infrastructure/Cybernetworks and Space Technology, the OST has become more
relevant than ever. There is a need to re-examine the treaty and contemporize it
to deal with current challenges.
While most analysts believe that the document is an excellent tool to
maintain the status quo for the time being, Article IV remains a major bone of
contention. The dual use of Space technologies – particularly missile guiding
satellites – can be attributed to the loopholes that can be seen in the phrasing
of the treaty. Article IV requires that signatory parties, in their own
a. Prevent the Placement of Weapons of Mass Destruction (WMD) in outer space;
b. Prevent the Attack of a Nation’s Satellites/Critical Infrastructure;
c. Prevent the establishment of military bases, installations, and
The article bans the deployment of military technology, but a
later clause suggests that military technology can be used for research
purposes. What needs to be remembered is that the clause and the treaty as a
whole were attempting to counter what we now consider a 20th century threat.
With the emergence of Ballistic Missile Defence systems, asymmetric warfare,
cybermilitary operations and information warfare, traditional modes of war are
increasingly becoming obsolete and, to counter the threat of a digital war, the
Treaties governing the digital world need to be contemporized as well.
The Treaty Today
Analysts remain divided in their opinion regarding the OST.
Some believe that it is the cornerstone of successful diplomatic negotiation,
and that treaties in the modern age should follow some of the underlying
principles and strategies used by the US and USSR to effect compromise. Others,
examining it from the perspective of realpolitik, believe that certain sections
of the document, particularly Article IV, need to be re-evaluated. Issues that
crop up include the vagueness of its lexicon, the lack of definition of its
terms and its inadequacy to envision and subsequently cope with concurrent
challenges. In the 50 years since its establishment, the OST has been witness to
several technological, military and critical infrastructure advancements. Issues
such as the privatization of space exploration, the dangers of excessive
satellite debris, the utilization of satellite technology for unethical breaches
of privacy, the emergence of Quantum Physics, Quantum Mechanics and Quantum
Computing; all pose tremendous challenges to our understanding of Space today.
While the OST does deal with some of these issues, there is a need to rework the
treaty and contemporize it to deal more directly with issues of the current era.
The possibilities of space exploration are boundless but there remains a need to
cultivate and establish a stable and well defined framework that can help with
conflict de-escalation and crisis resolution. Perhaps 50 years later, it is time
to revisit the treaty and equip it to deal with the unique challenges posed by
the interconnected postmodern globalized world we live in.
(Source - IDSA)