STRENGTH &

WEAKNESSES
Treaty on Principles Governing the
Activities of States in the Exploration
and Use of Outer Space, including the
Moon and Other Celestial Bodies
Resolution 2222 (XXI)
Outer Space Treaty
 WEAKNES
STRENGTH
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 STRENGTH
Preserve the outer space, prevent it from being manipulated by one State only.

Rather than a treaty solely about space exploration and human spaceflight, the treaty was
principally developed with international peace and security in mind

According to many international law experts, the fundamental provisions of treaty are so well-
observed and respected that they exist as an entirely different set of legal rules, outside of the
textual treaty, as customary international law. 2And, as customary international law, the Outer
Space Treaty reflects rules that bind even those states who are not formal parties to the treaty itself.

this is a treaty on principles (the word is even in the title), and is therefore clearly intended to be
neither exhaustive nor comprehensive.

he subsequent UN treaties on space developed were envisioned to expand, refne, and clarify
provisions of the Outer Space Treaty

he current absence of nuclear weapons or other weapons of mass destruction in outer space attests
to the bargain struck in the Outer Space Treaty being a successful one, where security (and the
liberty and freedom possible with security) were furthered by the mutual exchange of restrictions
that states placed upon themselves.
ore than 50 years of peaceful uses of outer space, including cooperation between states who remain
rivals elsewhere, are the rich long-term gains resulting from the Outer Space Treaty..
 WEAKNESSES
Article IV
The Treaty does not prohibit the placement of
conventional weaponsin orbit, hence, some highly
destructive attack strategies such as
kinetic bombardmentare still potentially allowable
Insufficient rules
detailed rules in regulating the conducts and liability of
each state, hence, leads to the formation of new
treaties
Eg. The Rescue Agreement of 1968, The Space Liability
Convention of 1972, The Registration Convention of
1976, The Moon Treaty of 1979
 Where the OST falls down is in non-WMD type
weapons - notably ASAT capabilities, and
directed-energy / cyber-attack type weapons
for use against satellites.
OST also prohibits states from claiming
territorial control of the Moon and other
bodies. This is likely to be challenged in two
ways. Firstly, we have no way to enforce this
provision - there is nothing to stop a Chinese
mission to the Moon in the late 2020s or early
2030s claiming control of resource rich terrain
 Boundary disputes and property rights.For the
moment, the Outer Space Treaty says that space and
celestial bodies cannot be claimed by other nations,
but it is unclear how these provisions would apply to
private companies. The U.S. Commercial Space Launch
Competitiveness Act (see above) does not allow for
territorial claims. But with nations talking about landing
on places such as the moon and Mars, it is unclear how
the exploitation rights and the property rights would
work in the case of adjacent colonies. Some suggest
that Antarctica, a territory owned by no nation and
used mainly for scientifc purposes, could be a model to
follow but not everyone agrees.
 Weapons in space.Perhaps the most
famous effort at putting weapons into space
was the United States'
Strategic Defense Initiative , sometimes
nicknamed "Star Wars." President Ronald
Reagan frst announced it in 1983 by. Parts of
the system were tested on Earth, but it was
never completed. The concern was that the
portions of the system with space weapons
would violate the Outer Space Treaty.