Astropolitics I: Space Law

By Oliver Hegglin, Junior Fellow

24 June, 2025

Mankind took its first steps into a new frontier in the 1950s and 60s, when at the height of the Cold War, the USA and the Soviet Union, ventured into outer space in an effort to gain a tactical, strategic and reputational edge over the other. Preceded by the first satellite, the USSR’s Sputnik 1, and the first living being, a Soviet dog named Laika, in 1957, the 1960s saw the first human, Soviet cosmonaut Yuri Gagarin, travel to space in 1961, and eight years later, American astronaut Neil Armstrong stepped on the Moon.

Spurred by an increasing interest in space and the inevitability of other countries making the leap as well, the United Nations (UN) in 1967 adopted the Outer Space Treaty (OST), the first in a series of Cold War era international space laws, much of which has become inadequate for the 21st century. The UN has been the primary facilitator of astropolitics and space governance, with this treaty being initially ratified by 63 member States. And while these international agreements have been able to fulfil the initial need for legal frameworks in space, new actors, technological advancements, commercial use, and increasing militarization have outpaced the ability of states to agree on further arrangement. This has resulted in a gap and challenges that must be addressed to continue ensuring a safe and mutually beneficial use of space.

The United Nations

Five international treaties currently exist overseeing human activity in space. These are overseen by the UN’s Committee on the Peaceful Uses of Outer Space (COPUOS), brought into being by the UN General Assembly in 1959 with the purpose to govern space activity to ensure it benefits all of humanity. COPUOS is under the United Nations Office for Outer Space Affairs (OOSA), established in 1958 with the purpose of helping countries develop legal, technical and political infrastructure to aid in their activities in space. In other words, the UN helps states build their national space policies in line with global space governance.

Along with the five international treaties, COPUOS also created five declarations and principles to keep up with rapid technological developments and the increased use of space. In so doing, COPUOS remains the primary forum through which the international community establishes space governance. By providing a universal platform in which non-space faring countries are included, the UN helps steer astropolitics in a way that seek to ensure space activity is directed along a universally beneficial path for all countries and humanity as a species.

The Five Treaties on Outer Space

The foundation of international space law, laying out the guidelines for space exploration and operation – the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies – the Outer Space Treaty (United Nations General Assembly [UNGA] Resolution 2222), declares:

• the exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind;
• outer space shall be free for exploration and use by all States;
• outer space is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means;
• States shall not place nuclear weapons or other weapons of mass destruction in orbit or on celestial bodies or station them in outer space in any other manner;
• the Moon and other celestial bodies shall be used exclusively for peaceful purposes;
• astronauts shall be regarded as the envoys of mankind;
• States shall be responsible for national space activities whether carried out by governmental or non-governmental entities;
• States shall be liable for damage caused by their space objects; and
• States shall avoid harmful contamination of space and celestial bodies.

As of May 2025, 116 countries have ratified the OST, including the USA and Russia.

UNGA Resolution 2345, the 1968 Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched into Outer Space, otherwise known as the ‘Rescue Agreement’ (100 ratifications, May 2025) demands that signatories take all actions possible to rescue any astronauts in distress and return them to their home nations, as well as return to their nation of origin any object from that nation landing outside said nation.

In UNGA Resolution 2777, the 1972 ‘Liability Agreement’, otherwise the Convention on International Liability for Damage Caused by Space Objects (100 ratifications, May 2025), makes signatories fully responsible for damages caused by their space objects, and agree to procedures for damage claims.

1974’s Convention on Registration of Objects Launched into Outer Space, also the ‘Registration Convention’ (UNGA Resolution 3235, 76 ratifications, May 2025) requires signatories to register each objects it launches and inform the UN Secretary-General of such registries, who is responsible for maintaining said registry.

The so-called ‘Moon Agreement’, more formally the 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, passed by the UNGA in Resolution 34/68 (17 ratifications, May 2025), declares that celestial bodies be only used for peaceful purposes. It also specifically states that if mining on the Moon were to become feasible, then an international regime is to be created to determine how the mined material is obtained and used. Of all the five agreements, this is the only one not ratified by the USA, Russia, and China – the main space actors.

The Five Declarations and Legal Principles

In addition to the five Treaties on Outer Space, a series of legal principles and declarations applicable to countries as well as the private sector were introduced. Notably, the country in which a private entity is based is legally responsible for that enterprise’s actions. These agreements cover emerging technologies as a consequence of space use, something not normally seen in a treaty. Preceded by the 1964 Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space (UNGA Resolution 1962), which laid out the foundation on which the OST is based, from 1982 to 1996, four such Resolutions were passed by the UNGA, followed by two more in the 2000s designed to function in tandem with the above-mentioned treaties:

• The 1982 Principles Governing the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting (UNGA Resolution 37/92), lays out how countries should use satellites for international broadcasting for, addressing potential “political, economic, and cultural” implications.
• The 1986 Principles Relating to Remote Sensing of the Earth from Outer Space (UNGA Resolution 41/65), guides space-based remote sensing of Earth to improve natural resources management, land use, and environmental protection.
• The 1992 Principles Relevant to the Use of Nuclear Power Sources In Outer Space (UNGA Resolution 47/68) guides the safe use of nuclear power in space.
• The 1996 Declaration on International Cooperation in the Exploration and Use of Outer Space for the Benefit and in the Interest of All States, Taking into Particular Account the Need of Developing Countries (UNGA Resolution 51/122), concerns the exploration and use of outer space in ways that should benefit all countries.
• The 2007 Space Debris Mitigation Guidelines of the Committee on the Peaceful Uses of Outer Space, endorsed by the UNGA in Resolution 62/17) regulate spacecraft design, operation and disposal to minimize space debris.
• The 2009 Safety Framework for Nuclear Power Source Applications in Outer Space, published jointly by COPUOS and the International Atomic Energy Agency, details best practices to safely use nuclear power in space operations, from the launch phase to disposal.

The Declaration of Legal Principles and subsequent four documents from 1982 to 1996, are known as the Five Declarations and Legal Principles. A new document on the exploration, exploitation and use of space resources, including minerals, water, and oxygen, is currently under negotiation. With the rapidly increasing operation in Space by private companies however, the gap between established space law and space operations is growing, leading to a spread of challenges to close these gaps.

Challenges

Negotiating, drafting, voting – the process for creating treaties takes time. And with states generally operating freely in space, introducing additional consensus-based regulations will be a challenge. Space-faring countries, especially large powers such as the USA, Russia and China, are likely to resist restrictions arguing national interest. As time goes on, the amount and depth of challenges will grow, making it more difficult for existing agreements to remain relevant. These challenges can be divided into the following fields:

Politics:

• There is no enforcement mechanism, no central authority, on space law.
• Ambiguous language in existing documents requires precision and clarification of terminology.
• Some treaties have limited ratifications, leading to ineffectiveness.
• An inconsistent and fragmented legal landscape due to states establishing their own framework based on UN guidelines separately.
• No multilateral agreements since the 1970s due to impasses between actors, instead being replaced by non-binding norms.

Safety and Security:

• Military activities -in- space are already limited, however the military use -of- space is not.
• Earth’s upper atmosphere is becoming increasingly populated by millions of pieces of debris and over 10,000 satellites, requiring mitigation strategies and liability frameworks for safety. There exists no universal space traffic rules nor standardized procedures for collision-prevention.

Private Sector:

• Open questions concerning the regulation and liability of private sector operations and how applicable existing treaties are to companies.
• Property rights in space are unregulated, leading to open questions, such as if companies can own celestial bodies and resources through activities such as mining.
• No regulation on space tourism, for example for passenger safety and liability, as with aerial travel.

Environment:

• Environmental concerns, both within and beyond the atmosphere, must be addressed, including the impact of rocket launches and human activity on celestial bodies.
• Sustainability of space operations also remains to be addressed, as these cause an increasingly larger environmental footprint.

Crossing fields are the impact the private sector has in space, the risks of militarization of space, and the lack of clarity in liability and oversight, posing both legal and ethical concerns.

Solutions

Within the existing channels of the UN, the desire for international cooperation by states will be crucial to find universally accepted ways to ethically and sustainably share space through norms and standards. This, with the assumption that states will act in good faith and uphold treaty obligations. If this is the case, then existing proposed solutions can be implemented to address challenges:

• Updating existing legal documents and develop new ones where needed to address emerging issues, such as the maintenance of satellites and space traffic management. The former especially could be achieved in a shorter duration and could quickly introduce private-sector space activities into already written regulations.
• Similarly, countries should update their national framework to include their obligations as per UN guidelines and regulate national space activity, including by the private sector. Here, sustainability and the environment should be included to reduce the impact space activity.
• Implement information sharing measures and collaborative initiatives to increase trust between states by fostering transparency and confidence-building. Through international cooperation and dialogue, existing frameworks can be harmonized to each other, reducing the risk of disagreements and the circumvention of regulations out of convenience.
• Include developing countries in the establishment and implementation of the existing framework through capacity building to ensure their proper future participation in space.

Given how states act on Earth, it is unlikely that those with the most to gain will agree to restrictive international agreements. The USA, Russia and China will see their activities in space as increasingly important in implementing their national interests on the surface of the planet, especially with the current state of geopolitics and inter-State conflicts. In this regard, Astropolitics mirrors greater geopolitics in that it may not be international agreements that will guide State actors, but diplomatic initiatives by third parties mediating and leading efforts to find solutions.

For All Mankind

A chronology of international agreements has been the foundation for the rules and norms of human activity in space, steering the as of March 2024 77 countries possessing space agencies, with 16 holding orbital-launch capabilities – an exponential increase from the initial two during the 1960s.

Space is now ‘congested, contested and competitive’, and with the current state of astropolitics, ineffective and loosely regulated. No more is space simply a domain for state-based exploration and prestige, but a commercial landscape with increasingly significant military value.

Upon landing on our Moon’s surface, the plaque left behind by the astronauts of Apollo 11 read;

 

Here men from the planet Earth

First set foot upon the Moon

July 1968, A.D.

We came in peace for all mankind.

 

Humanity as a species may be far away from global unity, prevented from doing so by the realities driving divisions and conflict. On a planet where humans reign supreme, geopolitics determine the course in which the future is shaped. In space however, Earth is but a drop in a vast ocean of unknowns. What these unknowns are, has been the subject of discourse and popular media for decades, and when manned Space travel and exploration becomes a reality, what matters then is how the human species wish to present itself to the universe. Space has the potential to bring humanity together, but for the time being space has followed first the sky, then the oceans and then cyberspace, in being the newest domain for inter-state engagements; astropolitics.

Image: the signing of the Outer Space Treaty, 27 January 1967 (ITU via CC BY 2.0)