Primer
The Outer Space Treaty
A primer on Article II, Article VI, and the space the treaty leaves empty
Binding law since 1967 and joined by more than 110 states. It forbids national appropriation and makes states answerable for their companies — but it never says a private party cannot own what it holds, and it never built a system to record who holds what.
At a glance
- Opened for signature
- 27 January 1967
- Parties
- 110+ states
- Legal status
- Binding treaty
- Length
- 17 articles
- Enforcement
- State-to-state only
Signed simultaneously at London, Moscow, and Washington. Entered into force 10 October 1967.
Plus roughly two dozen further signatories that have not ratified. Every spacefaring nation is a party.
Ratified with Senate advice and consent in the United States. Widely regarded as reflecting customary international law.
Short by treaty standards, and deliberately so — it was drafted as a framework of principles, not a code.
Consultation under Article IX, liability under Article VII. No court of general jurisdiction, no registry of claims, no private right of action.
The articles that matter
Seventeen articles, of which eight carry nearly all the weight in the property debate. The full text is below; this is the orientation.
Province of all mankind
Exploration and use are free to all states, for the benefit of all countries, with free access to all areas of celestial bodies. 'Province of all mankind' is a purpose clause, not an ownership regime — it does not say the Moon is owned in common.
Non-appropriation
One sentence, and the most quoted in space law: outer space and celestial bodies are not subject to national appropriation by claim of sovereignty, by use or occupation, or by any other means. It binds nations. It does not name private parties.
State responsibility
States bear international responsibility for national activities in space, including those of non-governmental entities, which require authorization and continuing supervision by the appropriate state. This is the hook every national licensing regime hangs on.
Liability
The launching state is internationally liable for damage caused by its space objects. Later elaborated by the 1972 Liability Convention.
Jurisdiction and ownership of objects
A state of registry keeps jurisdiction and control over its objects and personnel, and ownership of objects is not affected by their presence on a celestial body. Property in things is expressly preserved; property in places is not addressed.
Due regard and consultation
Activities are conducted with due regard to the interests of others, avoiding harmful contamination and harmful interference, with a duty to consult. This is the seed the Artemis Accords grew safety zones from.
Transparency
Parties inform the UN Secretary-General, the public, and the scientific community of the nature, conduct, locations, and results of their activities, to the greatest extent feasible.
Open installations
Stations and installations on celestial bodies are open to representatives of other parties on a reciprocal basis, with advance notice. A transparency obligation, and an awkward one for anyone imagining an exclusive facility.
What it settles
No nation can claim territory
Sovereignty is off the table permanently. No flag, no landing, no continuous occupation converts lunar or asteroidal ground into national territory. This is settled, uncontested, and honoured in practice by every spacefaring state.
Outer Space Treaty, Article II
Private activity is lawful, and states must license it
Article VI does not prohibit commercial activity in space; it makes it the responsibility of a state. Companies operate under national authorization and continuing supervision. This is the legal basis for every launch license and every space-resource statute enacted since 2015.
Outer Space Treaty, Article VI
Objects remain property, wherever they are
A rover, a habitat, a returned sample: ownership travels with the object and is unaffected by its presence on a celestial body. Movable property in space is not in doubt.
Outer Space Treaty, Article VIII
Liability sits with the launching state
Damage caused by a space object is the launching state's international responsibility — which is precisely why states insist on licensing and insuring their operators.
Outer Space Treaty, Article VII; Liability Convention 1972
What it does not settle
The treaty is a framework of principles. Sixty years on, the questions a lender or an underwriter would ask first are the ones it never reached.
Whether Article II binds private parties
The text says 'national appropriation'. One school reads Article VI as extending the prohibition to nationals through their state; another reads the omission as deliberate, on the ground that the drafters knew how to write 'no state or its nationals' and did not. Neither reading has been tested by any tribunal in nearly sixty years.
Outer Space Treaty, Articles II and VI — contested interpretation
Resources in place
The treaty says nothing about extraction, and nothing about ore in the ground. The 1979 Moon Agreement tried to fill the gap and attracted almost no ratifications. National statutes and the Artemis Accords address extracted resources only. A right to the deposit before it is mined remains unwritten.
Silence in the 1967 text; cf. Artemis Accords §10, 51 U.S.C. §51303
Tenure, priority, and recording
There is no registry of claims, no rule of first-in-time, no mechanism for adjudicating overlapping operations at the same lunar pole, and no way to record an interest that a bank could take security over. Financing needs a record. There is none.
No provision in the 1967 text
What 'due regard' and 'harmful interference' mean
Article IX imposes a standard without defining it. How close is too close, and for how long, is left to consultation between states. The Accords' safety zones are one attempt at an answer, but they are a coordination practice among willing parties, not a rule of tenure.
Outer Space Treaty, Article IX
Who decides, and how
No general dispute-settlement clause, no standing tribunal, no private standing. A company harmed by another company's operation on the Moon has no forum under this treaty; it must persuade its government to raise the matter with another government.
No provision in the 1967 text
The treaty, as written
The complete text as opened for signature on 27 January 1967. Read Article II beside Article VI — the whole argument lives in the space between them.
Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies
The States Parties to this Treaty,
Inspired by the great prospects opening up before mankind as a result of man's entry into outer space,
Recognizing the common interest of all mankind in the progress of the exploration and use of outer space for peaceful purposes,
Believing that the exploration and use of outer space should be carried on for the benefit of all peoples irrespective of the degree of their economic or scientific development,
Desiring to contribute to broad international co-operation in the scientific as well as the legal aspects of the exploration and use of outer space for peaceful purposes,
Believing that such co-operation will contribute to the development of mutual understanding and to the strengthening of friendly relations between States and peoples,
Recalling resolution 1962 (XVIII), entitled “Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space”, which was adopted unanimously by the United Nations General Assembly on 13 December 1963,
Recalling resolution 1884 (XVIII), calling 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 or from installing such weapons on celestial bodies, which was adopted unanimously by the United Nations General Assembly on 17 October 1963,
Taking account of United Nations General Assembly resolution 110 (II) of 3 November 1947, which condemned propaganda designed or likely to provoke or encourage any threat to the peace, breach of the peace or act of aggression, and considering that the aforementioned resolution is applicable to outer space,
Convinced that a Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, will further the purposes and principles of the Charter of the United Nations,
Have agreed on the following:
Article I
Province of all mankind; freedom of use and access
The exploration and use of outer space, including the moon and other celestial bodies, shall be carried out for the benefit and in the interests of all countries, irrespective of their degree of economic or scientific development, and shall be the province of all mankind.
Outer space, including the moon and other celestial bodies, shall be free for exploration and use by all States without discrimination of any kind, on a basis of equality and in accordance with international law, and there shall be free access to all areas of celestial bodies.
There shall be freedom of scientific investigation in outer space, including the moon and other celestial bodies, and States shall facilitate and encourage international co-operation in such investigation.
Article II
The non-appropriation clause
Outer space, including the moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means.
Article III
International law applies
States Parties to the Treaty shall carry on activities in the exploration and use of outer space, including the moon and other celestial bodies, in accordance with international law, including the Charter of the United Nations, in the interest of maintaining international peace and security and promoting international co-operation and understanding.
Article IV
Weapons and military use
States Parties to the Treaty undertake not to place in orbit around the earth any objects carrying nuclear weapons or any other kinds of weapons of mass destruction, install such weapons on celestial bodies, or station such weapons in outer space in any other manner.
The moon and other celestial bodies shall be used by all States Parties to the Treaty exclusively for peaceful purposes. The establishment of military bases, installations and fortifications, the testing of any type of weapons and the conduct of military manoeuvres on celestial bodies shall be forbidden. The use of military personnel for scientific research or for any other peaceful purposes shall not be prohibited. The use of any equipment or facility necessary for peaceful exploration of the moon and other celestial bodies shall also not be prohibited.
Article V
Astronauts as envoys of mankind
States Parties to the Treaty shall regard astronauts as envoys of mankind in outer space and shall render to them all possible assistance in the event of accident, distress, or emergency landing on the territory of another State Party or on the high seas. When astronauts make such a landing, they shall be safely and promptly returned to the State of registry of their space vehicle.
In carrying on activities in outer space and on celestial bodies, the astronauts of one State Party shall render all possible assistance to the astronauts of other States Parties.
States Parties to the Treaty shall immediately inform the other States Parties to the Treaty or the Secretary-General of the United Nations of any phenomena they discover in outer space, including the moon and other celestial bodies, which could constitute a danger to the life or health of astronauts.
Article VI
State responsibility for non-governmental entities
States Parties to the Treaty shall bear international responsibility for national activities in outer space, including the moon and other celestial bodies, whether such activities are carried on by governmental agencies or by non-governmental entities, and for assuring that national activities are carried out in conformity with the provisions set forth in the present Treaty. The activities of non-governmental entities in outer space, including the moon and other celestial bodies, shall require authorization and continuing supervision by the appropriate State Party to the Treaty. When activities are carried on in outer space, including the moon and other celestial bodies, by an international organization, responsibility for compliance with this Treaty shall be borne both by the international organization and by the States Parties to the Treaty participating in such organization.
Article VII
Liability
Each State Party to the Treaty that launches or procures the launching of an object into outer space, including the moon and other celestial bodies, and each State Party from whose territory or facility an object is launched, is internationally liable for damage to another State Party to the Treaty or to its natural or juridical persons by such object or its component parts on the Earth, in air or in outer space, including the moon and other celestial bodies.
Article VIII
Jurisdiction and ownership of objects
A State Party to the Treaty on whose registry an object launched into outer space is carried shall retain jurisdiction and control over such object, and over any personnel thereof, while in outer space or on a celestial body. Ownership of objects launched into outer space, including objects landed or constructed on a celestial body, and of their component parts, is not affected by their presence in outer space or on a celestial body or by their return to the Earth. Such objects or component parts found beyond the limits of the State Party to the Treaty on whose registry they are carried shall be returned to that State Party, which shall, upon request, furnish identifying data prior to their return.
Article IX
Due regard, harmful contamination, consultations
In the exploration and use of outer space, including the moon and other celestial bodies, States Parties to the Treaty shall be guided by the principle of co-operation and mutual assistance and shall conduct all their activities in outer space, including the moon and other celestial bodies, with due regard to the corresponding interests of all other States Parties to the Treaty. States Parties to the Treaty shall pursue studies of outer space, including the moon and other celestial bodies, and conduct exploration of them so as to avoid their harmful contamination and also adverse changes in the environment of the Earth resulting from the introduction of extraterrestrial matter and, where necessary, shall adopt appropriate measures for this purpose. If a State Party to the Treaty has reason to believe that an activity or experiment planned by it or its nationals in outer space, including the moon and other celestial bodies, would cause potentially harmful interference with activities of other States Parties in the peaceful exploration and use of outer space, including the moon and other celestial bodies, it shall undertake appropriate international consultations before proceeding with any such activity or experiment. A State Party to the Treaty which has reason to believe that an activity or experiment planned by another State Party in outer space, including the moon and other celestial bodies, would cause potentially harmful interference with activities in the peaceful exploration and use of outer space, including the moon and other celestial bodies, may request consultation concerning the activity or experiment.
Article X
Observation of flights
In order to promote international co-operation in the exploration and use of outer space, including the moon and other celestial bodies, in conformity with the purposes of this Treaty, the States Parties to the Treaty shall consider on a basis of equality any requests by other States Parties to the Treaty to be afforded an opportunity to observe the flight of space objects launched by those States. The nature of such an opportunity for observation and the conditions under which it could be afforded shall be determined by agreement between the States concerned.
Article XI
Information to the Secretary-General
In order to promote international co-operation in the peaceful exploration and use of outer space, States Parties to the Treaty conducting activities in outer space, including the moon and other celestial bodies, agree to inform the Secretary-General of the United Nations as well as the public and the international scientific community, to the greatest extent feasible and practicable, of the nature, conduct, locations and results of such activities. On receiving the said information, the Secretary-General of the United Nations should be prepared to disseminate it immediately and effectively.
Article XII
Open installations, reciprocal visits
All stations, installations, equipment and space vehicles on the moon and other celestial bodies shall be open to representatives of other States Parties to the Treaty on a basis of reciprocity. Such representatives shall give reasonable advance notice of a projected visit, in order that appropriate consultations may be held and that maximum precautions may be taken to assure safety and to avoid interference with normal operations in the facility to be visited.
Article XIII
Application to joint and organizational activities
The provisions of this Treaty shall apply to the activities of States Parties to the Treaty in the exploration and use of outer space, including the moon and other celestial bodies, whether such activities are carried on by a single State Party to the Treaty or jointly with other States, including cases where they are carried on within the framework of international intergovernmental organizations.
Any practical questions arising in connection with activities carried on by international intergovernmental organizations in the exploration and use of outer space, including the moon and other celestial bodies, shall be resolved by the States Parties to the Treaty either with the appropriate international organization or with one or more States members of that international organization, which are Parties to this Treaty.
Article XIV
Signature, ratification, entry into force
1. This Treaty shall be open to all States for signature. Any State which does not sign this Treaty before its entry into force in accordance with paragraph 3 of this article may accede to it at any time.
2. This Treaty shall be subject to ratification by signatory States. Instruments of ratification and instruments of accession shall be deposited with the Governments of the United Kingdom of Great Britain and Northern Ireland, the Union of Soviet Socialist Republics and the United States of America, which are hereby designated the Depositary Governments.
3. This Treaty shall enter into force upon the deposit of instruments of ratification by five Governments including the Governments designated as Depositary Governments under this Treaty.
4. For States whose instruments of ratification or accession are deposited subsequent to the entry into force of this Treaty, it shall enter into force on the date of the deposit of their instruments of ratification or accession.
5. The Depositary Governments shall promptly inform all signatory and acceding States of the date of each signature, the date of deposit of each instrument of ratification of and accession to this Treaty, the date of its entry into force and other notices.
6. This Treaty shall be registered by the Depositary Governments pursuant to Article 102 of the Charter of the United Nations.
Article XV
Amendment
Any State Party to the Treaty may propose amendments to this Treaty. Amendments shall enter into force for each State Party to the Treaty accepting the amendments upon their acceptance by a majority of the States Parties to the Treaty and thereafter for each remaining State Party to the Treaty on the date of acceptance by it.
Article XVI
Withdrawal
Any State Party to the Treaty may give notice of its withdrawal from the Treaty one year after its entry into force by written notification to the Depositary Governments. Such withdrawal shall take effect one year from the date of receipt of this notification.
Article XVII
Authentic texts
This Treaty, of which the English, Russian, French, Spanish and Chinese texts are equally authentic, shall be deposited in the archives of the Depositary Governments. Duly certified copies of this Treaty shall be transmitted by the Depositary Governments to the Governments of the signatory and acceding States.
IN WITNESS WHEREOF the undersigned, duly authorized, have signed this Treaty.
DONE in triplicate, at the cities of London, Moscow and Washington, the twenty-seventh day of January, one thousand nine hundred and sixty-seven.
Text as deposited, 27 January 1967 · United Nations treaty instrument · headings added for navigation
How it compares
| Instrument | Binding? | Extracted resources | In-situ resources | Private-entity rights |
|---|---|---|---|---|
| Outer Space Treaty (1967) | Yes — treaty in force, 110+ parties | Silent | Silent | Permitted but unaddressed; states must authorize and supervise |
| Moon Agreement (1979) | Yes for its few parties | Subject to a future international regime | Common heritage of mankind; no property | Expressly excluded |
| National legislation (US, LUX, UAE, JPN) | Yes, domestically | Ownership recognized for citizens and licensees | Not granted | Yes, over what is recovered |
| Artemis Accords (2020) | No — political commitment | Extraction is not national appropriation | Silent | None conferred; states only |
Criticism and open questions
Is silence a prohibition or a permission?
In domestic law, what is not forbidden is generally allowed. In international law the question is harder, because the subjects of the treaty are states. The honest answer is that the Outer Space Treaty neither grants nor forbids private property in resources in place — and that ambiguity is itself the obstacle to capital formation.
Can Article VI do the work of a property system?
Authorization and continuing supervision give a state a lever over its operators. Some argue a licensing state could recognize exclusive operating rights domestically without appropriating anything internationally — a functional tenure built out of regulation rather than title. Whether other states would respect such a license is untested.
Does state practice already answer Article II?
Apollo and Luna samples were taken, kept, displayed, and traded between governments with no protest. That practice is the strongest evidence that removal and ownership of extracted material was never understood as appropriation. It says nothing about the ground the samples came from.
Would amending the treaty help, or hurt?
Article XV allows amendment, but an amendment binds only those who accept it, and reopening a text that has held for sixty years risks losing more than it gains. Most practitioners expect the gap to be filled by national legislation and accumulated practice rather than by a new treaty.
Why it matters here
Every argument about property beyond Earth begins and ends with this document. It is binding, it is nearly universal, and it is not going away. Any workable regime has to be built inside it, not around it.
The good news is that it is far narrower than its reputation. It forbids nations from claiming territory. It does not forbid a private party from holding a recognized, recordable, financeable interest in a resource it works. That regime simply has never been written — and writing it is the point of the paper.
Sources
- [1]Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, 610 UNTS 205, opened for signature 27 January 1967, entered into force 10 October 1967.
- [2]United Nations Office for Outer Space Affairs, treaty text and status of international agreements relating to activities in outer space — unoosa.org/oosa/en/ourwork/spacelaw/treaties/outerspacetreaty.html
- [3]Convention on International Liability for Damage Caused by Space Objects, 1972; Convention on Registration of Objects Launched into Outer Space, 1975.
- [4]Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, 1979 (the Moon Agreement).
- [5]US Commercial Space Launch Competitiveness Act of 2015, 51 U.S.C. §51303; Luxembourg Law of 20 July 2017 on the exploration and use of space resources.
- [6]The Artemis Accords, adopted 13 October 2020, Sections 9–11.
This primer is explanatory support material for the paper. It is not legal advice.