The Need for an Updated Outer Space Treaty: Navigating International Divisions and Prospective Solutions

Revisiting the Outer Space Treaty: Ely Sandler’s Proposal for Change

The cosmic arena beyond our atmosphere, once the province of governmental powerhouses, is increasingly frequented by private entities and emerging nations aiming for the stars. This evolving landscape underscores a pressing need: the Outer Space Treaty (OST), signed in 1967 during the Cold War, requires significant updating. However, in an era characterized by political division, how do we initiate change? Ely Sandler, a research fellow at the Belfer Center for Science and International Affairs, has a potential pathway forward.

The Current Framework: A Legal Relic

The Outer Space Treaty, signed under the auspices of the U.N., was a groundbreaking agreement when it was created, laying down the foundational principles for space exploration. At that time, space travel was still nascent, with only a handful of nations even venturing beyond Earth’s atmosphere. Fast forward to today, the space domain has transformed remarkably, with military and exploratory activities proliferated by the U.S., China, the European Union, Russia, India, and Japan. The rise of private companies like SpaceX, Blue Origin, and Orienspace has further complicated the picture.

Yet, despite this surge in activity, the OST has not been adequately upgraded to address contemporary realities. As Sandler points out, “At the international level, space is essentially not governed.” The treaty provides broad principles like the notion of “due regard” for other spacecraft, but these terms are vague and lack enforceable definitions.

Challenges in the Cosmos

One of the most critical issues is space debris, with approximately 1.4 million objects larger than an inch currently orbiting Earth, posing significant risks. With various nations poised to return to the moon and establish semi-permanent bases, the urgency to develop codified rules governing interactions in space has never been greater.

Sandler highlights two primary shortcomings of the OST. First, it was not designed to regulate commercial activities in space, which are now a driving force. Second, it failed to anticipate the burgeoning issue of orbital debris, which threatens the safety of all space endeavors.

A Next Step: The Conference of the Parties (COP)

Given the complexity of drafting a new treaty, Sandler proposes a Conference of the Parties, or COP, to enhance existing treaties incrementally. Drawing inspiration from successful collaborations in climate change, COPs can foster dialogue and create a platform for nations to discuss and address shared challenges in space.

By establishing a COP, nations could collaboratively develop definitions and protocols related to space use, such as guidelines for deorbiting satellites and frameworks for space traffic management. The aim would be to arrive at binding international regulations that evolve with the needs and technologies of the times.

The Path Forward: Challenges and Opportunities

The feasibility of establishing a COP hinges on overcoming geopolitical skepticism—particularly the tensions between nations like the U.S. and China. While many nations recognize the necessity of regulating space activities, internal political dynamics could hinder collective action. Sandler emphasizes the need for less politically sensitive nations, such as the U.K. and India, to engage with more dominant players.

While the likelihood of achieving a COP in the near term might be slim, the conversation itself is crucial. With each engagement and discussion, the foundation for establishing a more orderly and safe space environment can be laid.

Conclusion: A Call to Action

Updating the Outer Space Treaty is not just a bureaucratic necessity; it is vital for ensuring that our shared cosmic frontier remains accessible and secure for all. As humanity’s activities in space continue to expand, the time to rethink and reshape our governing frameworks is now. Through innovative proposals like Sandler’s Conference of the Parties, there is hope for creating a collaborative and cooperative space environment, ensuring a future where the stars are for everyone.

In the cosmic odyssey that lies ahead, let us chart a course together, ensuring that our shared destiny in the universe is governed by mutual respect and cooperation.