The Rules for a New Frontier
1967 — The Outer Space Treaty Enters into Force
Time not applicable
On October 10, 1967, an international treaty entered into
force addressing a place where humanity had arrived only ten years earlier. Outer
space. When Sputnik 1 launched on October 4, 1957, there was no
comprehensive international legal framework specifically governing what nations
could claim, place, build, or do beyond Earth. Now satellites circled the
planet. Humans had traveled into orbit. Spacecraft had reached the Moon and
Venus. The United States and Soviet Union were racing to land people on the
Moon. And the same rockets capable of launching spacecraft were closely related
to ballistic missiles capable of carrying nuclear weapons. The question was no
longer whether humanity would operate in space. It was: What rules would
apply when we did? The answer began to take shape through the United
Nations. On January 27, 1967, the United States, Soviet Union, United Kingdom,
and other nations began signing the Treaty on Principles Governing the
Activities of States in the Exploration and Use of Outer Space, including the
Moon and Other Celestial Bodies. It became known much more simply as the Outer
Space Treaty. On October 10, after the required ratifications had been
deposited, the treaty entered into force. Its principles were remarkable. First,
outer space was declared free for exploration and use by all nations. No
country could claim the Moon, a planet, an asteroid, or another celestial body
as sovereign national territory. Planting a flag would not create a new
province. Landing first would not establish ownership. Occupation would not
confer sovereignty. The treaty stated that outer space, including the Moon and
other celestial bodies, was not subject to national appropriation. That
principle became one of the foundations of space law. The treaty also addressed
the military use of space. Nations agreed not to place nuclear weapons or
other weapons of mass destruction in Earth orbit, station them in outer
space, or install them on celestial bodies. The Moon and other celestial bodies
were to be used exclusively for peaceful purposes. Military bases, weapons
testing, and military maneuvers on celestial bodies were prohibited. The treaty
did not completely demilitarize space. Military satellites, reconnaissance
systems, communications spacecraft, and other national-security activities
could still operate in Earth orbit. But the agreement established significant
limits at a moment when the Cold War could easily have extended the nuclear
arms race into another domain. The treaty also established responsibility. A
nation could not avoid its international obligations simply because a space
activity was conducted by a private company rather than directly by its
government. States were made internationally responsible for their national
activities in outer space, including those conducted by non-governmental
entities. Private space activities therefore required governmental
authorization and continuing supervision. That provision has become
increasingly significant as commercial companies have assumed larger roles in
launching satellites, carrying astronauts, exploring the Moon, and planning
future activities beyond Earth. Another principle concerned astronauts. The
treaty described them as “envoys of mankind” and called upon nations to
assist astronauts in distress. Still another concerned damage. Launching states
could be held internationally liable for damage caused by their space objects. And
one provision has become especially important to planetary exploration. Article
IX called upon nations to conduct exploration so as to avoid harmful
contamination of the Moon and other celestial bodies, as well as harmful
effects on Earth resulting from the introduction of extraterrestrial matter. This
is one of the legal foundations underlying what is now called planetary
protection. When spacecraft are sterilized or cleaned before traveling to
potentially habitable environments, the concern is partly scientific. Scientists
do not want terrestrial microorganisms contaminating a world such as Mars or an
icy moon and confusing future searches for extraterrestrial life. When missions
are deliberately ended to prevent an uncontrolled spacecraft from eventually
striking a potentially habitable world, the same principle is involved. We have
already encountered striking examples in this chronology. Galileo was
deliberately sent into Jupiter in 2003 partly to eliminate any possibility that
the spacecraft might eventually contaminate Europa. Cassini was
deliberately plunged into Saturn in 2017 to protect Enceladus and Titan. Those
decisions belong to a tradition of responsible exploration whose international
legal framework reaches back to the Outer Space Treaty. The treaty was
negotiated during the Cold War. Yet the United States and Soviet
Union—competitors in an intense technological and ideological struggle—agreed
that some principles should apply to everyone. That may be one of its most
remarkable features. The treaty did not answer every future question. It did
not anticipate reusable commercial launch systems, enormous satellite
constellations, private lunar landers, asteroid-resource proposals, or
permanent settlements on other worlds. Debates continue over how its principles
should apply to those developments. But more than half a century after it
entered into force, the Outer Space Treaty remains the foundation upon which
much of international space law is built.
Why It Matters: The Outer Space Treaty established
the fundamental international principles governing human activity beyond Earth.
It rejected national sovereignty over celestial bodies, guaranteed freedom of
exploration, prohibited nuclear weapons and other weapons of mass destruction
from being stationed in space, established national responsibility for
governmental and private activities, and required attention to harmful
contamination. It transformed outer space from a technologically accessible
frontier into a realm governed, however imperfectly, by international law.
Also on This Day
1846 — William Lassell Discovers Triton
Observation time not established
On October 10, 1846, English astronomer William Lassell
pointed his telescope toward a newly discovered planet. Only 17 days earlier,
Johann Gottfried Galle and Heinrich Louis d'Arrest had identified Neptune
from the Berlin Observatory, guided by mathematical predictions of its
position. Now Lassell saw something near it. A moon. The object would
eventually be named Triton. The speed of the discovery was
extraordinary. Astronomers had spent years trying to understand irregularities
in the orbit of Uranus. Mathematicians Urbain Le Verrier in France and John
Couch Adams in Britain independently calculated that the gravitational pull of
an unknown planet could explain those discrepancies. On September 23, 1846,
Galle and d'Arrest found Neptune close to the position predicted by Le Verrier.
News of the discovery spread quickly. Lassell, a successful brewer and
accomplished amateur astronomer living near Liverpool, immediately turned his
attention toward the new world. He possessed an important advantage. He built
his own telescopes. Lassell had constructed a powerful 24-inch reflecting
telescope, using a metal mirror he had ground and polished himself. With
it, on October 10, he detected a faint companion to Neptune. Triton proved to
be no ordinary moon. It is by far Neptune's largest satellite, with a diameter
of approximately 2,700 kilometers. More surprisingly, Triton travels
around Neptune in the opposite direction from the planet's rotation. This
retrograde orbit is a powerful clue to its history. Large moons generally form
from disks of material surrounding their planets and therefore orbit in the
same general direction that their planets rotate. Triton probably did not form
that way. Scientists now think it began as an independent world in the outer
solar system—probably a Kuiper Belt object—and was later captured by
Neptune's gravity. That capture would have profoundly disturbed Neptune's
original satellite system. Triton's orbit eventually became nearly circular,
but the process may have destroyed or ejected earlier moons and contributed to
the formation of the irregular satellite system seen today. For more than a
century after Lassell's discovery, Triton remained little more than a distant
point of light. Then, in 1989, Voyager 2 flew past Neptune. Its cameras
transformed Triton from a dot into a world. The surface was extraordinarily
cold—about −235 degrees Celsius. Much of it was covered with frozen
nitrogen and other ices. The terrain included broad plains, fractures, and
unusual regions sometimes described as having a “cantaloupe” texture. Most
surprising of all, Voyager saw active geyser-like plumes rising several
kilometers above the surface. Even at the edge of the planetary system, on one
of the coldest surfaces ever visited by a spacecraft, geological activity was
occurring. Triton's strange orbit and Pluto-like characteristics have made it
especially important to planetary scientists. Studying Triton may provide a way
to examine a captured Kuiper Belt world without traveling all the way into the
Kuiper Belt itself. Lassell could have known none of this. He saw only a faint
point beside a newly discovered planet. But that point turned out to be one of
the strangest large moons in the solar system.
Why It Matters: Triton's discovery, only 17 days
after Neptune itself was found, quickly established that the newly discovered
planet possessed a satellite system. Triton's retrograde orbit later revealed
that it probably formed elsewhere and was captured by Neptune, while Voyager 2
showed it to be an unexpectedly active icy world and a likely relative of
objects in the Kuiper Belt.
The Bigger Picture
October 10 brings together two very different kinds of
discovery. In 1846, humanity was discovering what was out there. In
1967, humanity was beginning to decide how we should behave when we got
there. The interval between those events tells an extraordinary story. Lassell
could study Triton only as a distant point of light. One hundred and eleven
years later, Sputnik crossed the boundary between observing space and entering
it. Another decade passed. By October 1967, humans had orbited Earth, robotic
spacecraft had landed on the Moon and Venus, and preparations were underway for
people to travel to the Moon. The universe had not changed. Our relationship
with it had. Once exploration became physically possible, astronomy encountered
questions that astronomy alone could not answer. Who owns the Moon? Can a
nation claim Mars? What responsibilities does a country have for a privately
operated spacecraft? What happens if one nation's spacecraft damages another
nation's property? Should terrestrial organisms be allowed to contaminate
another world? What kinds of weapons should be permitted beyond Earth? These
are questions of law, ethics, diplomacy, science, and politics as much
as engineering. And they will become more important as exploration expands. Triton
itself provides an interesting thought experiment. No spacecraft has landed
there. No human has visited Neptune. But if someday explorers reach Triton, the
principles established in 1967 would accompany them. No nation could legally
declare Triton its sovereign territory under the treaty. Exploration would
carry responsibilities as well as opportunities. And because Triton is an
active world containing volatile ices and potentially scientifically sensitive
environments, questions of contamination would matter greatly. This is the
larger lesson of October 10. Discovery creates knowledge. Exploration creates
capability. But capability creates responsibility. Humanity's journey
into the universe is therefore not only the story of how far we can travel. It
is also the continuing question of what we choose to do when we arrive.
At a Glance
1846 — Observation time not established — William
Lassell discovers Triton, Neptune's largest moon, only 17 days after the
discovery of Neptune itself.
1967 — Time not applicable — The Outer Space Treaty
enters into force, establishing fundamental principles governing international
activities in outer space, on the Moon, and on other celestial bodies.