Treaty on Principles Governing the Activities of States in the Colonization and Applied Use of Space
The States Parties to this Treaty,
Inspired by the great prospects opening up before mankind as a result of man’s entry into interstellar space,
Recognizing the abandonment of 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 (henceforth Outer Space Treaty) by all major space-faring powers,
Recognizing the current lack of any organized or officially recognized international policy regarding the colonization of celestial bodies,
Inspired by the example of the Outer Space Treaty,
Believing that the fundamental existence of such policy is necessary to ensure the peaceful colonization of interstellar space by States,
Recognizing the territorial disputes which have occurred in the Damen and Infinitas systems,
Convinced that a diplomatic framework is capable of solving these disputes,
Have agreed on the following:
Article I
Outer space, including all unclaimed celestial bodies, shall be free for exploration and use by all States without discrimination of any kind, on a basis of equality 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 said bodies.
There shall be freedom of scientific investigation in outer space, including said celestial bodies, and States shall facilitate and encourage international cooperation in such investigation.
Article II
Outer space, including celestial bodies, is subject to national appropriation within a reasonably defined limit and through a standardized procedure, herein established.
Article III
State Parties to the Treaty shall carry on activities in the exploration and use of outer space, including celestial bodies, in accordance with international law, including the Charter of the United Nations, in the interest of maintaining international peace and security, promoting international cooperation and understanding, and advancing the interest of humanity as a whole.
Article IV
The process of colonization is to be based upon the following conditions:
1. The first State to place a significant colonization effort upon a celestial body, hereby designated as a lower-end viable human population of ten thousand (10,000) individuals, is regarded as having colonization rights unless it defaults at a later stage.
2. The State must demonstrate either an appreciable need for the body in question or an appreciable capability for its utilization.
3. The body must see active development and utilization for a minimum the first fifty (50) years, to be measured in ten (10) year increments by the combined States Parties of this Treaty, with parameters to be determined at their discretion.
4. Should Article IV Condition 3 not be met, as determined by a two-thirds (2/3) majority of the States Parties of the Treaty, the claims of the occupying State upon the body are regarded as null and void, and the body is officially returned to unclaimed status.
Article V
Permanent structures on a non-standard body which has no defined surface, such as a gas giant, and permanent structures or bodies in orbit within a system which have negligible gravitational mass, hereby defined as less than one hundredth (1/100) gee are not governed by the conditions laid out in Article IV and may generally be recognized as belonging to the first occupier capable of their exploitation.
Article VI
The conditions presented in Articles IV and V are not retroactive upon any pre-existing claim of the States Parties of the Treaty.
Article VII
Territorial space around a celestial body is to be designated using both the gravitational exertion of the body and the type of body.
For a body which is the primary of its orbit, if it is capable of being occupied in the method described in Article IV, the territorial space is to be designated in proportion to its gravitational field, with a baseline of five hundred thousand (500,000) kilometers from the body’s surface being the standard for a planet exerting one (1) gee of gravitation on its surface. All natural satellites within this radius are regarded as the exclusive territory of the State occupying the primary body.
For a body which is not the primary of its orbit, territorial space is similarly determined by gravitation, but does not include surrounding bodies, up to and including the primary. However, if the non-primary is colonized before the primary and meets all other requirements, its territorial space is to be respected by any occupier of the primary, and the primary’s territorial space may not be utilized as an excuse to cut off travel to the non-primary except in extreme circumstances.
For a permanent structure on a non-standard body a modified proscription of the United Nations Convention on the Law of the Sea shall be considered to utilize a territorial zone of twenty (20) kilometers in radial fashion from its center point.
For a permanent structure or body in orbit with negligible gravity the territorial space is to be defined as a constant five thousand (5,000) kilometers from the structure or body’s outer surface, excluding entry into a planetary atmosphere or intersecting with the physical structure of a larger body.
Article VIII
The signatory States of the Treaty shall universally recognize these claims upon all celestial bodies and permanent structures excepting those already possessing internationally known and recognized definitions of territorial space, with this clause hereby thus applying exclusively to Earth. States Parties of this Treaty are under no compulsion to recognize externally derived claims.
Article IX
Within territorial space the State Parties in command may set laws, regulate use, and use any resource. Foreign vessels have no right of passage within territorial space unless it is granted by the acting State Parties, and the State Parties have final jurisdiction.
Article X
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 outside of the territorial space of a celestial body or permanent structure. 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. Such objects or component parts found beyond the limits of the State Party to the Treaty on whose registry they are carried shall, except under extreme circumstances, be returned to that State Party, which shall, upon request, furnish further identifying data prior to their return. The sole exceptions to this, excepting extreme circumstances, are to be as regards ship salvage and instances of
hostis humani generis, under which any nation may exercise jurisdiction. All space not included within a given body or permanent structure’s territorial space is considered unclaimed space, and within it all proscriptions of Article I applies.
Article XI
State Parties to the Treaty undertake not to utilize celestial bodies as direct implements of warfare or for use as weapons of mass destruction.
Article XII
State Parties to the Treaty shall bear international responsibility for national activities in outer space, including celestial bodies, whether such activities are carried on by government agencies or by non-government 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 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 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 XIII
Each State Party to the Treaty that launches or procures the landing of an object from outer space, including 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 judicial persons by such object or its component parts landing on an occupied body’s surface, in its air space, or in outer space.
Article XIV
In the exploration and use of outer space, including celestial bodies, State Parties to the Treaty shall pursue studies and conduct exploration 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 other celestial bodies, would cause potentially harmful interference with activities of other States Parties in the peaceful exploration and use of outer space, including 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 than an activity or experiment planned by another State Party in outer space, including other celestial bodies, would cause potentially harmful interference with activities in the peaceful exploration and use of outer space, including celestial bodies, may request consultation concerning the activity or experiment.
Article XV
In order to promote international cooperation in the exploration and use of outer space, including celestial bodies, in conformity with the purposes of this Treaty, the States Parties to the Treaty shall consider on a basis of equality and 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 XVI
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 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 and non-government entities.
Article XVII
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 shall be deposited with the Governments of the Russian Federation, Japan, the Republic of India, the Federative Republic of Brazil, the State of Israel, the United Mexican States, the Republic of Korea, Canada, and the Commonwealth of Australia 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 an accession to this Treaty, the date of its entry into force and other notices.
6. This Treaty shall be registered by the Depository Governments pursuant to Article 102 of the Charter of the United Nations.
Article XVIII
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 two-thirds (2/3) 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 XIX
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 XX
This Treaty, of which the Chinese, English, French, Hebrew, Hindi, Japanese, Korean, Portuguese, Russian, and Spanish 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 Brasilia, Canberra, Mexico City, Moscow, New Delhi, Ottawa, Seoul, Tel Aviv, and Tokyo, the sixteenth day of September, two thousand one hundred and twenty five.
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