Outer Space Treaty (1967)

The 1967 Outer Space Treaty is the founding text of international space law, setting the broad principles governing space activities. It establishes that outer space cannot be subject to national appropriation, that it must be used for peaceful purposes and for the benefit of all, and above all, a central point for insurance, that states are internationally responsible for national space activities, whether conducted by public or private entities. This principle of state responsibility means that a state answers for the damage caused by operators under its jurisdiction, which leads it to frame and authorise these activities, and to require private operators to hold liability insurance. The treaty, conceived in the era of state space programmes, is today under tension from the rise of NewSpace and private actors, commercial exploitation and space mining projects, which question the adequacy of an old framework. To understand space liability and its insurance treatment, the 1967 treaty remains the reference legal basis.

Because the 1967 treaty makes states responsible for private space activities, a state requires its satellite operators to hold liability insurance as a condition of authorisation.

Outer Space Treaty, traité de l'espace, traité sur l'espace extra-atmosphérique