Research viewpoint modernizing the outer space treaty for national appropriation

Abstract

ABSTRACT Article II of the Outer Space Treaty requires a re-examination for applicability to the modern operating environment of space. This paper conducts this examination and analyzes multiple strategic visions for new approaches to national appropriation in space. Using Strengths, Weaknesses, Opportunities, and Threats analytic methodology, four approaches to a rewrite of Article II are compared to determine a method most applicable for space activities. Variables used to assess each approach focus on palatability of member states to agree and ratify changes to Article II, as well as appropriate change to ensure Article II is modernized for today’s space industry. The results of the research reflect that both United Nations’ oversight through a strict allocation program and a non-regulated free prospecting model to encourage innovation are optimal. These approaches diverge in ideology and vision for how space should be regulated, though both reflect an appropriate level of change and opportunity for the space industry. Also, these two approaches minimize confusion by providing clear guidelines for resource and territorial rights. The analysis herein shows that a rational approach can be implemented when analyzing possible rewrites for Article II. On this basis, it is suggested that the United Nations conduct its own analysis to ensure the space industry is properly regulated.