Non-Use of Space: Reconsidering Article I of the Outer Space Treaty and the Useability of Space Resources

The Outer Space Treaty (OST) exists to facilitate the use of outer space, the Moon and other celestial bodies. However, this is not an unlimited or unrestricted use and is subject to several caveats. This chapter focuses on the stipulation in Article I of the OST that the use of outer space “shall be carried out for the benefit and in the interests of all countries”, particularly asking what this means in the context of the unfolding climate crisis. This chapter argues the need for an altogether new approach to non-use measures for space resources based on Article I OST. Indeed, it contends that a general approach of non-use of space resources for activities other than scientific research is required in order to protect the Earth environment and thus to comply with the requirement that use of outer space, the Moon and other celestial bodies is truly “carried out for the benefit and in the interests of all countries”.