Treaty Comparison Chart



The Space Preservation Act will be re-introduced into the 108th U.S. Congress in the Fall of 2003. You can view the Space Preservation Act, the Space Preservation Treaty, and a Local Space Preservation Resolution.


Four of the five treaties compared below can be referenced online as follows:

[1] Space Preservation Treaty:

http://www.peaceinspace.com/sp_treaty.shtml

[2] Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space,including the Moon and Other Celestial Bodies:

http://www.oosa.unvienna.org/SpaceLaw/outerspt.htm

[3] Agreement Governing the Activities of States on the Moon and Other Celestial Bodies:

http://www.oosa.unvienna.org/SpaceLaw/moon.htm

[4] Treaty Between The United States Of America And The Union Of Soviet Socialist Republics On The Limitation Of Anti-Ballistic Missile Systems:

http://www.fas.org/nuke/control/abmt/text/abm2.htm

COMPARISON CHART: SPACE/ABM & OTHER TREATIES
Operative Provision Russia-China
Joint Working Paper
Space Preservation
Treaty
[1]

1967 Outer Space Treaty [2]

1979 Moon Treaty [3] 1972 ABM Treaty [4]
Signatories Applies to multilateral signatories. Articles XI & XII Applies to multilateral signatories. Operates as norm under International law for all nation states. Applies to multilateral signatories. (96 States have ratified the Outer Space Treaty as of February 1, 2001) Applies to multilateral signatories
(9 states have ratified the Moon Treaty as of February 1, 2001)
Applies only to U.S. and Russia.
Permanent ban on space-based weapons Yes
Article III
Yes
Article I, Section 1
Not
Applicable
Not Applicable Not Applicable
Permanent ban on the use of weapons to destroy or damage objects in space that are in orbit No
Article III
Yes
Article I, Section 2
Not
Applicable
Not Applicable Not Applicable
Termination of research and development, testing, manufacturing, production, and deployment of all space-based weapons No
Article III permits
research and development, testing, manufacturing, production of all space-based weapons
Yes.
Article 1,Section 1(b)
Not
Applicable
Not Applicable Not Applicable
Treaty does NOT prohibit:
Non-weapons related Space exploration;
research, development, testing, manufacturing or deployment
Civil, commercial, or defense activities (including communications, navigation, surveillance, reconnaissance, early warning, or remote sensing) that are not related to space-based weapons or systems.
Yes
Article V
Yes
Article 1, Section 4
Yes.
Article 1
Yes.
Article IV
Not Applicable
SPACE/ABM TREATIES COMPARISON
Operative Provision Russia-China
Joint Working Paper
Space Preservation Treaty 1967 Outer Space Treaty 1979 Moon Treaty 1972 ABM Treaty
Prohibits weapons of mass destruction (WMD) in space or on celestial body Yes
Article III
(Any weapons; NOT mention WMD)
Yes
Article II, Section 1
Yes
Article IV
Yes
Article III
Not Applicable
Prohibits weapons-related bases or testing on celestial bodies No
Article III
Permits weapons testing
Yes
Article II, Section 1
Yes
Article IV
Yes
Article III
Not Applicable
Use of military personnel for non-weapons activities is permitted Yes
Article V
Yes
Article II, Section 2
Yes
Article IV
Yes
Article III
Not Applicable
ENFORCEMENT
Establishes, and deploys a United Nations outer space peacekeeping agency, whose mission is to monitor outer space and enforce the permanent ban of space-based weapons under this Treaty.
No
Does NOT establish outer space peacekeeping agency with jurisdiction to enforce space weapons ban.
Article VII
Settlement of Disputes
Article VIII Executive Organization of Treaty.
Yes
Article IV
Not
Applicable
Not Applicable Not Applicable

The Proposed Treaty on the Limitation of the Military Use of Outer Space, as presented at the Conference of Scientists against the Militarization of Space, July 1984, Gottingen, Germany is not included in this comparison, as it is primarily only of academic interest at this time.

The 1967 Outer Space Treaty does NOT ban all space-based weapons. It bans weapons of mass destruction in space. Moreover, that treaty has NO enforcement mechanism. The ABM Treaty was a Treaty between the United States and Russia only. The ABM Treaty was a bilateral agreement. November 29, 2001, 163 countries voted for UN General Assembly Resolution A/56/535 which states, in part, that the Member Nations are "Convinced that further measures should be examined in the search for effective and verifiable bilateral and multilateral agreements in order to prevent an arms race in outer space, including the weaponization of outer space." The Space Preservation Treaty is an effective and verifiable, enforceable multilateral agreement that will prevent an arms race in space, including the weaponization of space.

Article V of the ABM Treaty prohibited the development, testing, or deployment of ABM systems or components which are sea-based, air-based, space-based, or mobile land-based. Article V of the ABM Treaty provided: " 1. Each Party undertakes not to develop, test, or deploy ABM systems or components which are sea-based, air-based, space-based, or mobile land-based." "For the purpose of this Treaty an ABM system was a system to counter strategic ballistic missiles or their elements in flight trajectory, currently consisting of:

(a) ABM interceptor missiles, which are interceptor missiles constructed and deployed for an ABM role, or of a type tested in an ABM mode;

(b) ABM launchers, which are launchers constructed and deployed for launching ABM interceptor missiles; and

(c) ABM radars, which are radars constructed and deployed for an ABM role, or of a type tested in an ABM mode.

All other types of advanced space-based weapons, such as those in section 7 of the Space Preservation Act of 2002, were only partially covered by the ABM Treaty The ABM Treaty had no independent world monitoring and enforcement mechanism to enforce a ban on space-based weapons, other than Article VIII national technical means of verification. The ABM Treaty was thus inadequate from the very beginning and is obsolete today, and the best of it is incorporated into the Space Preservation Act.

Today, when there are more space-faring nations than there were in the early 70's when the ABM Treaty was signed, we need a comprehensive, simple, world treaty that will ban ALL space-based weapons, one that has written into it an enforcement and monitoring mechanism to monitor outer space and enforce the ban, preventing any country from walking away from this treaty: an international outer space peacekeeping agency.

Experts and NGO's will work together on creating on additional technical and strategic details related to the Treaty, thus maintaining simple documents that will cause little or no debate or controversy and that will attract signatures.

The Space Preservation Treaty incorporates H.R. 3616, the Outer Space Treaty of 1967, the ABM Treaty, and on other already adopted treaties and resolutions and international proposals. This is the timely world treaty we need to get signed into law in 2003-4. It states that each party shall:

(1) implement a ban on space-based all weapons; and

(2) implement a ban on the use of weapons to destroy or damage objects in space that are in orbit; and

(3) immediately order the permanent termination of research and development, testing, manufacturing, production, and deployment of all space-based weapons

(4) The Space Preservation Treaty does not prohibit:

Non-weapons related Space exploration, research, development, testing, manufacturing or deployment that is not related to space-based weapons or systems or civil, commercial, or defense activities (including communications, navigation, surveillance, reconnaissance, early warning, or remote sensing) that are not related to space-based weapons or systems.

(5) Use of military personnel for non-weapons activities is permitted.

(6) ENFORCEMENT: The Space Preservation Treaty establishes, and deploys an outer space peacekeeping agency, whose mission is to monitor outer space and enforce the permanent ban of space-based weapons under this Treaty.


The signing of the Space Preservation Treaty will help put pressure on the U.S. Congress and Administration to pass THE Space Preservation Act, to be re-introduced by Congressman Kucinich and a Senator (to be announced) into the 108th U.S. Congress. Only the U.S. has initiated the aggressive move to weaponize space and to break the ABM Treaty (as was announced by the US President on December 13, 2001, that he would do in six months, which made the official abrogation a fact in June 13, 2002). When the ABM Treaty was signed in the early 70's, the two countries agreed that it could be abrogated by either country with six months notice. Attempts to save it have failed, but the Space Preservation Treaty has simultaneously emerged and is now ready to be signed into law.

Under the Space Preservation Treaty, "Each State Party to this Treaty shall implement a ban on space-based weapons, implement a ban on the use of weapons to destroy or damage objects in space, and immediately order the permanent termination of research and testing, manufacturing, production, and deployment of all space-based weapons of such State Party."

Similarly, the Space Preservation Act, introduced by Congressman Dennis Kucinich (D-OH), "To preserve the cooperative, peaceful uses of space for the benefit of all humankind by prohibiting the basing of weapons in space and the use of weapons to destroy or damage objects in space that are in orbit, and for other purposes" will also "implement a ban on space-based weapons of the United States and the use of weapons of the United States to destroy or damage objects in space that are in orbit and immediately order the termination of research and development, testing, manufacturing, production and deployment of all space-based weapons of the United States." The U.S. legislation will lead the U.S. President to sign the Space Preservation Treaty, which will ban all space-based weapons - the ultimate goal that is achievable.

With the commitment by President George W. Bush to deploy missile defense by 2004, which is inexorably linked to the deployment of space-based weapons (which would take place by calling them "tests," not deployment), there is a sense of urgency to get the Space Preservation Treaty signed into law by world leaders in 2003.

The Space Preservation Treaty states, "Each State Party to this Treaty agrees to the establishment, funding, equipping, and deploying an outer space peacekeeping agency, whose mission it is to monitor outer space and enforce the permanent ban of space-based weapons under this Treaty." In a step towards the establishment of the Space Preservation Treaty, H.R. 3616 requires "The President shall direct the United States representatives to the United Nations and other international organizations to immediately work toward negotiating, adopting, and implementing an international treaty banning space-based weapons."

Both the Space Preservation Treaty and the U.S. legislation lead to the establishment of an outer space peacekeeping agency. This agency will, when the first twenty countries sign and ratify it, establish this new entity that will be equipped to monitor outer space and enforce (Kucinich conflict resolution style) the ban. That equipment will also make it possible to finally verify arms agreements including the reduction and eventual elimination of nuclear weapons and other dangerous and polluting technologies.

Thus, minds and budgets will be freed to R&D alternative, clean and safe technology, products and services that will be applied directly to solving urgent problems of humans and other animals and our environment - bringing the world together, including adversaries, to reap the abundance of benefits that will be made available to all.

Both the Space Preservation Treaty and the U.S. legislation do not prohibit the use of funds for activities including "space exploration, space research and development, testing, manufacturing or deployment that is not related to space-based weapons or systems, or civil, commercial or defense activities (including communications, navigation, surveillance, reconnaissance, early warning, or remote sensing) that are not related to space-based weapons or systems."

The Space Preservation Treaty provides that "Each State Party to this Treaty undertakes not to base in space any object carrying nuclear weapons or any other kinds of weapons of mass destruction, install such space-based objects or weapons on celestial bodies, or station such weapons in outer space in any other manner. The moon, the planets, and other celestial bodies shall be used by all State Parties to this Treaty exclusively for non-weapons, peaceful purposes. The establishment of weapons-related military bases, installations and fortifications, the testing of any type of weapons and the conduct of military maneuvers on celestial bodies or space-based objects shall be forbidden."

The Space Preservation Treaty states, "The use of military personnel for scientific research or for any other non-space weapons, peaceful purposes shall not be prohibited. The use of any equipment or facility necessary for peaceful exploration or habitation of the moon, the planets or other celestial bodies, or objects in space shall also not be prohibited." Space presents the time and place in which the military role changes.

There is a non-space-based weapons role for the military to play in space that can provide important service benefits to earth. Since the military is not going to disappear, and has great skills and intelligence, it is time to apply the military in service in the context of a new space paradigm that this Space Preservation Treaty and the Space Preservation Act allow the human species to enter into a new space paradigm, a whole new way of thinking, together. This is where the world peoples come together.

With nearly 50 years of space R&D and exploration without space-based weapons, the role of the military changes here - as we work to preserve their non-weapons evolution into the space frontier, so be it on earth. The war industry will be transformed into a world cooperative space industry, without space-based weapons. The line is drawn here. There will be R&D of new clean and safe technologies with more jobs and profits than during any hot or cold wartime that will not be used as force multipliers in wars, but that can provide solutions to problems. Security will be based on enhancing communication, information sharing, and on technology applications.

In both the Space Preservation Treaty and the U.S. legislation, the term "space" includes "all space extending upward from an altitude greater than 60 kilometers above the surface of the earth" and "includes any celestial body in such space." "The terms space-based weapon' and space-based system' means a device capable of damaging or destroying an object or person (whether in outer space, in the atmosphere, or on earth) by firing one or more projectiles to collide with that object or person, detonating one or more explosive devices in close proximity to that object or person, directing a source or energy against that object or person, or any other undeveloped means."

Time is of the essence. With this sense of urgency, World Citizens and Leaders must now come together to activate the fastest growing biggest movement in history, in solidarity from all issue areas, rising above their different perspectives and issues (while simultaneously working on them), to focus on getting this bill and treaty passed into law as quickly as possible.

Congressman Kucinich is calling on all world leaders to sign the Space Preservation Treaty. He is calling on Canada to convene an international Space Preservation Treaty Conference. We can, together, network this nationwide in the US and worldwide, so that we do all we can to pass the U.S. legislation, the Space Preservation Act and the companion Space Preservation Treaty into U.S. national and world law while it can be done. This is doable. But the momentum of funding and vested interests is being put into place via the missile defense system to weaponize space, and that momentum is as dangerous as is deployment of space-based weapons themselves as the current administration plans to make it unstoppable by 2004.

There is no more time for more debate, controversy, or distractions. We can and must BAN ALL SPACE-BASED WEAPONS.