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space is the same as its application to activities in other environments, such as the land, sea, air,or cyber domains.14.10.3 Outer Space Treaty Restrictions on Military Activities. The Outer Space Treatyimposes restrictions on certain military operations in outer space.Other treaties may also impose restrictions on military activities in outer space. Forexample, the Treaty Banning Nuclear Testing in the Atmosphere, Oceans, and Outer Space(Limited Test Ban Treaty) prohibits nuclear weapon test explosions in outer space. 15614.10.3.1 Restriction on Nuclear Weapons and Other Kinds of Weapons of MassDestruction in Outer Space. Article IV of the Outer Space Treaty provides that “States Parties tothe Treaty undertake not to place in orbit around the Earth any objects carrying nuclear weaponsor any other kinds of weapons of mass destruction, install such weapons on celestial bodies, orstation such weapons in outer space in any other manner.” 157The prohibition on placing weapons of mass destruction “in orbit around the earth” refersonly to their placement in full orbit around the Earth; thus, the Outer Space Treaty does not banthe use of nuclear or other weapons of mass destruction that go into a fractional orbit or engagein suborbital flight. 158 For example, intercontinental ballistic missiles (ICBMs) will travel aportion of their trajectory in outer space; but because ICBMs would enter outer space onlytemporarily, their entry into outer space with nuclear warheads would not violate thisprohibition. 159 By contrast, some arms control treaties have prohibited the production, testing, ordeployment of systems, including missiles, that place nuclear weapons or other weapons of massdestruction into either full earth orbit or a fraction of an earth orbit. 160156 Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space and Under Water, art. 1, Aug. 5, 1963,480 UNTS 43, 45 (“Each of the Parties to this Treaty undertakes to prohibit, to prevent, and not to carry out anynuclear weapon test explosion, or any other nuclear explosion, at any place under its jurisdiction or control: (a) inthe atmosphere; beyond its limits, including outer space; or under water, including territorial waters or high seas;”).157 OUTER SPACE TREATY art. IV (“States Parties to the Treaty undertake not to place in orbit around the Earth anyobjects carrying nuclear weapons or any other kinds of weapons of mass destruction, install such weapons oncelestial bodies, or station such weapons in outer space in any other manner.”).158 See I NANDASIRI JASENTULIYANA & ROY S. LEE, MANUAL ON SPACE LAW 13-14 (1979) (“The phrase ‘orbitaround the earth’ in the first paragraph of this Article means that an object must be placed in a full orbit around theearth before it comes within the prohibition of the Treaty. Therefore an object in a fractional orbit or suborbitalflight is not intended to be covered. This was the clear intention of the drafters of this Article.”).159 Staff Report prepared for the use of the Committee on Aeronautical and Space Sciences, United States Senate,Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including theMoon and Other Celestial Bodies: Analysis and Background Data, 26 (Mar. 1967) (“The treaty does not change theearthly situation with regard to ICBM’s, but seeks to achieve on celestial bodies a form of demilitarization which isdeemed feasible from military and political viewpoints.”).160 For example, Treaty Between the United States of America and the Union of Soviet Socialist Republics on theReduction and Limitation of Strategic Offensive Arms, Jul. 31, 1991, U.S.-USSR, Article V(18)(c), S. TREATY DOC.NO. 102-20, which expired December 5, 2009.925

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