The Outer Space Treaty regime faces significant obstacles as Member States push against the rules governing military activities and economic exploration in space. These obstacles could lead to the ultimate collapse of the Outer Space Treaty system. While significant, these issues are not unique – the Antarctic Treaty System faces several of the same issues with the same potential result. This article presents a thematic comparison of the treaties and their respective rules, including their treatment of military activities, the appropriation of territory, transparency and mutual observation, and dispute settlement. The article culminates in an analysis of the obstacles facing both treaty systems and the geopolitical scenarios that could destroy one or both treaty regimes in the near future. These obstacles include military conflict and competing territorial claims, as well as growing private interest in the economic possibilities available in both outer space and Antarctica. By comparing the two treaty systems, analysts can better understand the fault lines of these treaties and how lessons learned from one treaty can be used to better analyse the other.
Air and Space Law