The Corparation wrote:We could do one shuttle launch and we'd would have had a satellite that could theoretically shoot down the entirety of the USSR's land based arsenal.
And what do you imagine the U.S.S.R. would have done if we'd tried to bring such a system on line?
"Oh, they'd have done nothing at all, 'cause we're the Good Guys™"
<pause>
So, reverse that: What would we have done if the Soviets had tried to bring such a system on line?
"Oh, we'd have nuked their asses off in a preemptive strike, because the minute they were missile-proof, you know that's what they'd do to us."
<pause>
None of you lived through virtually the entire Cold War. Back then, building any kind of an effective missile shield would have been seen as tantamount to an act of war.
A far more interesting aspect of the Outer Space Treaty is that nations can't claim celestial objects (even in part). This creates some interesting legalities around potential lunar or Martian settlements: Presumably, the nation establishing such a settlement would appoint someone as its "commanding officer" (presumably, the same way a ship's captain or the pilot of an airplane is in charge while that craft is in or over international waters), and that person would be "in charge" of the settlement. From there, "local" criminal and civil law would depend on the settlement's "flag". The treaty makes no allowance for anything remotely resembling local self-government, which is probably how it's going to come to an end someday.
Back when Alessandro Bassi briefly ran Lunar Wars (2007-2009), I pondered how lunar colonies might actually operate as "political" entities under the 1967 treaty. What I imagined was that the various colonies represented in the game were busily mining and selling the raw materials needed to build new O'Neill habitats at L4 and L5; these rotating human colonies would probably be "flagged" under the authority of some Terrestrial government or another, and would likely have one or more local "territorial" courts operating under their law (I mean, is there any reason why a U.S. judge couldn't hold court on a ship at sea or on a plane?). From there, I figured that someone had filed a personal or corporate claim to the use of a particular patch of lunar soil with one or another of those courts on one or another of the many habitats under construction; the mining outpost located at the claim site would then be "flagged" to match the claim, and local "law" would simply "follow the flag".
Of course, in the rough-and-tumble world of late 21st Century corporate wars, much of this would be a façade: There would be governments like the Cayman Islands making money by allowing you to essentially use their flag to establish a "territorial" court that would pretty much live in your pocket and do whatever you wanted. This would probably result in L4- and L5-based "court corporations" that would then be operating more or less as free agents, taking claims and issuing certificates "flagging" your settlement accordingly. The "wars" part of Lunar Wars, I figured, was all about claim jumping: You'd move in with muscle, drive the other guy off a rich spot of lunar turf, and then file suit in your favorite court, seeking to have the other guys' claim thrown out and yours accepted as "legal" in its place; possession of the ground would allow you to scour the lunar terrain for "markers" intended to establish rival claims while planting your own. Of course, the other side would be counter-suing you in their preferred courts in order to buy the time needed to drive you off the claim, and everyone would be filing motions to see where the case finally ended up, all as the fighting on the Moon took on the flavor of a game of musical chairs, with the winner being the one who could hold the claim at the time "legal discovery" verified its validity.
<smile>
The point is, developing outer spaces is going to be great fun under the current treaty arrangements, because nothing in the 1967 accord prevents private exploitation; what the treaty does prevent are state claims to extraterrestrial territory — and that includes claims by "new" extraterrestrial "nations" that might try declaring themselves independent of the Earth.
ADDENDUM: I've also imagined something similar happening on the ocean bottom beyond the current territorial limits, should truly deep-water extraction operations ever become a reality. Corporate submarine wars could be every bit as fun as wars on the Moon...