So what happens if the outer space treaty either is never adopted by anyone or the prominent nations on the floor of the UN respond to the one suggesting it by saying "TITS OR GTFO. LOL"? Consider that without the outer space teaty nations would be able to lay claims in space/do serious investments in space along with militarizing in Space. Also consider that without the bans on nuclear explosions in space that stuff like the Orion nuclear pulse drive gets used.
http://en.wikipedia.org/wiki/Outer_Space_Treaty