Despite a series of delays and an abortive launch, NASA’s Artemis Mission marks the start of man’s return to the Moon. Future missions will see manned landings and even a permanent human presence on the Moon. But who exactly owns the Moon?
Currently, the US, six other countries, and several private companies are planning their own missions to the Moon. Yet this poses questions about extra-terrestrial legality. With a growing number of nations setting the Moon in their sights, clear legislation will be required to avoid conflict as states lay claim to craters, natural resources, and even territory.
Belgium, which has previously sent three people into space, would like to play a part in how mankind moves into space. To fill this legal void, the country has created a new working group (operational from April 2023) within the United Nations Committee for the Peaceful Uses of Outer Space (UNCOPUOS), RTBF reports.
The scramble for the Moon
While the legal framework for lunar exploitation is not clear, some existing treaties dictate the conduct of nations in space.
The 1967 Space Treaty, which has been ratified by all the main space powers, enshrines the principles of freedom of access to celestial bodies, such as the Moon and Mars, and also prevents nations from laying claim to all or part of space.
However, this treaty is open to interpretation. Though it prevents claims on territory, it makes no reference to resources, which nations may seek to exploit in the future.
"There is a certain ambiguity in this text which allows some nations, like the United States, to consider that it is talking about space, not resources, which they see as justification for exploiting resources,” Jean-François Mayence, legal affairs advisor at Belspo, told RTBF.
On the Moon, for example, there are vast reserves of helium-3, which may be useful for future nuclear technologies. Water on the lunar surface may also prove to be indispensable for creating a permanent human presence on the Moon’s surface. The majority of the Moon’s exploitable resources are found in the poles and could be subject to fierce competition.
Conflicting treaties and agreements
The 1979 Moon Treaty protects resources on the Moon and other celestial bodies as the “common heritage of humanity.” But it was not signed by any spacefaring nation.
This treaty does not forbid the use of resources in space, but signatories must agree beforehand to share resources equitably. However, exploitation without ownership is a difficult concept to practice.
“In the economy in which we live it is difficult to imagine exploitation without ownership, otherwise you cannot sell your product,” explains Mayence.
To complicate matters, global space powers have shown little regard for the treaty and often make their own rules. For instance, the US (which carries out more extra-terrestrial activities than any other nation) allows private companies to “develop activities and make use of certain resources on celestial bodies.”
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In the context of the Artemis mission, the U.S has signed a series of bilateral agreements with other countries known as the Artemis Accords, which oblige nations participating in the project to tow the U.S line.
“To participate in the Artemis missions, we are more or less obliged to sign these agreements. The Americans, having more resources than the Europeans, will be on top, so we will take the crumbs,” laments Yaël Nazé, FNRS astrophysicist at the University of Liège.
Belgium as a cosmic arbitrator
In Europe, the overlapping and conflicting treaties which already exist are set to pose problems for nations hoping to cash in on lunar resources. As Belgium has signed the Moon Treaty, it will not be able to sign new agreements on the exploitation of resources. Yet it is part of the ESA, which works as part of the Artemis mission. This creates a confusing patchwork of legislation.
Nations who have refused to sign up to treaties are also now left with a golden chance to scramble for resources and claim them as their own. “We are in a great void. If the Chinese and Americans want to exploit the same crater, how will we solve the problem?” Nazé asks.
Belgium hopes to provide a solution. Along with Finland and Germany, the UN working group hopes to set up a series of “good practices”, falling short of binding laws and treaties. These could protect celestial bodies from exploitation in the years to come. and could see Belgium play a role as an impartial arbiter of the cosmos.
