Unifying Outer Space: Creating a Cohesive Structure Surrounding Mining on the Moon

Abstract

In light of the renewed global interest in Earth’s sole natural satellite, this Article ventures into the intricate legal dynamics shaping the development of a lunar mining industry.

It starts by illuminating how various models of Outer Space governance can influence three critical aspects of lunar mining: (i) resource ownership rights, (ii) adherence to a non-interference policy, and (iii) commitment to environmental protection. The analysis encompasses a range of legal structures, including (a) the U.N. Outer Space treaties; (b) Alliance-based frameworks such as the Artemis Accords led by the United States, the International Lunar Research Station driven by China, the Principles proposed by the Moon Village Association, and the Building Blocks Framework spearheaded by the Hague International Working Group; as well as (c) national legislations related to space resources coming from the United States, Luxembourg, the United Arab Emirates, and Japan.

Addressing the potential confusion that can stem from this diverse legal landscape, the Article proposes the creation of a unifying authority that can streamline this fragmented landscape. Drawing on precedents, the Article underscores the proposed agency’s alignment with existing Outer Space governance paradigms. It then argues for this organization’s formation under the auspices of the United Nations and provides recommendations on its structure, membership, leadership, and governance.

Through the successful implementation of this proposal, this Article hopes that the Moon becomes the epicenter of a thriving mining industry set to fuel humanity’s further exploration of the universe.

Keywords: space law, space policy, outer space, moon governance, lunar mining

JEL Classification: K10, K33