Some companies are seriously considering mining on the moon. But are there any rules that govern this process, and who, in principle, owns the treasures of the lunar interior?
It has been almost 50 years since Neil Armstrong became the first person to walk on the lunar surface. "This is one small step for man and a huge leap for mankind," the American astronaut said at the time. This phrase has become a catch phrase.
Then he was joined by his colleague Buzz Aldrin. Descending the steps of the Eagle lunar lander, he looked at the desert landscape and said, "Magnificent desolation."
They were part of the Apollo 11 mission in July 1969. The last time a person walked on the moon was in 1972, but the situation may change dramatically in the near future.
Several companies have already announced their desire to conduct exploration work there and, if possible, start mining minerals, which include gold, platinum and other rare elements on Earth.
In early January, the Chinese space probe Chang'e-4 landed safely on the far side of the moon on its first attempt. The station carried out the first experiment on growing plants on the moon, as a result of which the seeds delivered there sprouted.
Scientists hope to apply the test results to the creation of a lunar experimental base.
The Japanese company iSpace plans to create an Earth-Moon transport platform and conduct studies of solid water in craters at the Moon's poles.
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Given what is going on, are there any laws that would protect the desolation Aldrin described? And can the only natural satellite of the Earth become a place of commercial and political turmoil, which is divided for the sake of mining?
The belonging of celestial bodies began to be discussed from the very beginning of man's flight into space, that is, during the Cold War. While NASA was planning to send the first astronauts to the moon, the UN drew up a treaty on outer space, which was signed in 1967. Among the countries that approved it were the USA, USSR and Great Britain.
It said: "Outer space, including the moon and other celestial bodies, is not subject to national appropriation either through the proclamation of sovereignty over them, or through use or occupation, or by any other means."
Alden Advisers CEO Joan Wheeler calls the agreement the Magna Carta in space. Thanks to its existence, hoisting the national flag on the moon (which is exactly what Armstrong and other astronauts did) means absolutely nothing, because legally no one can “stake out” the territory there - not a person, not a company, not a country, Wheeler said.
In a practical sense, until 1969, the question of the rights to own the territories of the Moon and the development of its bowels was irrelevant. But thanks to the development of technology, commercial mining on Earth's satellite no longer seems like a fantasy from the distant future.
In 1979 the UN adopted the Agreement on the Activities of States on the Moon and Other Celestial Bodies, which is also called the "Lunar Agreement". It proclaims the principle of exclusively peaceful use of the moon and emphasizes that the construction and choice of location of lunar stations must be coordinated with the UN, explaining the reasons for their construction.
The document states that the Moon and its minerals are the common heritage of all mankind, and the participating states undertake to "establish an international regime, including appropriate procedures, to regulate the exploitation of the natural resources of the Moon when it is obvious that such exploitation will become possible in the near future." …
The main problem with the "Lunar Agreement" is that only 11 countries have ratified it. Among them are France and India. Other countries with space programs, including China, the United States and Russia, have not signed the document. Britain also remained on the sidelines.
Keeping track of the agreements' provisions is extremely difficult, Wheeler said. This should be done by the countries themselves that have signed these documents and have incorporated them into their legislation. They must ensure that individuals and companies follow the letter of the law.
Former editor-in-chief of the Space Law Journal, Joan Irene Gabrinovich, believes that international agreements do not guarantee anything. Their implementation is influenced by a mixture of politics, economics and public opinion, she said.
In recent years, existing agreements prohibiting states from taking possession of celestial bodies have been actively tested for strength.
In 2015, the United States passed the Commercial Space Launch Competition Act, which outlines the right of citizens to extract minerals from asteroids. It will not spread to the Moon, but its mechanism of action can in principle be expanded.
Planetary Resources co-founder Eric Anderson called this law the greatest recognition of property rights in history.
In 2017, a similar law was passed in Luxembourg. It talks about the ownership of resources found in space. Deputy Prime Minister Etienne Schneider said that this law would make Luxembourg a European pioneer and leader in this area.
The drive for research and commercialization is certainly there. More and more countries are willing to help companies in this.
“It is clear that extracting minerals, either for transport to Earth or for use in production on the Moon, is the complete opposite of the 'do no harm' principle,” said Helen Ntabeni, a lawyer for Naledi Space Law and Policy.
According to her, one can say that the United States and Luxembourg unceremoniously refused to comply with the provisions of the treaty on outer space. “I very much doubt that the highly moral principle of joint space exploration by countries with equal rights will be preserved,” she said.
Justin Parkinson
