Moon Treaty

It was noted that since the 1967 Outer Space Treaty was signed, technologies and society evolved, requiring a redefinition of the rights and responsibilities of citizens and governments alike in the use and development of outer space.[6] The primary stated objective of the 1979 Moon Treaty is "to provide the necessary legal principles for governing the behavior of states, international organizations, and individuals who explore celestial bodies other than Earth, as well as administration of the resources that exploration may yield."[6] It proposed to do so by having the state parties produce an "international regime" that would establish the appropriate procedures (Article 11.5).[6][7]

The Moon Treaty proposes to establish an "international regime" or "framework of laws" that apply to the Moon and to other celestial bodies within the Solar System, including orbits around or other trajectories to or around them.[3][7]

The Moon Treaty lays several provisions outlined in 21 articles.[3] In Article 1, the treaty makes a declaration that the Moon should be used for the benefit of all states and all peoples of the international community.[8] It reiterates that lunar resources are "not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means."[8] It also expresses a desire to prevent the Moon from becoming a source of international conflict, so that the resources should be used exclusively for peaceful purposes. To those ends, the treaty lays several provisions, and some of these are paraphrased below:[3]

An artificially colored mosaic constructed from a series of 53 images taken through three spectral filters by Galileo's imaging system as the spacecraft flew over the northern regions of the Moon on 7 December 1992. The colors indicate different materials.

• Bans any military use of celestial bodies, including weapon testing, nuclear weapons in orbit, or military bases. The use of military personnel for scientific research or for any other peaceful purposes shall not be prohibited. (Article 3.4)
• Provides a framework of laws to establish an international cooperation regime, including appropriate procedures, to govern the responsible exploitation of natural resources of the Moon. (Article 11.5)[9]
• Bans altering the environmental balance of celestial bodies and requires that states take measures to prevent accidental contamination of the environments of celestial bodies, including Earth. (Article 7.1)
• The orderly and safe use of the natural lunar resources with an equitable sharing by all state parties in the benefits derived from those resources. (Article 11.7)
• The placement of personnel or equipment on or below the surface shall not create a right of ownership. (Article 11)
• There shall be freedom of scientific research and exploration and use on the Moon by any party without discrimination of any kind. (Article 6) Samples obtained during research activities, are hoped to be made available to all countries and scientific communities for research. (Article 6.2)
• Any areas or regions reported to have a special scientific interest, shall be designated as international scientific preserves. (Article 7.3)
• Shall promptly inform the United Nations and the public of any phenomena which could endanger human life or health, as well as of any indication of extraterrestrial life. (Article 5.3)
• State parties shall ensure that non-governmental entities under their jurisdiction shall engage in activities on the Moon only under the authority and continuing supervision of the appropriate state party. (Article 14)
• All parties shall inform the United Nations as well as the public, of their activities concerned with the exploration and use of the Moon. (Article 5)
• Any state party to this agreement may propose amendments to the agreement. (Article 17)
• Any state party to this agreement may give notice of its withdrawal by written notification to the Secretary-General of the United Nations. It will take effect one year from the date of this notification. (Article 20)[3]

When compared with the Outer Space Treaty, it reiterates most provisions, and adds two new concepts in order to address the exploitation of natural resources in outer space: to apply the concept of 'common heritage of mankind' to outer space activities, and to have the participating countries produce a regime that lays the appropriate procedures for orderly mining.[6] Multiple conferences produced no consensus on these two items.

After the 1967 non-armament Outer Space Treaty was signed, it was followed in 1968 with the United Nations convened UNISPACE, the United Nations Conference on the Exploration and Peaceful Uses of Outer Space. It was the first of a series of UN-sponsored conferences intended to create an international framework of laws to guide humanity's use of outer space resources.[6]

After ten more years of negotiations, the Moon Treaty was created in 1979 as a framework of laws to develop a regime of detailed procedures, and as such, it remained imprecise: its Article 11.5 states that the exploitation of the natural shall be governed by an international regime that would establish the appropriate procedures. In order to define this regime or laws, a series of UN-sponsored conferences took place, but brought no consensus. The continuing disagreement is based mainly over the meaning of "Common Heritage of Mankind" and on the rights of each country to the natural resources of the Moon.[6]

While the treaty reiterates the prohibition of sovereignty of "any part" of space, the current imprecision of the agreement, being called unfinished,[22] generated various interpretations,[8][23] this being cited as the main reason it was not signed by most countries.[23][24] The treaty proposes that the exploitation of resources shall be governed by an international regime (Article 11.5), but there has been no consensus establishing these laws.[23]

The agreement has been described without fruition[6] and possibly a failure[12] if it remains ratified by few countries, particularly those active in space. Only one country (India) with independent spaceflight capabilities has signed (but not ratified) the treaty.

Echoing legal experts[6] S. Neil Hosenball, who is the NASA General Counsel and chief US negotiator for the Moon Treaty, decided in 2018 that negotiation of the rules of this international regime should be delayed until the feasibility of exploitation of lunar resources has been established.[14] An expert in space law and economics summarized that the treaty would need to offer adequate provisions against any one company acquiring a monopoly position in the world minerals market, while avoiding "the socialization of the Moon."[25]

In 2020 the Artemis Accords were signed, while not mentioning the treaty, they are nevertheless challenging the treaty. At the time of the signing of the accords U.S. President Donald Trump additionally released an executive order called "Encouraging International Support for the Recovery and Use of Space Resources." The order emphasizes that "the United States does not view outer space as a 'global commons" and calls the Moon Agreement "a failed attempt at constraining free enterprise."[26][27]

With Australia signing and ratifying both the Moon Treaty as well as the Artemis Accords, there has been a discussion if they can be harmonized.[28] In this light an Implementation Agreement for the Moon Treaty has been advocated for, as a way to compensate for the shortcomings of the Moon Treaty and to harmonize it with other laws, allowing it to be more widely accepted.[29][30]

• Politics of outer space
• Space law
• Outer Space Treaty
• Treaty on Open Skies
• United Nations Convention on the Law of the Sea
• Artemis Accords
• Treaty on the Prohibition of Nuclear Weapons
• Rights of nature

Works related to Moon Treaty at Wikisource

• International Institute of Space Law - promotes the expansion of the rule of law for the peaceful use of outer space.
• Treaty Text Archived 2009-06-22 at the Wayback Machine — "Agreement Governing The Activities Of States On the Moon And Other Celestial Bodies" (1979)
• Official Treaty Site — United Nations Office for Outer Space Affairs (UNOOSA), including versions of the treaty in several languages: Arabic, Chinese, English, French, Russian, and Spanish.