More and more countries are joining the exclusive club of nations that have landed on the Moon: United States, Russia, China, India, Japan. And more than 150 lunar missions are now planned for the next 6 years. But there are currently no strict rules for these operations.
The number of successful moon landing attempts has continued to increase in recent years. But today there is real momentum toward the Moon, says Michelle Hanlon, professor of space law at the University of Mississippi.
Some 150 missions are planned over the next six years. These include flights with people on board – probably from the United States in 2027 and from China in 2030.
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Lunar South Pole Water Race
The rocky moon contains raw materials such as rare metals needed for cell phones and computers.
But the discovery of water on the Moon ten years ago made our natural satellite even more attractive. Lunar water could, among other things, be used as drinking water for future long-term missions planned to the Moon, and later to Mars.
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This water is at the origin of the current race, explains the famous expert in space law. But the water is frozen at the South Pole of the Moon, which is difficult to access. What if everyone went, who would get the best seats?
Whoever gets there first will have an advantage and will likely set the first rules.
Michelle Hanlon believes that this privilege will probably go to the United States or China: “Whoever gets there first will have an advantage and will probably set the first rules.” The first arrivals would then likely establish a buffer zone around their installation and insist that those following them stay outside.
The moon belongs to everyone, but…
According to Michelle Hanlon, the appropriation of lunar lands is possible due to the contradictions of the important United Nations Outer Space Treaty of 1967signed by more than 100 countries, including Switzerland. According to the text, the Moon belongs to everyone and no one is allowed to own territory there.
But Article 12 of the Treaty states: “All stations and installations, all equipment and all space vehicles located on the Moon (…) shall be accessible, under conditions of reciprocity, to representatives of other States parties to the Treaty. These representatives will notify in advance of any planned visit (…)”.
Reading between the lines, the text can be interpreted as follows: permission must be requested from the “owners” of the facilities to be able to access them. And these “owners” set the framework. There is no owner of “lunar territories”, but there are owners of “facilities” located on the surface of the Moon…
Lunar extractivism
There is also the question of whether raw materials can be extracted on the Moon. According to the Outer Space Treaty, states can only be active on the Moon for the benefit of all humanity.
But today it is increasingly widely accepted that states and companies are allowed to mine raw materials on the Moon, says Michelle Hanlon. A right anchored in the Artemis agreementsled by the United States and signed by nearly 50 countries including, in 2024, Switzerland.
For example, paragraph 5 of the Artemis Accords requires that signatory countries “recognize that the establishment of common and interoperable exploration infrastructure and standards (…) will enhance space exploration, scientific research in space and commercial use of space.” And paragraph 10 is entirely dedicated to regulating the “extraction” and “use” of lunar resources.
Improving Artemis Chords
As a result, companies are now also flying to the Moon. Recently, two failed missions attempted to bring human ashes and a promotional drink there. This is problematic, believes Michelle Hanlon, who also works to protect historic moon landing sites with the NGO For All Moonkind.
It is high time to decide how to handle this beautiful Moon.
So what missions should you authorize? How to manage tourism on the Moon, pollution or waste of resources? Michelle Hanlon believes that these issues should be addressed in the Artemis Accords. However, neither China nor Russia is present, but they regularly participate in meetings of the United Nations Committee on the Peaceful Uses of Outer Space.
The space law expert therefore calls for greater speed: “The Moon will soon be very busy. It is high time that we decide how to manage this beautiful Moon.”
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Article original: Anita Vonmont (SRF)
French adaptation: Julien Furrer (RTS)