Buzz Aldrin called the moon a tremendous silence when he set foot on the earth’s satellite.
A number of countries and companies are examining the lunar surface for valuable resources from Earth’s satellites. But are there regulations governing the exploitation and claim of ownership of the moon?
It’s almost 50 years since Neil Armstrong became the first man to set foot on the moon.
“Small steps for a human being,” said the famous American astronaut, “but a big leap for human civilization.”
Shortly after, Armstrong’s colleague Buzz Aldring joined forces to explore the lunar surface in what is often called the Sea of Tranquility.
After descending the steps of the space shuttle Eagle, Aldrin looked at the vast empty expanse and said, “What a beautiful silence.”
Since the Apollo 11 mission in July 1969, the moon has remained completely untouched. No humans have been to the moon since 1972.
But that situation could soon change as companies express interest in exploring, and if possible, mining the lunar surface in search of gold, platinum or white metals, and other mineral resources that are increasingly rare on Earth, but vital to electronics.
Earlier this January, China flew a set of modules called Chang’e-4 on the moon. This tool managed to grow cotton flower seeds in the biosphere it built on the lunar surface.
Chang’e-4 also analyzed the opportunity to build a research center.
Meanwhile, the Japanese space company, iSpace, plans to build a transportation platform between the earth and the moon. They also talk about exploring water from the moon.
The point is that development continues and is planned to happen. So, is there a rule to ensure that the silence called Aldrin remains untouched?
Another question, can the earth’s only natural satellite turn into a political commercial land and an acquireable entity?
The potential ownership of astronomical objects has been a matter of debate since space exploration began in the Cold War era.
When the US Space Agency (NASA) their first manned flight mission, the United Nations issued a treaty related to outer space signed in 1967 by the Soviet Union, Britain, including the US.
The agreement reads, “Outer space, including the moon and other space objects, is not subject to acquisition on the basis of sovereignty, on the basis of occupation or any other reason.”
Joanne Wheeler, director of aerospace company Alden Advisers, called the agreement the ‘Magna Carta of space’. The Magna Carta, which is often called the earliest document on the recognition and protection of human rights, was published in 1215 in England.
The treaty on outer space rendered the raising of the flag on the moon, as Armstrong and the astronauts after him did, meaningless.
This means, said Wheeler, that there are no rights to space objects that are binding on individuals, companies, or countries.
In practical terms, the issue of land ownership and mining rights on the moon was not so massive in 1969. However, with the development of technology, exploitation of lunar resources has become more and more possible.
In 1979, the United Nations made a treaty regarding state activities on the moon and other space objects. The Moon Accord. The document states, space objects should be used for peaceful purposes.
The UN must also know the reasons and the point of building each space station.
The treaty also states, “the moon and its resources are a common heritage for all mankind.” Not only that, an international body should be formed to manage the exploitation of every available resource, if the project is feasible.
The problem is that only 11 countries have ratified the international agreement, including France and India. The biggest space explorers, namely China, the US, and Russia have not ratified it—including the UK.
Wheeler assesses that it is not easy to press for the implementation of the agreement. Each country applies every treaty they agree to to the national legal system and is obliged to ensure every resident and legal entity complies with it.
Prof. Joanne Irene Gabrynowicz, former head of the Journal of Space Law, agrees that international agreements do not guarantee anything. Law enforcement, according to him, is a complex step that involves elements of politics, economy, and public opinion.
And international treaties that do not recognize the ownership of space objects by a country are now facing its biggest challenge.
In 2015, the US passed the Space Business Competition Act. The regulation recognizes their citizens’ ownership of the asteroid resources that were successfully acquired.
The regulation does not apply to the moon, but the basic principles will probably be applied to bigger things.
Eric Anderson, founder of space exploration company Planetary Resources, described the law as ‘the largest property rights recognition in history.
In 2017, Luxembourg passed a domestic regulation that recognizes the right of everyone to own space objects. The country’s deputy prime minister, Etienne Schneider, said the policy would make his country a pioneer and leader in this field.
The desire to explore and make profits from outer space continues to emerge. A number of countries also seem to be increasingly showing their intention to help space corporations.
“Mining, whether with the aim of bringing existing material to Earth or storing and developing it on the moon, is completely against the obligation of not destroying anything in space,” said Helen Ntabeni, attorney at Naledi Space Law and Policy.
Ntabeni assessed that the US and Luxembourg would violate the provisions issued by the UN.
“I am skeptical that the high moral standards that every country has the same right to explore outer space will persist,” he said.
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