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Humans were the first to go to the moon half a century ago, but it remains largely unexplored and untouched to this day, and humanity can not agree on how to do business there. After all, who owns the moon?
Fifty years after the birth of Neil Armstrong "A small step" on July 20, 1969, on the surface of the Moon, the race to reach again the celestial body closest to Earth – yet still so distant – seems to be in full swing.
The interest for the only natural satellite on our planet increased for about three years, between 1969 and 1972, then decreased with the cancellation of the rest of the Apollo program.
However, it has recently been rekindled as more and more countries join the new space race – this time less of a quest for fame or science, and more fueled by the idea of potentially using natural resources from the moon.
As newcomers share their plans for the future exploration of the moon and as established nations such as the United States and Russia plan for a return to the moon, many questions arise.
Who does the moon belong to?
Technically, nobody – or rather all of humanity. The Outer Space Treaty, which came into force in 1967 (two years before the first lunar landing), explicitly states that the exploration and use of the Moon "Will be executed in the interest and in the interest of all countries" and in no case can be "Subject to national ownership by claiming sovereignty" or any other means.
This makes exploration and all peaceful research activities related to the Moon free for anyone with sufficient resources and willingness to do so – but excludes the possibility of exploiting lunar resources.
Why the moon?
If sovereignty can not legally be claimed for the smallest part of what has long been considered a dead rock of space, why are almost all countries aspiring to space so enthusiastic about it? ? In short, because of prospects for future space exploration.
It turns out that the moon has resources that could greatly advance space exploration and exploitation. One of these resources is water. Traces of ice in the form of ice were discovered by an Indian mission in 2008.
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The water perspective has given rise to permanent core dreams on the moon, using lunar ice as a source of rocket propellant for more ambitious space journeys, such as going to Mars and beyond.
India is now preparing to launch its second mission to the South Lunar Pole, in search of water.
Russia and the United States also plan to launch their own lunar resource exploration missions in 2021 and 2023 respectively, while China is looking to send a whole series of probes.
In addition, the Moon would harbor large deposits of helium-3, a rare isotope that scientists say could be used to power nuclear fusion reactors not yet invented.
Can the Moon become a zone of conflict at any time?
This type of international competition naturally raises the disturbing idea that a war could break out.
Existing international treaties prohibit the "Establishment of military bases, installations and fortifications" on the moon, as well as testing all the weapons there.
In fact, the Moon is even better protected than the Earth itself, because the Outer Space Treaty only prohibits weapons of mass destruction in Earth orbit.
Can a private company claim part of the surface of the moon?
While national governments are not allowed to claim lunar lands, the case is a little more complicated for businesses.
The OST states on the one hand that its provisions apply to the activities of governmental and non-governmental entities. On the other hand, the treaty does not explicitly stipulate which private companies are allowed or prohibited in space.
This is not surprising, since it was written at a time when only a handful of science fiction writers had imagined that private space exploration could be a thing (Robert Heinlein, "The man who sold the moon" to be an example).
What does the OST say is that "The activities of non-governmental entities in outer space, including the Moon and other celestial bodies, require permanent authorization and control by the appropriate State Party to the treaty." It certainly looks like an escape route big enough to get a rocket through.
Can companies legally extract resources from the moon?
Unlike issues of sovereignty over celestial bodies or the militarization of space, economic activities beyond the Earth do not seem to be completely regulated at the international level.
The OST only says that the "use" from the moon "Will be free" for all nations without any discrimination, as long as they claim no part of its surface for themselves.
In other words, the OST does not openly permit the extraction of resources from the Moon for commercial purposes, but does not forbid anyone to do so either.
The Russian space agency Roscosmos however said in 2017 that claiming resources extracted from a celestial body is equivalent to claiming a part of that body.
Russia's objections were based on a law adopted in Luxembourg that boasted of being "The first European country to have put in place a legal framework for space exploration and the use of space resources."
The United States, however, was the first country to adopt a law allowing the extraction of "Space resources". The US 2015 Commercial Space Launch Competition Law gave Americans the right to: "Own, own, transport, use and sell" resources extracted from the Moon or other celestial bodies.
What about other celestial bodies?
Until now, the rules set forth in the Outer Space Treaty apply to any celestial body located beyond the Earth – which means the Moon, Mars and even the most small asteroid. This means that we are unlikely to see & # 39; Star Wars & # 39; soon, but the issue of the exploitation of space resources remains complex.
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And after?
At the present time, no country or enterprise has the technology to successfully extract the resources of celestial bodies. The projects of permanent bases on the lunar surface are still far from becoming reality.
Roscosmos recently considered creating a lunar base around 2040 or so. NASA has a more ambitious timetable, which is to establish "A sustained presence" on Earth's satellite by 2028. China also indicated that it could build a research base near the South Pole of the Moon by 2030. This means that any potential competition conflict between "Space resources" is at least a decade, if not longer.
However, if legal problems are not solved as nations and companies develop space-based technologies, there will be a great temptation to claim not only resources, but also celestial bodies, which will lead to a situation in which some parts of the space will not be "free for all" the humanity more.
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