Mining the Moon: Who sets the rules?
In the media image: NASA on Unsplash
While outer space has been explored peacefully for decades, clear rules on lunar mining are lacking. Space law expert, Tanja Masson-Zwaan, told the BBC that international cooperation is urgently needed to prevent conflict and legal uncertainty.
For over half a century, space has been explored peacefully under international agreements, with the 1967 Outer Space Treaty serving as the foundation. Often described as the ‘constitution of outer space’, the treaty contains 17 articles outlining key principles such as peaceful use and international responsibility. According to Masson-Zwaan, ‘the treaty has been effective in preventing conflict in space.’ States remain responsible for their activities, including those of private companies, and can be held liable for damage caused by their space objects. However, the rise of commercial space activity is raising new questions. A key issue is whether resources found on celestial bodies – such as water or minerals on the Moon – can be owned. While the treaty prohibits national appropriation of outer space, it leaves room for interpretation regarding the use of resources.
The later ‘Moon Agreement’ sought to address this by calling for an international system to govern lunar resource exploitation. Major spacefaring nations, including the United States and China, have not signed the agreement, limiting its impact. Instead, some countries have introduced national laws to provide legal certainty for companies investing in space resource extraction. This has led to a fragmented legal landscape, with no universally accepted international framework. To address this gap, experts are working on new guidelines. One proposal includes establishing ‘safety zones’ around lunar mining operations to prevent interference and mitigate risks, such as damage caused by space debris. ‘These zones should be temporary, limited in size, and internationally registered.’
According to Masson-Zwaan, a new global treaty through the United Nations is ‘unlikely in the near future, as states are reluctant to commit to binding agreements. The focus is therefore shifting toward soft law: non-binding guidelines that can be implemented at the national level.’ The coming years will be crucial in determining how humanity manages the economic potential of space, and whether cooperation will continue to prevail.
More information
Listen to the BBC audio fragment (from 16.30 min)