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Permanent presence on the Moon calls for new agreements

NASA plans to establish a permanent Moon Base around 2030. But what about ownership, access and raw materials? Treaties provide guidance, but additional agreements are needed to prevent future conflicts, says space law expert Louisa Handel-Mazzetti on radio programme ‘De Rode Draad’.

According to Handel-Mazzetti, the guiding principle must remain that the Moon should be accessible to everyone. Although the 1967 Outer Space Treaty states that space may be used only for peaceful and scientific purposes, she argues that it is becoming increasingly difficult to apply these principles in the case of a long‑term human presence. ‘States are not permitted to appropriate parts of celestial bodies,’ she explains. She considers a small international settlement defensible, but it becomes problematic when countries claim large areas exclusively and deny others access. That would put the prohibition on appropriation at risk.

‘In the Artemis Accords, the United States proposes granting other countries so‑called visitation rights in order to prevent appropriation.' How this should be enforced in practice, however, remains unclear, Handel-Mazzetti notes. At the same time, geopolitical interests are playing an increasingly prominent role in space exploration. The United States aims to maintain its leading position, while China and other major powers are also expanding their ambitions. According to the space law expert, ‘commercial activities are possible under certain conditions, provided that the benefits do not accrue exclusively to a single country or company.’ Precisely for that reason, she argues, clear international agreements are essential to prevent space exploration from giving rise to new forms of territorial power politics.

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Listen to the broadcast of De Rode Draad (BNNVARA) (in Dutch)

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