The Moon, Space Race & Trade

Introduction

Earlier in January, I came across a statement on the news from an administrator at NASA who hinted that China may try to claim the moon as its territory and dominate lunar resources which saturate the Moon. China's territorial dominance in the South China Sea and the Spratly Islands alongside proposed plans to land humans on the moon by the end of the decade have been cited as reasons for this statement. The foregoing, in addition to the potential trade in lunar resources have warranted a legal and sociological discourse on Moon exploration in this issue of On Trade.

To start with, it is perhaps best to refresh our knowledge of the Moon. This might help us understand the importance of the Moon and how it may potentially be affected human exploration.

What is the Moon?

The Moon is the earth's only natural satellite. A natural satellite, in simple terms, is an astronomical body that orbits (or revolves around) a planet or another astronomical body. The Moon orbits the earth and the earth orbits the Sun. It takes the Moon about 27.3 days to orbit the earth while the earth orbits the sun in 365.2 days. After each orbit, the moon as it appears to us changes, as different parts of it are lit up and this is why we have new moons and a crescent shaped moon among others in the sky at different periods in the year. The Moon doesn't give off its own light but reflects the light from the sun so during each orbit, the part of the moon reflected is what gives us the different changes in the appearance of the moon.

Benefits of the Moon to Earth

We stare at the Moon most nights - there is even a song about 'talking to the Moon' - but the benefits of the Moon are quite numerous.

Chief among its benefits is the fact that the Moon is a source of light for Earth in the night. As the Moon reflects the Sun's light, we see the 'near side' of the Moon on most nights.

What is more, the orbit of the Moon around the Earth and of the Earth around the Sun is what gives us a sense of time - in terms of day and night, seasons and years. Further, the effects of the gravity of the Moon and the Sun on Earth results in the tides of the oceans and in the rising and falling of the sea level.?

Privatisation and Commercialisation of the Moon

Trade is a essential part of human interaction and life on Earth. In most cities today, one can almost feel the commercial spirit that fuels the city, and this is true of almost every street on Earth. This commercial spirit that permeates most city streets and conversation has evolved to involve the moon in deliberations. Just as the earth in rich in minerals such as Crude Oil which is explored, mined and used for a variety of activities, research suggests the Moon is rich in rare lunar minerals with potential commercial, industrial and military uses.

The presence of minerals on the moon and the potential benefits for governments and private actors has seen increased interest in Moon exploration. In 2022, the Adam Smith Institute recommended in a report that the Moon be divided into parcels of land assigned to countries who in turn could rent out spaces to businesses on the moon. This was from the point of view that Moon exploration and commercialisation could end poverty, boost space tourism, exploration and discovery.?

At this point it becomes necessary to confirm the position of the law on the exploration and commercialisation of the Moon.

International Space Law?

The Treaty on principles governing the activities of states in the exploration and use of outer space, including the moon and other celestial bodies (Outer Space Treaty) forms the backbone of international space law and is an acknowledgment of the human potential to use space for both the positive and the negative. It was signed 27 January 1967 and entered into force 10 October 1967. China, Russia and the United States of America are among its 112 state parties. It has 17 Articles which outline an agreed legal framework for space exploration. Article I stipulates that space exploration including moon exploration and use should be for the benefit and interest of all countries, without discrimination. It also encourages international co-operation and free access to all areas of celestial bodies.

From the tenets of this first article, there should be nothing like a space race and all state parties should be actively sharing information for global benefit. In reality, there might be room for improvement in information sharing and this may reduce fear of another country's space exploits. Article II frowns on national appropriation by claim of sovereignty, occupation or other means. Again, this should ordinarily be sufficient to help states feel secure about exploration by other states but given the prevalence of disregard for international Treaties, there may not be much faith among state parties.

On its potential for warfare, Article IV of the Outer Space Treaty prohibits the placement of weapons of mass destruction in orbit around the Earth, on the Moon, or on any other celestial body and stresses the exploration and use of the Moon and other celestial bodies for peaceful purposes.

For its part, the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (Moon Agreement) highlights legal principles meant to guide the exploration of states, organisations and individuals who explore outer space. The Moon Agreement was signed in 1979 and has 11 signatories. It however hasn't been ratified by the United States, Russia or China, leaving questions on its relevancy and enforcement. Much like the Outer Space Treaty, the Moon Agreement stresses peaceful exploration of outer space across most of its Articles. Article 7 of the Moon Agreement is worthy of special mention for it encourages that states take measures to prevent the disruption of the existing balance of the Moon's environment through the introduction of contaminating, extra-environmental matter or otherwise. In the same breath, it also encourages state parties to take measures to avoid harmfully affecting the environment of the Earth through the introduction of extra-terrestrial matter or otherwise.

The next segment considers potential effects of moon exploration in allusion to safety of the environment as Article 7 of the Moon Agreement provides, however a thought is given here to the wording and enforcement of the Outer Space Treaty and the Moon Agreement. As with almost every subject under international law, enforcement is always a bit dicey. This often is reflected in the wording of international instruments which more often than not, stems towards 'encouraging' or 'discouraging' but not towards establishing stiff punishments, or criminalising harmful actions. This is worrying because commercialisation and privatisation of space exploration can present legal challenges with respect to these agreements. At the moment, some private companies have expressed interest in mining lunar resources and this may be interpreted as a violation of the Moon Agreement's prohibition on appropriation. Similarly, the establishment of private colonies or bases on the Moon may spur considerations about whether they constitute military bases in violation of the Outer Space Treaty.

In the absence of a proper watchdog or mechanism for enforcement, the violation of international space laws, including the Outer Space Treaty and the Moon Agreement, could have serious consequences for the international community. Violations could see increase in diplomatic tensions, result in international sanctions, and potential military conflict. Whether sanctions would result in a change in state behaviour is another question, especially given that the United States, Russia and China which have designs on sending humans to space haven't ratified the Moon Agreement. At any rate, violations could undermine the principles of international cooperation and peaceful use of space that these agreements seek to promote.

Effects of Moon Exploration

To this writer, the safety of the Moon and the Earth is a key highlight in space exploration - especially Moon exploration, for while Moon exploration has the potential to bring many benefits, such as the development of new technologies, increased trade among states, the creation of jobs, and the advancement of scientific research, there are also potential negative effects, such as the potential damage to the Moon's environment and the risk of conflict between states over resources. It is thus essential that these potential negative impacts are mitigated through responsible as well as sustainable Moon exploration efforts. This becomes more pressing when we recall the benefits of the Moon highlighted above as a source of light, a time-keeper and an influence on ocean tides among others. An imbalance to this could be deadly for the Earth. Without the Moon, the Earth might be exposed to Sunlight 24/7 and worse, get scorched.

The effects of moon exploration can be compared to the effects of oil exploration on the environment and society. Just as oil exploration has brought significant economic benefits and development, it has also had negative impacts on the environment and has led to conflict over resources. This makes it critical to approach moon exploration in a responsible and sustainable manner, and is the central theme of this issue of On Trade. Moon exploration should heed lessons learnt from Oil exploration as it doesn't just affect the Moon but Earth as well.

Conclusion

The level of innovation among us as humans is phenomenal and mind blowing. The potential for growth within and outside the Earth is boundless. However, this need not come at the cost of the Earth's environment or that of the Moon. It is thus crucial to approach moon exploration, commercialization, and privatisation in a responsible and sustainable manner and in line with international laws and guidelines. This will ensure that the positive effects of Moon exploration?are realised, and negative impacts are minimized.

Since the bulk of space exploration is undertaken by developed countries, in the spirit of the international agreements considered above, it also becomes necessary that international cooperation and collaboration be prioritized among developed, developing and underdeveloped states to promote peaceful exploration and use of outer space. Increased international cooperation and collaboration could help to address some of the challenges posed by moon exploration and commercialisation. By working together, states and private actors can share resources, expertise, and knowledge. The result will be a more sustainable and equitable future for space exploration and use. This will also ensure that the Earth remains habitable for us.