Space & Astronomy

Does anyone actually have the right to mine resources on the Moon ?

July 6, 2025 ·  11 comments

Could the Moon become a battleground for resources ? Image Credit: Intuitive Machines Martina Elia Vitoloni: In science-fiction stories, companies often mine the moon or asteroids. While this may seem far-fetched, this idea is edging closer to becoming reality.

Celestial bodies like the moon contain valuable resources, such as lunar regolith - also known as moon dust - and helium-3. These resources could serve a range of applications, including making rocket propellant and generating energy to sustaining long missions, bringing benefits in space and on Earth.

The first objective on this journey is being able to collect lunar regolith. One company taking up this challenge is ispace, a Japanese space exploration company ispace that signed a contract with NASA in 2020 for the collection and transfer of ownership of lunar regolith.

The company recently attempted to land its RESILIENCE lunar lander, but the mission was ultimately unsuccessful. Still, this endeavour marked a significant move toward the commercialization of space resources.

These circumstances give rise to a fundamental question: what are the legal rules governing the exploitation of space resources? The answer is both simple and complex, as there is a mix of international agreements and evolving regulations to consider.

What does the international legal system say?

The cornerstone legal instrument for space activity is the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, more commonly referred to as the Outer Space Treaty.

While space law is often considered a novel legal field, the Outer Space Treaty dates back to 1967, making it more than half a century old.

Space activities have exponentially evolved since the treaty's adoption. In the 60 years following the launch of Sputnik 1 - the first satellite placed in orbit - less than 500 space objects were launched annually. But since 2018, this number has risen into the thousands, with nearly 3,000 launched in 2024.

Because of this, the treaty is often judged as inadequate to address the current complexities of space activities, particularly resource exploitation.

A longstanding debate centres on whether Article II of the treaty, which prohibits the appropriation of outer space - including the moon and other celestial bodies - also prohibits space mining.

The prevailing position is that Article II solely bans the appropriation of territory, not the extraction of resources themselves.

We are now at a crucial moment in the development of space law. Arguing over whether extraction is legal serves no purpose. Instead, the focus must shift to ensuring resource extraction is carried out in accordance with principles that ensure the safe and responsible use of outer space.

International and national space laws

A significant development in the governance of space resources has been the adoption Artemis Accords, which - as of June 2025 - has 55 signatory nations. The accords reflect a growing international consensus concerning the exploitation of space resources. Notably, Section 10 of the accords indicates that the exploitation of space resources does not constitute appropriation, and therefore doesn't violate the Outer Space Treaty.

Considering the typically slow pace of multilateral negotiations, a handful of nations introduced national legislation. These laws govern the legality of space resource exploitation, allowing private companies to request licenses to conduct this type of activity.

To date, six nations have enacted this type of legislation: the United States in 2015, Luxembourg in 2017, the United Arab Emirates in 2019, Japan in 2021, Brazil in 2024 and most recently, Italy, which passed its law on June 11, 2025.

Among these, Luxembourg's legal framework is the most complete. It provides a series of requirements to provide authorization for the exploitation of space resources. In fact, ispace's licence to collect lunar regolith was obtained under this regime.

The rest of the regulations usually tend to limit themselves to proclaiming the legality of this activity without entering into too much detail and deferring the specifics of implementation to future regulations.

While these initiatives served to put space resources at the forefront of international forums, they also risk regulatory fragmentation, as different countries adopt varying standards and approaches.

What does the future hold?

Recognizing the need for a co-ordinated global approach, the United Nations Committee on Peaceful Uses of Outer Space created a Working Group on Legal Aspects of Space Resource Activities. Its mandate is to develop a set of general principles to guide the development of the activity.

In May 2025, the chair of the working group, Steven Freeland, presented a draft of recommended principles based on input from member states.

These principles reaffirm the freedom of use and exploration of outer space for peaceful purposes, while introducing rules pertaining to the safety of the activities and their sustainability, as well as the protection of the environment, both of Earth and outer space.

The development of a legal framework for space resources is still in its early stages. The working group is expected to submit its final report by 2027, but the non-binding nature of the principles raises concerns about their enforcement and application.

As humanity moves closer to extracting and using space resources, the need for a cohesive and responsible governance system has never been greater.

Martina Elia Vitoloni, DCL Candidate Air and Space Law, McGill University

This article is republished from The Conversation under a Creative Commons license.

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