Moon Settlements

National Moon Settlements

Article II of the Outer Space Treaty adopts a strict policy against national appropriation of the Moon and other celestial bodies, meaning that under international space law, the moon is res communis, meaning it belongs to all humanity.

As a result, no nation may exercise sovereignty over the Moon or any of its regions. Laws governing future lunar settlements would need to conform to those values articulated in the Outer Space Treaty, though individual persons on the Moon, per current space law, would be subject to the laws of their own individual nations. Several key issues would therefore need to be determined in the event of planned settlement and potential interaction of persons hailing from different nation states, such as how property rights would function, and who would be responsible for inhabitants’ safety and security. 

The Artemis Accords, which have only been signed by 8 nations and does not constitute authoritative law, attempts to delineate how nation-aligned settlements on the Moon may be governed. Section 11 of the Accords calls for the establishment of “safety zones” between different lunar bases to prevent harmful interference between nations. It should also be noted that even though a nation can own a base on the Moon, no nation can own the land underneath a base under currently-accepted space law.

The multilateral agreement concerning Cooperation on the Civil International Space Station also seeks to provide helpful guidance in this area of law. The agreement addresses important commercial issues in the context of space, including customs and immigration, the exchange of data and goods, intellectual property, as well as criminal jurisdiction.

Private Property on the moon

As in the case of Martian settlements and commercial space mining, the question of whether private persons and corporations can own any part or region of the Moon is controversial. Some interpret Article II of the Outer Space Treaty to cover (and prohibit) appropriation by all parties, while others believe it leaves the door open to private appropriation. Under the latter interpretation, private persons and corporations could debatably claim Moon land as private property.

Under Article 11(3) of the Moon Agreement, however, such appropriation would be clearly prohibited. However, none of the major spacefaring nations have signed onto the Moon Agreement. By contrast, s. 10 of the US-led Artemis Accords, explicitly interpret Article II of the Outer Space Treaty to allow privatization of space and Moon resources, but the Accords do not explicitly deal with the subject of claiming land as property.

The negative implication of s. 10 of the Accords may be understood to regard Moon land as communal property of all mankind, in line with a broad interpretation of the Outer Space Treaty’s provisions.

How does the law regard commercial lunar activities? ->