Daily Archives: October 21, 2020

New Fait Accompli in Space: the Artemis Accords

Seven countries have joined the United States in signing the Artemis Accords on October 13, 2020, a set of principles governing norms of behavior for those who want to participate in the Artemis lunar exploration program: Australia, Canada, Japan, Luxembourg, Italy, the United Arab Emirates and the United Kingdom….The accords outline a series of principles that countries participating in the Artemis program are expected to adhere to, from interoperability and release of scientific data to use of space resources and preserving space heritage. Many of the principles stem directly from the Outer Space Treaty and related treaties.

NASA was originally focused on having the document apply to lunar and later Martian exploration. Japan wanted to include asteroid and comet missions as well, based on that country’s program of robotic asteroid missions like the Hayabusa2 asteroids sample return spacecraft. The document now includes asteroid and comet missions, as well as activities in orbit around the moon and Mars and the Lagrange points of the Earth-moon system.

NASA is implementing the Artemis Accords as a series of bilateral agreements between the United States and other countries, which allows them to move more quickly than if NASA sought a multilateral agreement under the aegis of the United Nations…Frans von der Dunk, a professor of space law at the University of Nebraska, drew parallels with development of international civil aviation regulations, which started with bilateral agreements between the United States and United Kingdom that were later copied among other nations. “That is something that will possibly happen here as well,” he said.

The bilateral nature of the accords, though, do present restrictions. China, for instance, cannot sign on, because NASA, under the so-called “Wolf Amendment” in US law, is restricted from bilateral cooperation with China.

The accords are outside the traditional UN framework of international space law – such as the UN Committee on the Peaceful Uses of Outer Space. The requirement to sign bilateral agreements with the US can be viewed as a way of trying to impose US preferences on how to regulate space on others. Russia has already stated that the Artemis Program is too “US-centric”.  India, Germany, France and the European Space Agency (ESA) have not yet signed on to the accords.

Excerpt from Jeff Foust ,Eight countries sign Artemis Accords, Space News, Oct. 13, 2020