Tag Archives: mining the moon

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

Mining the Moon: The First Mover Advantage

The US government is starting to lay down the groundwork for diplomacy on the moon. On 15 May, 2020 NASA administrator Jim Bridenstine released a set of principles that will govern the Artemis Accords on the exploration of the moon. The accords are named after NASA’s Artemis programme, the US initiative to explore the moon, with a planned launch of astronauts to the lunar surface in 2024. Other countries are also increasingly turning towards the moon, which is concerning when a landing on the moon can send up clouds of potentially hazardous dust that travel a long way across the surface and even into orbit…

At the moment, there is little practical international law governing activities on the moon. The Outer Space Treaty of 1967 deals with general space exploration, while the more specific Moon Agreement of 1984 states that “the moon and its natural resources are the common heritage of all mankind”, prohibiting the ownership of any part of the moon or any resources from the moon….However, no nation capable of human space flight has signed the Moon Agreement, effectively rendering it moot. In fact, in April 2020, US president Donald Trump issued an executive order supporting moon mining and taking advantage of the natural resources of space.

The Artemis Accords aim to protect historic locations like the Apollo landing sites but encourage mining in other areas. They also promote transparency and communication between nations, requiring signatories to share their lunar plans, register any spacecraft sent to or around the moon and release scientific data to the public.  That transparency requirement might be a stumbling block for potential parties to the accords, says Forczyk. “I really don’t know how much countries are going to be willing to share some of their more delicate, sensitive information,” she says. “

The rest of the stipulations of the Artemis Accords are about safety: nations will be able to set “safety zones” to protect their activities on the moon, they will have to work to mitigate the effects of debris in orbit around the moon and they will agree to provide emergency assistance to any astronauts in distress.

Rather than attempting to put together an international treaty, which could be difficult to negotiate before NASA’s next crewed launch to the moon, the US will sign bilateral agreements with individual countries.

Excerpts from Leah Crane, NASA’s Artemis Accords aim to lay down the law of the land on the moon, New Scientist, May 20, 2020