GoKawiilWith NASA planning to launch four astronauts on Wednesday on its Artemis II mission, the race to return to the Moon is back on. The current mission will see astronauts aboard the Orion capsule travel around the Moon before returning to Earth in 10 days’ time. They’ll be testing out the hardware and systems that could soon see Americans standing on the Moon for the first time in more than 50 years in the Artemis IV mission scheduled for 2028. NASA isn’t ready to land people on the Moon just yet, but that’s the aim for the next five years: to not only get people onto the Moon but establish a lengthy human presence on its surface.
That’s NASA’s selling point of Artemis, compared to the Apollo missions of the 1960s and ’70s — we won’t just be visiting the Moon for a few days, but rather inhabiting it for a long period of time. Exactly how long is still unclear, but the idea is to build a Moon base that allows astronauts to live on the lunar surface for weeks or even months at a time.
That makes logistics much more complicated, as astronauts won’t be able to bring all the supplies and resources they would need along with them. Instead, they would need to make use of the limited resources that exist on the Moon, in a process called in-situ resource utilization. Rather than hauling a huge amount of water along for the ride from Earth, for example, we’ll just go and find some ice on the Moon and melt that to use instead. Simple, right?
That’s the justification underlying much of Artemis: Resources are needed to support a Moon base, so we need to build a Moon base to search for them.
It’s really not. There’s the science. And there’s the law.
The Moon’s environment is harsh and inhospitable, with dangerous space radiation, dusty material called regolith that is sharp as glass and destroys equipment, and a different level of gravity to contend with. Though less of a fantasy than the wild Mars colonization plans promised by SpaceX CEO Elon Musk, NASA’s aim to establish a base on the Moon by 2030 is still wildly optimistic. Throughout its messaging on Artemis, NASA has emphasized the importance of identifying and extracting resources from the Moon, including water for fuel, helium-3 for energy, and rare earth elements like scandium that are used in electronics. It’s hard to know how abundant these resources are until they’ve been more fully mapped and assessed, but there is at least potential value, as they are required for sustaining habitation on the Moon. And that’s the justification underlying much of Artemis: Resources are needed to support a Moon base, so we need to build a Moon base to search for them.
The agency has even described these efforts as a “lunar gold rush.” But this points to a problem with Artemis that isn’t solvable by developing new technologies: Some experts say that extracting resources from the Moon is a violation of international law.
There isn’t a huge amount of international law that applies to space exploration, but what there is is very clear in one regard: No one owns the Moon. The Outer Space Treaty (which was signed nearly 60 years ago but is still the main basis for international law in space today, if you can believe it) is very explicit regarding the principle of non-appropriation, meaning that nations can’t claim sovereignty over any body in space. But what about extracting resources? There, we get into sticky territory.
“The US considers that resource extraction is not appropriation … That is an incorrect interpretation of the Outer Space Treaty.”
“The US considers that resource extraction is not appropriation,” says Cassandra Steer, space law expert and founder of the Australasian Centre for Space Governance. Many international space lawyers, including Steer, have argued that this is unlawful. “That is an incorrect interpretation of the Outer Space Treaty. You’re trying to carve out a loophole.” After all, if a nation started digging up resources from a territory it didn’t have claim to on Earth these days, that would cause a few legal problems.
... continue reading