Billionaires want to colonise the Moon but whether they can is complicated
No longer content with simply reaching the Moon, billionaires and major world powers have dived into a new space race. What comes next is not entirely clear.
In the 20th century, a space race emerged between the US and USSR, but in this century, billionaires and major world powers are competing to control the Moon. SpaceX's Elon Musk aims to construct a self-growing city on the Moon within a decade, a task researchers deem nearly impossible due to its lack of water. Jeff Bezos of Blue Origin also expresses a desire to colonize the Moon.
Tensions between the US and an alliance of Russia and China are reminiscent of the Cold War in this new race. The question arises: Can anyone truly own the Moon?
The 1967 United Nations Outer Space Treaty (OST) was created during the height of the Cold War to address concerns about USSR claims of sovereignty over the lunar surface. One of the treaty's key principles is that the Moon should be used exclusively for peaceful purposes, prohibiting weapons testing or military use. The OST was unanimously endorsed by the UN's General Assembly, but its limits have been tested in the decades since.
The treaty lacks provisions for mining the Moon, and only 18 nations ratified the 1979 UN Moon Agreement, which aimed to address this issue by declaring the Moon and its natural resources as the common heritage of mankind.
However, some US companies view the OST as an attempt to socialize the Moon. In 2015, a US act granted citizens and private entities the ability to own and sell space resources. Luxembourg, the UAE, and Japan have since enacted similar legislation. Space lawyer Cassandra Steer maintains faith in the OST's long-term endurance, suggesting that its non-appropriation principle in Article II is under pressure but being reinterpreted rather than discarded.
The risk that SpaceX could control access to and resources on the Moon is a concern for Steer, as the US relies on SpaceX for lunar exploration, but SpaceX could potentially deny access to other nations.
The US is developing a set of non-binding guiding principles for lunar exploration through the NASA-led Artemis Accords, aiming to reaffirm support for the OST and establish guardrails around space debris and resource use. Seventy-six nations have signed up, but Russia and China have rejected them. Dr. Hussein Badreddine of the University of Sydney advocates for a treaty under the UN umbrella addressing military activity, resource extraction, and environmental concerns.
However, any battles on the Moon would likely breach the OST's principles and the UN Charter. Despite this, the outer space treaty's strength depends on the willingness of other countries to uphold international law.
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