Development of legal regulations concerning the peaceful uses of the Moon

Abstract

Considerations of the legal status of the Moon crystallized the general approach to the principal problems of space law. While the UN General Assembly resolutions 1721 (XVI), 1962 (XVIII) and 1884 (XVIII) included the first fundamental principles relevant to activities on the Moon, the Space Treaty of January 27, 1967, became the first legally binding instrument dealing with the Moon. Furthermore, some provisions of the Agreement on Rescue of Astronauts of 1968 and the Convention on Liability for Damage of 1972 apply to activities on the Moon. Nevertheless, though all these instruments may be applied to uses of the Moon, either directly or by analogy, they have remained on a general level, without distinguishing the Moon from other celestial bodies. A new initiative for a specific treaty concerning the Moon having been taken in 1971, the Legal Sub-Committee of the UN Committee on Outer Space has elaborated a draft of this new instrument. Besides established principles or rules derived from present practice, this draft includes some new elements, in particular, concerning cooperation and mutual assistance in the exploration of the Moon, protection of the lunar environment, establishment of stations and safeguard of life and health of persons. Of the issues not yet settled, the scope of validity of the treaty, the question of inclusion of circumlunar space and the problem of the utilization of lunar resources seem to be the most difficult. The last point, if not confined to reasonable limits, might jeopardize the whole draft. Neither under present regulations nor under the new draft treaty for the Moon do there exist any obstacles to the promotion, preparation and development of international cooperation concerning the exploration and peaceful uses of the Moon by international non-governmental organizations by means of such study projects as the Lunar International Laboratory (LIL) of the International Academy of Astronautics. However, they could not be achieved without a sponsorship of States, be it jointly or within an inter-governmental organization, preferably, by means of a special agreement in which the participation of States and/or inter-governmental organizations, as well as the role of non-governmental organizations concerned, would be specified.