Does the Outer Space Treaty Permit the Protection and Preservation of Cultural Heritage Sites on the Moon?

Abstract

The twenty-first century is marked by the second race back to the lunar surface by various State actors. This time they are joined also by profit-seeking corporations with their own agenda. Humanity’s lunar cultural heritage sites are at a greater risk than ever before from the increasing number of expeditions and visitors from different sectors. Recognizing the significant cultural, historical and scientific value of these heritage sites, many entities from state and private sectors call for their protection and preservation. This article examines whether such activities are permitted under the Outer Space Treaty through analyzing their conformity with the fundamental principles enshrined in the first two articles of the Treaty. The article then concludes that the protection and preservation of cultural heritage sites on the lunar surface are not prohibited by the Outer Space Treaty. However, the Treaty’s lack of specific provisions on the protection and preservation of the cultural heritage sites on the Moon creates many challenges for the actual implementation in future scenarios.