Abstract
Abstract Adopted in October 2020, the Artemis Accords are a set of 13 provisions establishing a principled framework for the sustainable human exploration of the Moon and the other celestial bodies, including the exploitation of their natural resources. This article examines the extent to which the Artemis Accords comply with international law and international standards. It argues that, while rooted on the provisions of the Outer Space Treaty, the Artemis Accords introduce a significant innovation in international space law by replacing the anticipatory approach to the regulation of outer space activities with the staged principle of adaptive governance.
Highlights
On 13 October 2020, eight States—namely, Australia, Canada, Italy, Japan, Luxembourg, the United Arab Emirates, the United Kingdom and the United States—signed the Artemis Accords, which are a set of 13 provisions aimed at facilitating international collaboration on sustainable human exploration projects
While rooted on the provisions of the Outer Space Treaty, the Artemis Accords introduce a significant innovation in international space law by replacing the anticipatory approach to the regulation of outer space activities with the staged principle of adaptive governance
The text of the Artemis Accords is unequivocal on this point, as it states that: ‘The Signatories affirm that the extraction of space resources does not inherently constitute national appropriation under Article II of the Outer Space Treaty.’[38] it may be concluded that they contain a common understanding
Summary
On 13 October 2020, eight States—namely, Australia, Canada, Italy, Japan, Luxembourg, the United Arab Emirates, the United Kingdom and the United States—signed the Artemis Accords, which are a set of 13 provisions aimed at facilitating international collaboration on sustainable human exploration projects. In order to implement the Artemis Program, NASA is seeking the international collaboration of States and commercial partners. To that end, it has elaborated a set of guidelines that will form an integral part of any subsequent agreement with international partners. Being involved in the construction of the Orion capsule (the selected spacecraft for lunar missions), Germany stands out as a vital partner in NASA’s Artemis Program.[5] Other international actors, such as the European Space Agency, have finalised agreements with NASA to collaborate on the creation of the lunar Gateway space station by providing two modules thereof.[6]. Hobe warns that ‘[t]he Artemis Accords are an attempt by the Americans to walk softly to legitimise their deviation from the Outer Space Treaty’.7 While describing the Artemis Accords as a political project, von der Dunk argues that the intention of the United States is to gather consensus around its interpretation of the Outer Space Treaty with regard to the exploitation of the Moon’s resources.[8]
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