Mining The Moon: Fragmentation And the Future of Multilateral Space Governance

ABSTRACT

This paper aims to address the growing fragmentation and ambiguity in the realm of space law, particularly surrounding lunar resource extraction. The existing legal frameworks reveal significant vacuums and fail to address modern concerns. For instance, the Outer Space Treaty (OST) of 1967, prohibits national appropriation of celestial bodies, yet remains silent on the ownership and commercialization of extracted resources. The rise in agreements such as the Artemis Accords and national space legislation in countries like the U.S., Luxembourg, and the UAE, enables commercial mining through unilateral or bilateral frameworks. These raise significant legal concerns about erosion of the multilateral order and the exclusion of Global South states from future benefits. This research undertakes a doctrinal and comparative legal analysis of emerging practices around lunar mining to assess whether they align with the existing treaty obligations and customary international law. It examines case studies including NASA’s Artemis III mission, Luxembourg’s legal framework, India’s Draft Space Activities Bill, and the Sino-Russian lunar station project. This paper underscores the argument that these ignorant measures signify a shift toward unilateral norm-setting, potentially undermining the principles of equitable access and common heritage. This study concludes by advocating for a negotiation under the United Nations framework of a Lunar Resources Protocol, which aims to preserve legal uniformity, promote equitable participation of the Global South and ensure long-term sustainability in lunar governance.