On the 20th (local time), U.S. President Donald Trump declared during his inauguration that he would plant the American flag on Mars, raising concerns that the Artemis program, a human lunar exploration initiative pushed by the Biden administration, could be jeopardized. However, experts generally analyze that the U.S. will not leave the Moon unattended, especially as China and Russia are advancing plans to send astronauts to the Moon. The Moon is rich in water, oxygen, regolith (lunar soil), helium-3 used as fusion fuel, and metals like iron and titanium. While space is not owned by anyone, various nations and corporations are planning to claim space resources. Many scholars studying space law believe that as space development expands, fierce conflicts surrounding lunar resource mining, which has many legal gaps, are anticipated.
Joseph Pelton, the president of the international space organization 'Alliance for Cooperative Space Exploration (ACES) Worldwide,' along with researchers Nisis Mishler and Martinelli Vitollini from the McGill Institute of Air and Space Law in Canada, noted on the 3rd (local time) in the international journal 'Cutting Edge of Space Technology' that the process of resolving the issue of seabed resource mining, which is currently embroiled in international debate over the methods and possibilities of extraction, could serve as a good precedent for future lunar resource mining and issues related to the sustainability of space activities like space debris.
◇ The solution for seabed mining may provide clues for the lunar resource mining debate
The researchers argued in their paper that it is necessary to approach the issues of seabed and lunar resource mining from the perspective of global commons. There is currently no universal consensus or regulation regarding global commons. However, in 2010, a United Nations task force composed of representatives from 60 UN agencies and international organizations defined parts of the Earth that lie beyond the jurisdiction of any specific country and are accessible to all nations as global commons, citing the high seas, atmosphere, Antarctic continent, and outer space as representative examples.
The researchers pointed out that the high seas, where deep-sea mining is conducted, have been excessively consumed and polluted over recent centuries. Marine pollution is severe due to oil spills and plastic proliferation, yet corrective measures have been almost nonexistent, leading to a 'tragedy of the commons.' While the international community could promote equitable access and protection if it were responsible, it continually faces challenges due to the interests of some developed nations and geopolitical issues.
Recently, the international community has been engaged in debates over the extraction of large quantities of seabed minerals. Some nations, including China and Nauru, argue that there is an urgent need to expedite mining projects due to the necessity for minerals essential for green transitions, such as electric vehicle components. Conversely, Pacific coastal nations, including Canada, France, Fiji, and Palau, are demanding a halt and ban on mining due to potential environmental destruction. During a meeting of the International Seabed Authority (ISA) in Kingston, Jamaica, in August last year, Austria, Guatemala, Honduras, Malta, and Tuvalu promised a moratorium on large-scale commercial deep-sea mining, bringing the total number of opposing nations to 32.
The researchers pointed out that the lunar resource mining issue is in a similar situation to that of seabed mining. They criticized the lunar agreements established by various countries as being inadequate, similar to maritime law, as they do not reflect new technologies and geopolitical dynamics. In fact, while private corporations such as SpaceX in the U.S. and iSpace in Japan are actively pursuing lunar projects, international regulations surrounding lunar exploration and utilization remain insufficient.
The 'Outer Space Treaty,' which 115 countries joined in 1967, contains only basic principles regarding space exploration and utilization. Although a more detailed 'Moon Agreement' was established in 1979, only 18 countries accepted it, while the United States, Russia, and China, which effectively lead space development, have not ratified it. The researchers pointed out that "the absence of clear regulations governing the use of the Moon and its resources threatens equitable and fair utilization of space resources and the sustainability of space activities." The Moon's situation differs significantly from that of living ecosystems like oceans and the Antarctic, as resources like water and helium-3 do not regenerate, except for recyclable regolith.
The researchers emphasized the necessity of protecting the Moon like a global commons, similar to the high seas. Although the debates surrounding seabed mining are at a standstill, they believe that experiences gained in this process could lead to advancements in sustainable space development issues such as lunar resource mining.
◇ The same approach can be applied to space debris issues
The researchers elaborated that the issues of overseeing seabed mining could also provide solutions for preventing space debris not only around Earth but also on the Moon and Mars.
As various nations and corporations embark on space development, Earth's vicinity is becoming increasingly filled with satellites and discarded space debris. The United Nations Future Summit noted in October last year that a significant number of nations support the need for traffic management and debris removal in space. There are warnings that if the Committee on the Peaceful Uses of Outer Space (COPUOS) does not call for proactive measures, the entire orbital space may become unusable. The situation is aggravated as low-orbit satellite communication companies like Starlink and OneWeb launch dozens of satellites at a time while operating mega-constellations (thousands of cluster satellites orbiting the Earth).
Currently, there are approximately 40,450 pieces of space debris larger than 10 cm and over 1.1 million objects larger than 1 cm orbiting in space. Each time a collision occurs in orbit, an additional 2,000 to 3,000 pieces of debris are generated. Scientists warn that even a small collision could trigger the Kessler Syndrome, where space orbits become cluttered with numerous debris.
On one hand, methods are being developed to implement collision-avoidance functions on satellites and send robots into orbit to remove debris. However, several countries observing the successful operation of cluster satellites by Starlink and Planet Labs are rapidly announcing plans to launch national defense and commercial cluster satellites into space, making it unlikely that the situation will be resolved easily.
The United Nations is engaged in discussions to directly address space debris, and a consortium involving the National Aeronautics and Space Administration (NASA), Russian Federal Space Agency (Roscosmos), European Space Agency (ESA), and Japan Aerospace Exploration Agency (JAXA) is contemplating this issue. However, countries like Russia and China, as well as emerging nations involved in space development, argue that the approaches and mandatory regulations regarding space traffic management are premature, leading to a lack of effective measures. Additionally, the United Nations guidelines are non-mandatory in this context and lack enforcement mechanisms.
The researchers highlighted the necessity of supervision and regulation, citing the Artemis program being promoted by the United States as an example. NASA explicitly required that participating countries in the Artemis treaty, established in 2020, limit the generation of space debris during the lunar exploration project. According to Article 9 of the Outer Space Treaty, parties to the treaty must promote research related to the Moon and other celestial bodies, avoid harmful contamination and negative changes to the Earth's environment when bringing extraterrestrial materials back, and adopt appropriate measures for this purpose when necessary. The researchers maintained that efforts to reduce space debris should not be limited to Earth's orbit but should also be applicable to lunar orbit.
◇ Principles of fair resource utilization should apply to the Moon
Since the 1960s, the United States, Russia, Europe, India, China, and Japan have sent space probes to the lunar surface. The U.S. is planning the Lunar Gateway, while China and Russia are also moving forward with plans to send space stations into lunar orbit. The European Space Agency (ESA) is considering deploying communication and navigation satellites around the Moon. NASA is also studying an asteroid reassignment mission (ARM) to pull resource-rich asteroids into lunar orbit and methods to defend against asteroids that threaten Earth.
The researchers noted that most plans to deploy satellites, space stations, and asteroids in lunar orbit do not include removal plans after use. They specifically expressed concern that purification plans are not included in the plans related to space activities of various countries during the lunar settlement and resource mining processes.
The researchers pointed out that, similar to seabed mining, the negative aspects of space debris in Earth's orbit have not yet been fully revealed, and there is a need to address the contamination of the Moon and its orbit, as well as Mars. They explained that if there is no fair and equitable regulatory decision during the discussions about seabed mining, there is a high possibility of similar mistakes occurring in future lunar explorations, putting equitable utilization of space resources at risk.
Reference
Frontiers in Space Technologies (2025), DOI: https://doi.org/10.3389/frspt.2024.1499486