4.6 Article

Acceding to the Moon Agreement to acquire legal certainty: An optional solution for China in the new era of lunar exploration and exploitation

Journal

ACTA ASTRONAUTICA
Volume 212, Issue -, Pages 665-671

Publisher

PERGAMON-ELSEVIER SCIENCE LTD
DOI: 10.1016/j.actaastro.2023.08.035

Keywords

Moon agreement; International space treaties; Lunar exploration; Resources exploitation

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In recent years, lunar exploration and exploitation have thrived due to advancements in space technology and the growing demand for better utilization of the moon. However, the absence of a definitive international space treaty for lunar exploration and resource exploitation has created legal uncertainties. As a major player in this field, China should take responsibility for establishing a harmonious environment by considering accession to the Moon Agreement.
Lunar exploration and exploitation have thrived in recent years due to advancements in space technology and the increasing demand for better utilization of the moon. These activities fall within the realm of outer space activities, mainly governed by international space treaties. However, lunar exploration, especially resource exploitation, is challenging to conduct at the moment under a definitive and generally acknowledged space treaty. The Moon Agreement, as the specific international space treaty addressing these activities, is not currently functioning well. Inspired by the US, several nations opposed to the Moon Agreement have chosen to enact national legislation to address the legal uncertainty. The US has initiated international accords unilaterally in an attempt to establish standards for rules on lunar exploration and exploitation, which has generated significant influence. As one of the major players in this arena, China must face this competitive situation and assume responsibility for establishing a harmonious environment for lunar exploration and exploitation. Instead of emulating the US approach and getting entangled in the competition of rule-making, China should consider accession to the Moon Agreement as a means to attain legal certainty, not only for its own requirements but also to contribute to the realization of international cooperation through space treaties adopted by the United Nations to the fullest extent.

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