While outer space is infinite, humans have not hesitated to establish rules for its use. With advancements in space travel, nations like the US and China are preparing for manned missions to the Moon in the coming decades. Both countries plan to set up long-term research stations, much like the scientific bases in Antarctica. However, questions are emerging about potential disputes over base locations and Moon resources, such as water ice found in the craters at the lunar poles.

Water ice is particularly valuable as it can be converted into rocket fuel and used to sustain life at lunar bases. The possibility of competition over these resources has sparked concerns about “space water wars,” a conflict that seems more imminent than solving the issue of providing clean drinking water to every corner of the developing world.

The Legal Framework for Space Exploration

International space law is primarily governed by 10 treaties and various "soft law" agreements. The Outer Space Treaty (1967), a cornerstone of space law, establishes that outer space is open for exploration and use by all nations and cannot be claimed as sovereign territory. This implies that no single country can claim exclusive rights to any part of the Moon, including its resources.

However, a potential contradiction arises: while the treaty allows nations to use space resources, it also grants countries jurisdiction over objects they send into space. This could mean that a lunar base remains under the jurisdiction of the country that built it, possibly restricting access for others.

The Moon Agreement (1979) goes further, stating that no part of the Moon or its resources can become the property of any state. However, this agreement has limited influence, as major spacefaring nations, including the US, China, and Russia, have not signed it. Instead, the US developed the Artemis Accords in 2020, setting rules for resource use on the Moon. While nations like India have joined, key players such as China and Russia remain absent.

Lunar Resource Extraction vs. Commercial Space Mining

There’s a distinction between using space resources, like lunar ice, for further exploration and extracting resources from celestial bodies to bring back to Earth for profit. The latter raises questions under the Outer Space Treaty, particularly as private companies in the US and Luxembourg outline plans for asteroid mining. These ventures aim to harvest valuable minerals from asteroids and return them to Earth, sparking debate about whether such activities align with international law.

Liability and Environmental Responsibility

Space law also requires nations to prevent contamination of celestial bodies and manage the potential damage caused by their activities. The Liability Convention (1972) holds nations accountable for any harm caused by their space hardware. This responsibility extends to the Moon, Mars, and even interstellar operations.

For example, spacecraft like Voyager 1 and Voyager 2, which have left the Solar System, raise the question: Can countries be held liable for their actions in the farthest reaches of space? The Outer Space Treaty suggests that nations must ensure their spacecraft do not harm the environment, even in deep space. This includes careful handling of radioactive materials used as power sources.

Under the Moon Agreement, countries must notify the UN before deploying radioactive materials on the Moon. However, the practicalities of enforcing liability for lost spacecraft or pollution in interstellar regions remain uncertain.

The Future of Space Law

As humanity’s space ambitions extend beyond the Solar System, legal questions grow more complex. For now, one perspective is that space law should logically apply only as far as human activity and oversight can reach. Limiting these rules to our Solar System may be practical, given the challenges of managing and enforcing regulations in the vast expanse of the cosmos.

With missions like New Horizons exploring the Kuiper Belt and others set to follow, the boundaries of human space exploration—and the legal systems governing it—are being pushed to their limits.