Space Laws: Who Owns the Moon?

By Mariyah Asad

The inquisitive nature of humans has led us to ponder the possibility to utilize the Moon as our own one day. With today’s advancements within space technology, this idea can become a reality. In fact, countries and private companies are racing to build lunar bases, mine asteroids and even venture out to commercial tourism within space. However, this raises a big question – does anyone actually “own” the Moon? If we start mining its resources, who makes the rules? In the fight to secure lunar territory, what happens if two nations want the same land on the Moon? 

The primary international law governing space is the Outer Space Treaty (OST) of 1967, established by the United Nations Office for Outer Space Affairs. This treaty is signed by over 110 countries, including the United States, Russia, and the United Kingdom. It states that: 

● No country can claim ownership of the Moon or any celestial body. 

● Space must be used for peaceful purposes. 

● Nations are responsible for any space activities, including those by private companies. 

This treaty prevents anyone from taking control of the Moon and legally states that the Moon does not belong to any one country but it does not mean that private companies cannot use its resources. Since it does not explicitly mention whether companies can mine and sell lunar resources, it creates a legal loophole which can lead to complications when discussing space mining and ownership rights. 

The OST does not specifically ban companies from extracting or using space resources. Due to this, some countries have passed their own laws: 

● The U.S. Commercial Space Launch Competitiveness Act (2015): This law allows American companies to mine and use resources from asteroids and the Moon (NASA, 2025). ● Luxembourg Space Resources Law (2017): This small European country lets companies claim resources they extract from space (The Government of the Grand Duchy of Luxembourg, 2019). 

Another major agreement is NASA’s Artemis Accords, signed in 2020 by over 30 countries (NASA, 2025). These accords promote peaceful cooperation in space exploration, requiring countries to share scientific discoveries while establishing “safety zones” around lunar mining operations to avoid conflicts. Some major space powers, like Russia and China, have not signed, arguing that the accords favor U.S. interests and contradict international space law. 

Countries and companies are eager to mine celestial bodies in hopes of valuable resources that could change the future of space exploration. Scientists have discovered water ice on the Moon’s

poles, which could be converted into drinking water or even fuel for rockets (Colaprete et al., 2010). The Moon also contains rare metals like titanium and iron, useful for constructing spacecraft and space stations (NASA, 2019). Another major resource is Helium-3, a rare isotope that could be used for nuclear fusion, a potential clean energy source for the future. 

Even with existing treaties and agreements, space mining presents serious challenges. One major issue is resource access, for example if only wealthy nations and private companies can afford to mine the Moon, will that create economic inequality in space? 

There are also concerns about the environmental impact of mining on the Moon’s delicate surface. Despite there being no life, atmosphere, or ecosystem present on the Moon, reckless mining operations could damage its surface in ways we do not fully understand. 

Another major concern is potential conflicts over lunar territory. If two countries or companies claim the same mining site, who has the right to use it? Without clear international rules, disagreements could lead to disputes or even space-related tensions between nations. Organizations like the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS) are working to 

develop new legal structures to address these challenges and ensure peaceful cooperation in space. Ultimately who owns the Moon? According to current laws, no one. Yet with the rapid expansion of space exploration, new potential conflicts could arise with further analysis and discussion of legal contexts to address resource use, ownership rights and fair access. The “final frontier” that is space is imploded with ambiguity without enforceable rules. The race for resources could be catastrophic and an excuse for a chaotic power grab. 

References 

Bowman, A. (2025, January 21). The Artemis Accords. NASA. https://www.nasa.gov/artemis-accords/ 

Colaprete, A., Schultz, P., Heldmann, J., et al (2010) Detection of Water in the LCROSS Ejecta Plume. Science, 330(6003), 463-468. https://doi.org/10.1126/science.1186986 

Crawford, I. A. (2015). Lunar resources: A review. Progress in Physical Geography: Earth and Environment, 39(2). https://doi.org/10.1177/0309133314567585 

Dunbar, B. (n.d.). Artemis Accords. NASA. 

https://www3.nasa.gov/specials/artemis-accords/#:~:text=International%20cooperation%20on %20Artemis%20is,of%20the%20Outer%20Space%20Treaty 

Ji, E., Cerny, M. B., Piliero, R. J. (2020). The Artemis Accords: America’s challenge to China’s space ambitions. The Diplomat. 

https://thediplomat.com/2020/09/what-does-china-think-about-nasas-artemis-accords/ Library of Congress. (2015, November 25). H.R.2262 – U.S. Commercial Space Launch

Competitiveness Act. CONGRESS.GOV. 

https://www.congress.gov/bill/114th-congress/house-bill/2262

NASA. (2019). Lunar Surface Exploration Guide. 

https://www.nasa.gov/wp-content/uploads/2023/08/nasa-lunar-surface-guide-final7-17-23-508 -tagged.pdf 

The Government of the Grand Duchy of Luxembourg. (2019, November 18). Law of July 20th 2017 on the exploration and use of space resources. Luxembourg Space Agency. 

https://space-agency.public.lu/en/agency/legal-framework/law_space_resources_english_trans lation.html 

United Nations Office for Outer Space Affairs. Committee on the Peaceful Uses of Outer Space: 2023. United Nations Office for Outer Space Affairs. (2023). 

https://www.unoosa.org/oosa/en/ourwork/copuos/2023/index.html

United Nations Office for Outer Space Affairs. Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies. United Nations Office for Outer Space Affairs. 

https://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties/introouterspacetreaty.html

Veneroso, T. (2018, February 21). Mining the Moon: The Next Gold Rush?. Amcast: Rethink the Limits. https://www.amcastonline.com/blog/mining-the-moon-the-next-gold-rush 

Edited by Eshal Mehmood