Soft law Implementation for Lunar Resource Extraction
- Paper number
GLEX-2025,11,IP,1,x92389
- Author
Mr. Nandhakumar KS, Indian Space Research Organization (ISRO), India
- Coauthor
Mr. Matcha Udayakumar, Indian Space Research Organization (ISRO), India
- Year
2025
- Abstract
The idea of mining the moon, once, purely science fiction, is now on the verge of becoming reality. Today, the United States of America, China, Russia and other space-fairing countries are interested in exploration of the lunar resources. Even some of the commercial organizations have worked out plans for resource extraction, resource transfer and in-situ resource utilization of lunar resources. Multiple lunar missions, including the NASA-led Artemis project and the China and Russia International Lunar Research Station, propose a sustained human presence on the Moon which will require in-situ resource extraction and usage. Given the chronological order of events in the realm of international space law, there is a legitimate need for an international legal structure that regulates the extraction of resources from the moon. Amending the current Outer Space Treaty (OST) or Moon agreement may not be a feasible solution. The main objective of enacting national space legislation was primarily to enable the entry of commercial companies into the space industry. The initiatives by non-governmental bodies like Hagues Building Block and MVA have the issues of lack of support from national governments and lack of clear-cut strategy for implementation. However, these initiatives have given several recommendations and concepts such as property rights, resource rights, authority and management over space-based goods utilized in space resource operations, technical standards, safety norms, norms of benefit sharing, sharing and dissemination of information, dispute resolution etc. Also, these initiatives put forward the thought process of Adaptive Governance in International Space Law Implementation. There is an absence of a legal framework to govern this type of activity There is an urgent need for greater clarity in the law regarding space resource activities. UNOSA Working Group on Legal Aspects of Space Resource Activities has initiated discussions and consultations on the issue of activities in the exploration, exploitation and utilization of space resources. Formulation of an international legal framework for lunar resource extraction encompassing all legal, technical environmental aspects is a natural choice for the international community. This paper proposes a middle-ground solution to international enforceable legal instruments by creating a soft law instrument through a multilateral forum like COPUOS. This method allows multiple parties to participate without the time-consuming negotiating process and formal, legally enforceable international treaty requirements. Countries can negotiate nonbinding, narrowly defined legal rules regarding space resource extraction and use. Soft law instruments can be advantageous in a rapidly advancing field like space law.- Abstract document
- Manuscript document
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