Application of the Precautionary Principle to Lunar Activities
- Paper number
IAC-05-E6.2.05
- Author
Mr. Paul B. Larsen, Georgetown University Law Center, United States
- Year
2005
- Abstract
In my presentation to the Vancouver IISL meeting I examined the legal basis for NASA’s Moon and Mars exploration initiative. For the Japan meeting I propose to examine the legal basis for human activities on the Moon in greater depth. As background for my paper I will review existing space law. However, the main focus of my paper will be to draw a legal analogy between activities in Antarctica and activities on the Moon. We now have considerable experience with private uses of Antarctica. Thousands of tourists visit Antarctica each year. Some tourist activities have permanent impact on the Antarctic environment. Antarctic states have begun to assert the right to build tourist facilities in Antarctica. Likewise, U.S visits to the Moon show that even visits for scientific exploration can leave enduring environmental effects, for example astronauts’ footprints are still visible on the lunar surface. Considering the current interest in space tourism and considering that the environment of the Moon is very fragile, similar to the Antarctic environment, it would be appropriate to examine the extent to which the legal basis for environmental protection of Antarctica applies to the Moon. Specifically, I will review the significance of the Outer Space Treaty’s designation of human lunar activities as being for the benefit and in the interests of all countries, the moon being the province of mankind, use of the moon being subject to international law, the Moon not being subject to national appropriation by any means, the Moon being demilitarized in accordance with OST Art, IV, States being responsible for private activities on the Moon; and States’ obligation under OST Art. 9 to avoid harmful interference with activities of other States on the Moon. Constraints under the Antarctica Treaty have given rise to speculation whether applying the so-called Precautionary Principle to management of human activities applies to Antarctica. A similar question can be posed regarding the Moon. Can the Precautionary Principle be applied to management of human activities on the Moon? The main effect of applying the Precautionary Principle to the Moon would be that uncertainties about the consequences of human activities on the Moon would be taken into consideration in making decision about lunar activities. For background I refer to the article by Kees Bastmeijer and Ricardo Roura, Regulating Antarctic Tourism and the Precautionary Principle, volume 98, American Journal of International Law, at page 763 (2004).
- Abstract document