Who owns the moon?
Posted: Tue Jul 24, 2018 11:09 am
The question of who owns the moon is about to get very complex: a space lawyer explains.
Countries such as the United States and Luxembourg (as the gateway to the European Union) agree that the moon and asteroids are “global commons,” which means that each country allows its private entrepreneurs, as long as duly licensed and in compliance with other relevant rules of space law, to go out there and extract what they can, to try and make money with it. It’s a bit like the law of the high seas, which are not under the control of an individual country, but completely open to duly licensed law-abiding fishing operations from any country’s citizens and companies. Then, once the fish is in their nets, it is legally theirs to sell.
On the other hand, countries such as Russia and somewhat less explicitly Brazil and Belgium hold that the moon and asteroids belong to humanity as a whole. And therefore the potential benefits from commercial exploitation should somehow accrue for humanity as a whole—or at least should be subjected to a presumably rigorous international regime to guarantee humanity-wide benefits. It’s a bit like the regime originally established for harvesting mineral resources from the deep seabed. Here, an international licensing regime was created as well as an international enterprise, which was to mine those resources and generally share the benefits among all countries.