NASA intends to establish a nuclear power plant on the Moon, a space attorney details the rationale and legal implications
The Moon's future is not about planting flags, but about building infrastructure and harnessing its resources. This is the new space race, and it's focused on establishing bases and conducting research in scientifically vital and geopolitically sensitive regions on the Moon.
International regulations permit the peaceful use of nuclear power on the Moon, but with important guidelines for safety, transparency, and consultation. The key legal frameworks are the 1967 Outer Space Treaty and the United Nations’ 1992 Principles Relevant to the Use of Nuclear Power Sources in Outer Space.
The 1967 Outer Space Treaty, ratified by major spacefaring nations, governs space activity and requires that states act with "due regard to the corresponding interests of all other States Parties." This means that deployment of nuclear reactors must consider and not harm other countries' activities on the Moon.
The United Nations’ 1992 Principles Relevant to the Use of Nuclear Power Sources in Outer Space sets guidelines for safety, transparency, and international consultation for the use of nuclear energy in space. It recognizes nuclear power as potentially essential for missions where solar power is insufficient.
No international law explicitly forbids establishing nuclear reactors on the Moon, provided their use is peaceful and responsible. The first nations that deploy such reactors could influence legal norms and behavioral expectations for lunar activities.
The lunar south pole, where ice found in perpetually shadowed craters could fuel rockets and sustain lunar bases, is a resource-rich area that establishing a presence in could be influential. China reportedly plans to build a nuclear power plant on the Moon by 2035, supporting an international lunar research station. The United States plans to have a small nuclear reactor operational on the Moon by 2030.
The use of nuclear power on the Moon is not new or unprecedented. Small amounts of radioactive elements have been used to power satellites, Mars rovers, and Voyager probes since the 1960s. A lunar nuclear reactor could power habitats, rovers, 3D printers, and life-support systems for a decade or more.
Building infrastructure on the Moon, such as a nuclear reactor, establishes a country's presence in a given area, which could shape where and how others operate, functionally if not legally. Infrastructure on the Moon could potentially exclude others from accessing resources in certain areas.
The deployment of nuclear reactors by countries like China and the United States could have profound impacts on space exploration and geopolitics. They represent critical infrastructure that enables sustained presence and broader economic activities on the Moon. The first country to build a nuclear reactor on the Moon could effectively "anchor" a presence, shaping how future activities are interpreted under space law without constituting territorial claims. This could redefine how power and influence manifest in lunar exploration.
While not an arms race by definition, this development signals a new kind of strategic rivalry — focused on infrastructure and influence rather than flags and footprints. It may drive new diplomatic discussions on lunar resource use and space governance.
In summary, the peaceful use of nuclear power on the Moon is legally allowed but must follow principles of safety and international cooperation. The efforts by the U.S. and China to deploy lunar reactors serve as pivotal tests that will likely shape the future legal landscape and geopolitical dynamics of lunar and broader space exploration.
[1] Outer Space Treaty, https://treaties.un.org/doc/treaties/1967/02/19670906_10-1_en.pdf [2] United Nations’ 1992 Principles Relevant to the Use of Nuclear Power Sources in Outer Space, https://www.unoosa.org/oosa/en/ourwork/spacelaw/treaties/introtoagreements/pdfs/principlesrelevanttounuclearpowersources.pdf
- The development of lunar nuclear reactors is a strategic move in the new space race, as it could potentially anchor a nation's presence and influence the behaviors of other countries in space exploration, even though it doesn't constitute territorial claims under space law.
- The peaceful deployment of nuclear power on the Moon is legally permissible, as long as it adheres to principles of safety and international cooperation, such as those outlined in the 1967 Outer Space Treaty and the United Nations’ 1992 Principles Relevant to the Use of Nuclear Power Sources in Outer Space.
- The use of nuclear power on the Moon isn't a new concept; it has been employed for powering satellites, Mars rovers, and Voyager probes since the 1960s, and could now potentially power habitats, rovers, 3D printers, and life-support systems for extended periods.
- The establishment of nuclear reactors on the Moon, especially in resource-rich areas like the lunar south pole, could have far-reaching impacts on space exploration, geopolitics, and the space economy, driving new discussions on lunar resource use and space governance.
