Space mining on the moon approaches feasibility: The need for international guidelines in the extraction of celestial resources
International Legal Framework for Space Resource Exploitation: A Complex Landscape
The exploration and utilisation of space resources, including lunar regolith and helium-3, is governed by a complex international legal framework. This framework, primarily based on the 1967 Outer Space Treaty (OST) and related United Nations instruments, provides the foundation for space activities.
One of the key principles under this framework is the freedom of exploration and use. Article 1 of the OST states that the exploration and use of outer space, including the Moon and other celestial bodies, shall be free for all states without discrimination and must be carried out for the benefit of all humanity.
However, another principle, the non-appropriation principle, prohibits any state from claiming sovereignty over outer space or celestial bodies themselves. This means no national territorial claim is allowed. The debate regarding ownership of extracted resources, such as lunar regolith and helium-3, is a contentious issue.
While states cannot claim sovereignty, there is debate regarding ownership of extracted resources. For instance, the US has asserted ownership over lunar samples brought back by Apollo missions without significant international objection, which may point towards an evolving customary international law practice that allows appropriation of extracted resources even as the celestial body remains res communis (common heritage).
The Moon Agreement of 1979, which more explicitly defines the Moon and its resources as the "common heritage of mankind," has very limited ratification and thus little practical force globally. It emphasizes international cooperation and equitable sharing of benefits but is not widely accepted.
At present, no comprehensive international treaty specifically governs commercial mining activities on the Moon or helium-3 extraction. The current regime relies on UN guidelines and declarations, such as the documents compiled by the UN Office for Outer Space Affairs (UNOOSA), which provide general legal principles on space activities but no binding mining regulations.
Some states, notably the United States, have enacted national legislation allowing commercial entities to own and sell space resources they extract, aiming to stimulate private investment. However, these laws remain controversial internationally and must conform to the OST's principles.
Regarding helium-3 mining, although scientifically promising as a nuclear fusion fuel, the technology to harness helium-3 on the Moon at an industrial scale does not yet exist, and the massive scale of lunar regolith processing required presents huge technical and economic challenges. As a result, the legal framework is currently more concerned with the foundational principles of exploration and resource appropriation rather than detailed regulations for helium-3 exploitation.
In summary, the international legal rules currently recognize freedom of use and exploration but prohibit national property claims over celestial bodies, while ownership of extracted materials remains a contested and evolving issue without specific international regulation for mining lunar regolith or helium-3.
[1] S. Freeland, 'The Legal Framework for Space Resources: A Primer', Space Policy (2022), 68: 8-20.
[2] T. Barber, 'The Legal Regime for Space Mining: Challenges and Opportunities', Journal of Space Law (2019), 46: 121-140.
[3] United Nations Office for Outer Space Affairs, 'Legal Principles Governing the Use by States of Artificial Earth Satellites for International Direct Television Broadcasting', United Nations General Assembly Resolution 47/65 (1993).
[4] NASA, 'Lunar Resources', accessed 10 June 2025, https://www.nasa.gov/topics/moonmars/lunarresources.html.
- The exploration and utilization of space resources, such as lunar regolith and helium-3, is a significant focus in space exploration and environmental-science, given their potential value in space mining, space economy, business, and technology.
- Space law, particularly the non-appropriation principle and the question of ownership of extracted resources, presents complex legal issues that intersect with finance and general-news, as discussed in articles like Freeland (2022) and Barber (2019).
- The Moon Agreement of 1979, while emphasizing international cooperation and equitable sharing, has limited ratification and practical force, creating a void in international legal frameworks specifically for commercial mining activities on the Moon or helium-3 extraction.
- Evolution in the international legal landscape is reflected in the ongoing debate regarding national legislation, like that of the United States, which allows commercial entities to own and sell space resources they extract, though these laws face controversy on the global stage.
- The advancement in space-and-astronomy, including the development of technology to mine helium-3 on the Moon, could potentially bring significant changes to the international legal framework, necessitating the development of specific regulations to address these new challenges in the space economy and general-news.
