Lunar Resource Extraction: U.S. Proposes Bilateral Artemis Accords with National Space Agencies

·      On May 15, 2020, the National Aeronautics and Space Administration (NASA) of the United States of America announced its intention to execute a series of bilateral agreements with other national space agencies. These so-called Artemis Accords are intended to facilitate safe and transparent exploration, science and commercial activities in outer space. As part of NASA’s Artemis program, which seeks to establish a sustainable human presence on the Moon in preparation for ultimately sending astronauts to Mars, the accords attempt to garner international partnerships as a means of strengthening international space law and legitimizing space resource extraction.

·      This comes after the topic of space resources has received increased attention from the U.N. Committee on the Peaceful Uses of Outer Space (COPUOS) ever since it first appeared on the agenda in 2016. In 2019, COPUOS scheduled informal consultations among Member States on the topic. However, the sixty-third session of COPUOS, scheduled from June 17-26, 2020, has been postponed due to COVID-19.

·      The Artemis Accords will integrate principles found in existing space governance regimes, namely the Outer Space Treaty of 1967, and incorporate emerging norms related specifically to lunar activity, such protection of heritage sites and the deconfliction of activities.

·      According to NASA, the accords will be composed of ten principles, requiring parties to:

·      Conduct all activities for peaceful purposes.

·      Disclose their plans and policies with transparency.

·      Strive to support the interoperability of their systems.

·      Take all reasonable steps possible to provide emergency assistance.

·      Provide proper registration of their space objects. 

·      Publicly release scientific data. 

·      Commit to the protection of heritage sites and artifacts.

·      Recognize that the extraction of space resources can and will be conducted under the auspices of the Outer Space Treaty.

·      Deconflict activities through transparency and the employment of ‘Safety Zones.’

·      Mitigate orbital debris and spacecraft disposal in accordance with existing U.N. guidelines.

·      The accords echo the controversial U.S. position on space resource extraction, which claims that States possess “the right to engage in commercial exploration, recovery, and use of resources in outer space” under the Outer Space Treaty. This interpretation has been criticized by Russia, which has equated the U.S. position with colonialism. According to a recent statement by the Trump Administration, States such as Australia, Canada, China, Luxembourg and the United Arab Emirates support the U.S. approach, while others, such as Germany and France, may be opposed due, inter alia, to their support for multilateral treaty negotiations through the UN system.

·      It is critical that small and developing States voice their positions on space resource extraction at the next session of COPUOS, which is currently being rescheduled due to COVID-19. Small and developing States may be severely disadvantaged by the legalized extraction of lunar resources by developed States, which may employ their advanced technological capacities to swiftly claim lunar territory and resources. Agreements concluded by NASA with other the national space agencies may provide international support for the U.S. position on the issue.

·      States seeking to view outer space a global commons, or otherwise support the negotiation of a multilateral instrument for governing space resource extraction, should stay abreast of developments regarding the scheduling of the sixty-third session of COPUOS. IILA can assist small and developing States in developing their positions on space resource extraction and preparing for the upcoming COPUOS session.