moon-agreement

The chapter traces the emergence and development of international space law, beginning with foundational sovereignty and property rights theories on Earth and their challenges when applied to outer space. It details early Cold War tensions over satellite overflight and the U.S. vision of outer space as a legal commons, leading to key UN resolutions and treaties such as the Outer Space Treaty and the Moon Agreement that establish principles of non-appropriation, state responsibility, and international cooperation. The chapter also highlights the evolving legal framework governing national and private activities in space, the governance of celestial resources, and the role of international regimes in managing space resource exploitation.

The chapter critically examines widespread misconceptions about the 1979 Moon Agreement, emphasizing the importance of interpreting the treaty within its negotiated history and legal context rather than relying solely on its text. It clarifies that the Agreement does not impose a moratorium on lunar resource exploitation, but rather anticipates future negotiations for an international regime, allowing experimental and commercial activities under existing international law. The chapter also addresses political opposition rooted in geopolitical fears, distinguishes property rights over lunar resources 'in place' versus extracted resources, and discusses the implications for private investment and state responsibility in space resource governance.