Defining the notion of mining, extraction and collection: A step toward a sustainable use of lunar resources

Highlights

• Acquisition of space resources.

• Definitions for SRU activities.

• Potential appropriation.

• International law.

Abstract

The use of lunar resources is the key to a lasting and sustainable settlement of humankind on the Moon. Numerous missions are currently underway to go to Earth's only natural satellite and start mining its resources. The goal of these missions is primarily scientific-focused and would allow the exploitation of regolith toward the goal of extracting water, allowing the Moon to be considered as an outpost for more distant missions. However, the technology to extract and make use of these resources on the Moon is currently limited to simply collecting lunar regolith. Questions of ownership, property and resource rights ripple out from this simple starting point: What is the definition of collection? Collection is often considered to be a synonym of mining when it comes to space resources. In that sense, mining is defined as being the extraction of valuable material which has an economic interest for the miner. As for extraction, it refers to activities that consist of withdrawing a resource from its natural environment. But those definitions were meant for resources located on Earth. Can the same be applied to lunar resources? Current missions do not plan on drilling and extracting lunar regolith per se, rather they may simply scoop lunar dust as they land. In that case, can it really be considered as collecting? The definition of these terms is of fundamental importance as they might shape the way we use space resources in the future. This paper aims to propose a definition of collection, extraction and mining while being mindful of the international space law and its interpretation.

Introduction

The use of lunar resources is key to a lasting and sustainable settlement of humankind on the Moon. At the same time, our knowledge about lunar resources is very limited. Therefore, there are numerous missions currently underway to explore and map the Moon's proposed resources. While remote sensing technologies have been in use throughout the decades, ground-truthing has so far been limited to the lunar samples gathered by the Apollo and Luna missions [1]. Upcoming missions aim to enhance our understanding by conducting various experiments on the lunar surface. Not only will these experiments increase our knowledge about the nature of lunar resources but it will also help understand remote sensing data [2].

The increase in launch capacity, decrease in launch costs, and uptake of interest in lunar activities in recent years has also increased commercial interest in the Moon. While commercial ingenuity is beneficial for lunar exploration and technical innovation, the legal basis for private activities on the Moon remains ambiguous. Questions about the legitimacy of ownership, property, and resource rights over lunar resources are increasingly posed especially in regards to commercial activities. Previous missions, and most of the upcoming ones, are carried out under the flag of, or in cooperation with, national or regional space agencies and are purely scientific in nature. There are, however, increasingly commercial plans for exploitation of water ice, oxygen, and other resources and thus the commodification of lunar resources in general. These activities require a closer look to understand their legal nature and potential consequences. In this conference paper, we aim to explore the core activities of proposed future missions in regards to means of appropriation and on the backdrop of the 2020 NASA solicitation for commercial entities to collect and sell lunar dust [3].

The global space governance regime is the aggregation of international agreements, national laws, institutions, and intersections between them [4]. The principal international agreement governing the appropriation and use of extraterrestrial resources is the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies (OST). The ongoing political, legal, and academic debate on the uncertainty about the ambiguous permissibility of space resource utilization (SRU) originates from disparate interpretations of, and political positions on, the combination of Article I and Article II of the OST. Whereas Article I states that Outer space [ …] shall be free for exploration and use by all States [ …], Article II limits the freedom of use as space must [ …] not [be] subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means [5]. Therefore, all appropriation of space resources is currently ambiguous. A few nation states have, however, enacted policies legalizing private property rights over space resources as national interpretation and operationalization of the OST, leaving the international community in debate – for the applicability of international law, the international community includes governments, international intergovernmental organizations, and, in some circumstances, individuals [6].