The answer is enshrined in the 1967 Outer Space Treaty, to which both the United States and the Soviet Union as well as all other space-faring nations, had become a party. The moon is something of a “global commons” legally accessible to all countries.
While the legal status of the Moon as a “global commons” accessible to all countries on peaceful missions did not meet any substantial resistance or challenge, the Outer Space Treaty left further details unsettled.
At least two U.S. companies, Planetary Resources and Deep Space Industries, which have serious financial backing, have started targeting asteroids for the purpose of mining their mineral resources. Under the aforementioned Outer Space Treaty, the moon and other celestial bodies such as asteroids, legally speaking, belong in the same basket. None of them can become the “territory” of one sovereign state or another.
The very fundamental prohibition under the Outer Space Treaty to acquire new state territory, by planting a flag or by any other means, failed to address the commercial exploitation of natural resources on the moon and other celestial bodies. This is a major debate currently raging in the international community, with no unequivocally accepted solution in sight yet. Roughly, there are two general interpretations possible.
Countries such as the United States and Luxembourg (as the gateway to the European Union) agree that the moon and asteroids are “global commons,” which means that each country allows its private entrepreneurs, as long as duly licensed and in compliance with other relevant rules of space law, to go out there and extract what they can, to try and make money with it. It’s a bit like the law of the high seas, which are not under the control of an individual country, but completely open to duly licensed law-abiding fishing operations from any country’s citizens and companies. Then, once the fish is in their nets, it is legally theirs to sell.
On the other hand, countries such as Russia and somewhat less explicitly Brazil and Belgium hold that the moon and asteroids belong to humanity as a whole. And therefore the potential benefits from commercial exploitation should somehow accrue for humanity as a whole – or at least should be subjected to a presumably rigorous international regime to guarantee humanity-wide benefits. It’s a bit like the regime originally established for harvesting mineral resources from the deep seabed. Here, an international licensing regime was created as well as an international enterprise, which was to mine those resources and generally share the benefits among all countries.
https://www.alternet.org/news-amp-politics/who-owns-moon-space-lawyer-explains
While the legal status of the Moon as a “global commons” accessible to all countries on peaceful missions did not meet any substantial resistance or challenge, the Outer Space Treaty left further details unsettled.
At least two U.S. companies, Planetary Resources and Deep Space Industries, which have serious financial backing, have started targeting asteroids for the purpose of mining their mineral resources. Under the aforementioned Outer Space Treaty, the moon and other celestial bodies such as asteroids, legally speaking, belong in the same basket. None of them can become the “territory” of one sovereign state or another.
The very fundamental prohibition under the Outer Space Treaty to acquire new state territory, by planting a flag or by any other means, failed to address the commercial exploitation of natural resources on the moon and other celestial bodies. This is a major debate currently raging in the international community, with no unequivocally accepted solution in sight yet. Roughly, there are two general interpretations possible.
Countries such as the United States and Luxembourg (as the gateway to the European Union) agree that the moon and asteroids are “global commons,” which means that each country allows its private entrepreneurs, as long as duly licensed and in compliance with other relevant rules of space law, to go out there and extract what they can, to try and make money with it. It’s a bit like the law of the high seas, which are not under the control of an individual country, but completely open to duly licensed law-abiding fishing operations from any country’s citizens and companies. Then, once the fish is in their nets, it is legally theirs to sell.
On the other hand, countries such as Russia and somewhat less explicitly Brazil and Belgium hold that the moon and asteroids belong to humanity as a whole. And therefore the potential benefits from commercial exploitation should somehow accrue for humanity as a whole – or at least should be subjected to a presumably rigorous international regime to guarantee humanity-wide benefits. It’s a bit like the regime originally established for harvesting mineral resources from the deep seabed. Here, an international licensing regime was created as well as an international enterprise, which was to mine those resources and generally share the benefits among all countries.
https://www.alternet.org/news-amp-politics/who-owns-moon-space-lawyer-explains
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