The new age of technological developments continues to bring humanity much closer to Moon surface mining. Tapping the lunar economy could provide humanity with the potential to expand its presence on the Moon, as well as further into the solar system. In this context, the Artemis Accords and the geopolitics around it are shaping new complexities of lunar resource extraction. While exploiting the lunar economy is the primary objective of the Artemis Accords, the non-binding principles apply to civil activities in outer space, and all activities that may take place on the Moon, Mars, comets, and asteroids, including their surfaces and subsurfaces, as well as in orbit of the Moon or Mars, in the Lagrangian points for the Earth-Moon system, and in transit between these celestial bodies and locations. The United States drafted the Accords is building consensus, and as of January 2025, the number of signatories has grown to 53. The Artemis Accords express a soft obligation to ‘reinforce and implement the Outer Space Treaty, the Registration Convention, the Agreement on the Rescue and Return of Astronauts’ and ‘other norms of behaviour that NASA and its partners have supported’. However, some of the principles raise concerns about its consistencies with the fundamentals of space law as it introduce concepts such as safety zones, resource extraction and use and interoperability. It creates new challenges that raise questions about sovereignty, commercial rights, sustainability in space and potential military use of the lunar environment, as nations may leverage lunar activities for strategic dominance. This chapter explores the Artemis Accords as a new form of evolutive lawmaking redesigning global space governance through unipolarism masquerading as multilateralism. The chapter primarily focuses on how the Accords can foster competitive dynamics among spacefaring nations, which may accelerate the development of dual-use technologies under the facade of peaceful exploration. By placing the Accords within the broader context of astropolitical diplomacy, this chapter explores the future of lunar space mining and how the Accords will shape the future norms of militarisation and commercial exploitation of the lunar environment.

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Artemis Accords as Evolutive Law-Making: Lunar Space Mining and the Rise of Space Militarisation

  • Adithya Variath

摘要

The new age of technological developments continues to bring humanity much closer to Moon surface mining. Tapping the lunar economy could provide humanity with the potential to expand its presence on the Moon, as well as further into the solar system. In this context, the Artemis Accords and the geopolitics around it are shaping new complexities of lunar resource extraction. While exploiting the lunar economy is the primary objective of the Artemis Accords, the non-binding principles apply to civil activities in outer space, and all activities that may take place on the Moon, Mars, comets, and asteroids, including their surfaces and subsurfaces, as well as in orbit of the Moon or Mars, in the Lagrangian points for the Earth-Moon system, and in transit between these celestial bodies and locations. The United States drafted the Accords is building consensus, and as of January 2025, the number of signatories has grown to 53. The Artemis Accords express a soft obligation to ‘reinforce and implement the Outer Space Treaty, the Registration Convention, the Agreement on the Rescue and Return of Astronauts’ and ‘other norms of behaviour that NASA and its partners have supported’. However, some of the principles raise concerns about its consistencies with the fundamentals of space law as it introduce concepts such as safety zones, resource extraction and use and interoperability. It creates new challenges that raise questions about sovereignty, commercial rights, sustainability in space and potential military use of the lunar environment, as nations may leverage lunar activities for strategic dominance. This chapter explores the Artemis Accords as a new form of evolutive lawmaking redesigning global space governance through unipolarism masquerading as multilateralism. The chapter primarily focuses on how the Accords can foster competitive dynamics among spacefaring nations, which may accelerate the development of dual-use technologies under the facade of peaceful exploration. By placing the Accords within the broader context of astropolitical diplomacy, this chapter explores the future of lunar space mining and how the Accords will shape the future norms of militarisation and commercial exploitation of the lunar environment.