Contracting states are committed to UN conventions on outer space. The 1967 Outer Space Treaty (OST) is the umbrella. It lays down the legal foundation for human activities in outer space. The OST mandates that the exploration and use of outer space, moon and other celestial bodies must be conducted on the basis of equality for peaceful purpose in conformity with the UN Charter. National appropriation by claims of sovereignty; the deployment of nuclear or weapons of mass destruction in orbit or such installations on celestial bodies is prohibited. States bear international responsibility and liability for damage in space caused by national activities that are permitted only with due authorisation and under continuing supervision. Yet, 1967 OST is silent on the exploitation of natural resources of the moon.

Today, four decades after the 1966 Soviet Lunar 9 moon landing, global interest in lunar explorations has renewed. The eventual exploitation of the natural resources locked in the moon, asteroids and Mars capable of providing new energy sources, fuel for space missions, and construction material for permanent space base, among other applications, will make the race fierce. Such enterprises will be capital and technology intensive. Inevitably, geopolitical and strategic equations will be impacted.

An appropriate legal regime conducive to moon-related activities is needed — one that does not impose a moratorium on the exploitation of its natural resources, permits state parties and their private entities to collect, remove and use its minerals and other substances for investigation, supports moon mission bases, allows state parties the freedom to establish a negotiated international regime in respect to equitable sharing of natural resources when its exploitation is about to become feasible and grants the right to negotiate improvements.

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