Lunar legalities

The atmosphere at Intuitive Machines' HQ was tense as its OdysseusThe most cunning of the Greek leaders. The Odyssey, an epic poem about the 10 years he spent trying to return home after the Trojan War, is also attributed to Homer. spacecraft touched down on the Moon's surface. The private company had managed something that only the national space agencies of four countries had done before. But Odysseus was supposed to send back a signal - and none was showing up.

The craft had already had problems: lasers designed to work out its speed and altitude had malfunctioned. Luckily there was an experimental set on board which could be used instead. But what was happening now?

Finally, a faint signal started to come through. Odysseus was standing upright and sending back data.

The challenges facing Odysseus were underlined when another private mission failed last month. A craft called Peregrine, also headed for the Moon, developed a fuel leak shortly after its launch.

The team behind it realised that a safe landing was now impossible. They decided to send Peregrine back to Earth, knowing that it would burn up on re-entry.

Controversially, its cargo included the ashes of at least 70 people and one dog. They had been put on board by two companies who advertise "space burials."

"Imagine an everlasting memorial where family and friends can commemorate their departed loved ones any time and anywhere," says Elysium Space on its website. "Instead of looking down upon the earth in reminiscence, we can raise our eyes to the eternal wonders within the night sky."

The plan met with sharp criticism from the NavajoA Native American people of the southwestern United States. The Navajo Nation is the largest federally recognised tribe in the USA. Nation. Alvin Harvey, who is an aerospace engineer, complained¹ that the Moon was being commercialised with little consultation or regulation:

"For us, the Moon is an ancient relative - Grandmother Moon is a term of reverence shared by many indigenousEthnic groups who are the original or earliest-known inhabitants of an area or country: for example, Native Americans in the USA. peoples - and we should be careful, diligent and respectful when visiting her."

In an article for Space.com, Monisha Ravisetti says this could be the moment to establish binding laws about how we approach the Moon. The nearest thing we have is the Outer Space Treaty, which was drawn up in 1967 and has been signed by 136 countries, including all the ones with active space programmes.²

It rules that space must be explored peacefully and no country can claim to own any part of it. It also makes countries responsible for any damage done by their spacecraft.

In 2020 this was reinforced by the Artemis Accords - a commitment to peaceful and co-operative exploration signed by 36 countries. But this is not legally binding and the signatories do not include Russia and China.  

Astrophysicist Martin Elvis points out that there could be conflicts between people wanting to use the same parts of the Moon for different purposes, such as mining and scientific experiments.³

But, he says, there is hope that laws will be developed. The UNUnited Nations. An intergovernmental organisation based in New York that aims to maintain international peace and security.'s Committee on the Peaceful Uses of Outer Space is looking at possible ones and an organisation called For All Moonkind is campaigning to protect important sites on the Moon.   

Do we need new extra-terrestrial laws?

Yes: Without laws the exploitation of space could become a free-for-all. With both governments and private companies sending craft to the Moon there is bound to be competition between them.

No: The number of people with the resources to launch spacecraft successfully is still tiny and there is plenty of room for everyone. The Outer Space Treaty and Artemis Accords are all that we need.

Or... Even if there were laws, it would be impossible to enforce them. Canada has ruled that its criminal code extents to the Moon and the International Space Station, but that is just wishful thinking.