Legal Principle of Non-appropriation in Lunar Station Context
- Paper ID
96156
- DOI
- author
- company
Shenzhen MSU-BIT University (SMBU)
- country
China
- year
2025
- abstract
As lunar exploration further progresses, lunar station projects are in the pipeline. From the legal perspective, principles from the Outer Space Treaty need further interpretation to bridge the gap between the fast-developing lunar activities and the principled stipulation in UN space treaties. The non-appropriation principle stipulating that the Moon is not subject to national appropriation by use or occupation or by any other means is the most relevant to the legal status of stations constructed on the lunar surface. Characteristics of stations on the Moon are identified for legal consideration: a) utilization of lunar resources since the sustainability of human society is a long-term goal; b) celestial activities (comparing to activities in space); c) utilization of fixed lunar surface areas and de facto occupation of the areas. The following legal discussion focuses on the interpretation of further elements constituting the “appropriation” of the Moon: “exclusive” use of the appropriated part of the Moon on a “permanent” basis. This paper concludes with four technical aspects of a lunar station to be considered in lunar projects so as to fulfill treaty obligations: a) the purpose, b) the size, c) the mobility, d) the duration of operation, and e) the update of key information of the station on the Moon. Each relates to “exclusiveness” or “permanence” of the “appropriation.” This paper holds that when a lunar station meets only one of the “exclusiveness” or “permanence” of occupying and using the Moon, it should not be considered as constituting national appropriation to the Moon. Thus, the approach of fulfilling either one of “inclusiveness” or “impermanence” is suggested.