Legal Liability for the Moon Base: International Arbitration and Compensation for Damages
- Paper ID
97676
- DOI
- author
- company
Chengdu University of Technology
- country
China
- year
2025
- abstract
With the acceleration of lunar exploration and development activities, the construction of lunar bases has become an important part of multinational space programs. However, the special nature of the lunar environment and the risks that may be brought about by human activities make the traditional Earth legal system face great challenges in dealing with accidents on the lunar surface. The existing framework of international space law, in particular the Convention on Liability for Damage to Space Objects (1972), focuses on Earth-orbital and terrestrial accidents, while there is a lack of clear provisions on the determination of legal liability for activities on the lunar surface and the mechanism for compensation for damages. Therefore, it is urgent to construct a legal liability determination and compensation mechanism applicable to the lunar surface, and regulate the main legal issues that may arise from the construction of lunar bases, including the fall of abandoned probes, lunar dust pollution, and geological changes caused by mining activities, which may cause damage to other countries' facilities, scientific research missions, and even the lunar environment itself. In order to solve this problem, this paper proposes the idea of establishing an arbitration mechanism for lunar accidents. Drawing on the model of international investment arbitration, the mechanism aims to deal with cross-border damage disputes arising from activities on the lunar surface through the establishment of an independent and neutral arbitration body. Specifically, the mechanism would include the following core elements: clear criteria for determining liability, taking into account the subjective negligence of the actor State, the technical reasonableness and the seriousness of the consequences of the injury; fair and transparent reparation rules to ensure that the injured State receives reasonable financial compensation; Efficient dispute resolution procedures to avoid protracted disputes that may affect the progress of lunar exploration. Through the establishment of the "Lunar Accident Arbitration Mechanism", it can fill the gap in the current international space law in the field of legal liability for lunar activities, and provide a fair and predictable legal environment for the activities of various countries on the moon. This mechanism will not only help safeguard the legitimate rights and interests of all countries in lunar exploration, but also lay a solid legal foundation for the sustainable development and utilization of lunar resources in the future.