Moon shadow
The legal framework governing activities in space in general and on or around the moon in particular has been a matter of great contestation. Collaboration has been the major casualty. The major players in space have jealously guarded their rights over exploration in space and the resources of the moon and other celestial bodies.
That is why all the major players in space have either not signed or not ratified the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, better known as the moon treaty or moon agreement. It was finalised in 1979 and came into force for ratifying parties in 1984 on the lines of the United Nations Convention on the Law of the Sea, which regulates the use of oceanic resources. The agreement turns jurisdiction of all heavenly bodies (including the orbits around such bodies) over to the international community.The legal framework governing activities in space in general and on or around the moon in particular has been a matter of great contestation. Collaboration has been the major casualty. The major players in space have jealously guarded their rights over exploration in space and the resources of the moon and other celestial bodies.
That is why all the major players in space have either not signed or not ratified the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, better known as the moon treaty or moon agreement. It was finalised in 1979 and came into force for ratifying parties in 1984 on the lines of the United Nations Convention on the Law of the Sea, which regulates the use of oceanic resources. The agreement turns jurisdiction of all heavenly bodies (including the orbits around such bodies) over to the international community. Drafted by the United Nations Committee on the Peaceful Uses of Outer Space, it stipulates that all activities on the moon and other celestial bodies in the solar system must conform to provisions that, broadly speaking, try to subject activity in space by individual nations to the control of the international community because space is a common resource of humankind.
But the treaty remains a dead letter as a list of countries that have ratified it makes abundantly clear (see box: Spaced out ) and space exploration continues to be governed by the less stringent Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, also known as the outer space treaty, which was sponsored, significantly, by the us, the uk and the Soviet Union and came into force in 1967.
The outer space treaty did impose some regulation on space exploration, but the most important of these were aimed at keeping space demilitarised, an important concern at the height of the Cold War. Otherwise, it did not impose undue restrictions on space exploration and research. National governments of countries carrying out space explorations were, in fact, made liable and responsible for all missions undertaken by them or organisations within their jurisdiction