Is it possible to mine resources on the Moon – what international law permits

The article examines the legal aspects of resource extraction on the Moon. Despite the 1967 Outer Space Treaty, which prohibits the appropriation of celestial bodies, the issue of commercial mining remains unregulated. The 1970s Moon Treaty, declaring resources the heritage of mankind, was signed by only 17 countries, without the participation of the US, USSR, and China. A position is emerging that a state can own resources it independently extracts, and individual countries are adopting their own laws.

The article analyzes the legal uncertainty surrounding resource extraction on the Moon. The 1967 Outer Space Treaty, signed by over 100 countries, prohibits national appropriation of space but does not regulate commercial mining. The 1979 Moon Treaty, declaring lunar resources the heritage of mankind, was ratified by only 17 states; the US, USSR, and China do not participate. In space law, a position is forming that a state can own resources it independently extracts, even if the lunar territory cannot be owned. The US and China are actively considering lunar exploration prospects, especially around the south pole. NASA has accelerated work on a nuclear reactor project on the Moon, fearing that China or Russia might create a similar facility first and establish a restricted access zone, contradicting the principle of free access to space. The UN continues work on new regulatory principles, but existing norms leave significant room for interpretation.