Legal measures to preserve lunar security and safety in the context of China–US competition to the Moon: An appraisal from China’s perspective

Abstract Following the announcement of lunar programs by the US and China in recent years, a new round of lunar competition has commenced. In the absence of effective international regimes, there is a pressing need to develop legal measures to preserve lunar security and safety. Rules on demilitarization and deconfliction are particularly crucial. The 1967 Outer Space Treaty establishes the principles of ‘peaceful purposes’ and ‘exclusively for peaceful purposes’, but their interpretation remains contested. The rise of cislunar space strategies further complicates the application of these principles. Meanwhile, for managing daily operations on the lunar surface, the US-led Artemis Accords propose safety zones to prevent harmful interference. However, non-signatories like China and Russia are not bound by these provisions. As a significant player in the lunar competition, China should contribute to the establishment and improvement of legal measures to ensure lunar security and safety. For lunar demilitarization, China should refine the PPWT draft to address the specific security demands of cislunar space and the Moon. Concurrently, China should actively participate in formulating norms, rules, and principles of responsible behavior to mitigate threats in cislunar space and on the Moon until a universally accepted legally binding treaty is achieved. For lunar deconfliction, considering that the creation of safety zones may become the earliest practice to fulfill the obligation to avoid harmful interference, China needs to coordinate with the US to negotiate detailed rules on the size, scope, nature, behavior, and dispute settlement measures related to safety zones.

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Publication Details

Journal
Leiden Journal of International Law
Published
2025-08-15
DOI
https://doi.org/10.1017/s0922156525100277
Primary Topic
Space exploration and regulation
Type
article
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article

Legal measures to preserve lunar security and safety in the context of China–US competition to the Moon: An appraisal from China’s perspective

Mingyan Nie
Leiden Journal of International Law
Space exploration and regulation
article

Legal measures to preserve lunar security and safety in the context of China–US competition to the Moon: An appraisal from China’s perspective

Mingyan Nie
article en

Abstract

Abstract Following the announcement of lunar programs by the US and China in recent years, a new round of lunar competition has commenced. In the absence of effective international regimes, there is a pressing need to develop legal measures to preserve lunar security and safety. Rules on demilitarization and deconfliction are particularly crucial. The 1967 Outer Space Treaty establishes the principles of ‘peaceful purposes’ and ‘exclusively for peaceful purposes’, but their interpretation remains contested. The rise of cislunar space strategies further complicates the application of these principles. Meanwhile, for managing daily operations on the lunar surface, the US-led Artemis Accords propose safety zones to prevent harmful interference. However, non-signatories like China and Russia are not bound by these provisions. As a significant player in the lunar competition, China should contribute to the establishment and improvement of legal measures to ensure lunar security and safety. For lunar demilitarization, China should refine the PPWT draft to address the specific security demands of cislunar space and the Moon. Concurrently, China should actively participate in formulating norms, rules, and principles of responsible behavior to mitigate threats in cislunar space and on the Moon until a universally accepted legally binding treaty is achieved. For lunar deconfliction, considering that the creation of safety zones may become the earliest practice to fulfill the obligation to avoid harmful interference, China needs to coordinate with the US to negotiate detailed rules on the size, scope, nature, behavior, and dispute settlement measures related to safety zones.

Leiden Journal of International LawVol. 38(4)
Nanjing University of Aeronautics and Astronautics (CN)
Openalex Percentile: Top 85%
Space exploration and regulation
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Legal measures to preserve lunar security and safety in the context of China–US competition to the Moon: An appraisal from China’s perspective — Mingyan Nie · Leiden Journal of International Law (2025) | TGRS Research Map | TGRS