Lunar Refueling: Legal Issues and Suggested Solutions

The establishment of settlements and economic activities on the Moon is expected to occur in the near future, positioning the Moon as a critical hub for continued exploration of the Solar System. Central to this development is the creation of a lunar refueling industry, which will play a pivotal role in supporting lunar activities and fostering further exploration. Lunar refueling, which includes extracting local resources like lunar ice water to obtain hydrogen, offers key benefits, such as reducing the need for resupply missions from Earth, lowering launch costs, extending mission capabilities, and enabling launches from the Moon, which are more cost-effective due to the Moon’s lower gravitational pull. While lunar refueling is expected to empower the lunar economy and transform the Moon into a gateway for deep-space missions, facilitating exploration of destinations like Mars and asteroids, it also raises legal and environmental concerns. This Paper does not address environmental concerns; it focuses instead on some of the legal questions, arising particularly under the Outer Space Treaty (“OST”), discussing potential implications of Articles II, IX, and XII OST on lunar refueling, and arguing the issues are manageable. Further, the Paper examines the possibility of conflicts arising from competition for prime locations and potential interference. Given the current unlikelihood of negotiating new treaties or amending existing ones, this Paper advocates for the development of industry-sponsored guidelines for the lunar refueling industry to foster common practices, incorporate ethical standards, ensure compliance with the OST, and promote safer operations. The Paper also advocates for voluntary cooperation among stakeholders, in the form of shared facilities, resource pooling, and network contracts, arguing that these instruments–besides promoting efficiency–can also help foster compliance with the OST, enhance coordination, and mitigate the risk of conflicts. The proposed guidelines and the suggested cooperative and coordinated solutions may also be environmentally beneficial and foster sustainability.