Moon, Mars and Minerals – Magic Menu for Mankind
R Saha
Paradigm change
The launch of
the orbital rocket Vikram I by the Indian company SkyRoot Aerospace has placed
India among the top few nations who are in the business of space economy. A
smooth transition from the “old space” to “new space” paradigm has begun and
soon we will be witness to extraction of minerals from Moon, Mars, and asteroids.
The New Space paradigm
is characterized by growing private investment, although government
participation remains essential. It promises lower launch costs, more reliable
launches and outer space technologies, shorter investment horizons, greater use
of commercial off-the-shelf (COTS) components, miniaturization and extensive utilization
of Low Earth Orbit (LEO). However, intensive exploitation of LEO is also
creating a serious challenge: increasing space debris, which could threaten
future launches and long-term space operations. The new
paradigm portends new technology and economic global order.
It is
reported that Rolls Royce has got funding to develop miniature nuclear reactor
for Moon base. Merck is joining hands with Varda Space Industries to create
pharmaceuticals in space.
Outer space treaties
All the outer
space explorations and economic activities are governed by some internationally
agreed treaties and agreements. Outer Space Treaty signed in 1967, and Moon
Agreement signed in 1979 presently regulating exploration, exploitation, utilization
of outer space and celestial bodies, do not provide a clear answer to “who will
own extracted minerals from Moon, Mars and other celestial bodies?”
The above two
treaties are the products of the cold war when only few nations were active in
space exploration. The other signatory nations were at the nascent stage of space
exploration. UN did play a balancing role to protect the interest of humanity
in the long term by declaring that no national sovereignty claims can be made
on outer space and celestial bodies. Most signatories were happy with the broad
considerations regarding rights of humanity built into these agreements.
Now that many
countries especially India and China have their own well developed space
programmes and technologies, they need to inject their aspirations in new and/
or amended treaties as the new space paradigm matures.
Artemis
Accords
The Artemis
Accords, an initiative of the US government through NASA, postulates that
signatory countries can claim ownership of minerals extracted from Moon, Mars,
asteroids and other celestial bodies. Only eight countries were the original
signatories in 2020. Now, the total number of members including India is 69.
China and Russia are not members so far and may not become members in the foreseeable
future driven by everchanging geopolitical situations. This initiative is on expected lines as USA is
the only country which brought Moon rocks and soil to earth through human
missions to Moon starting from 1969. Out of a total of 10 missions bringing Moon
rocks to earth, 6 were from USA (all human missions), 3 from Russia and 1 from
China. There seems to be reasonable knowledge about lunar minerals to plan
large scale extraction. Quite obviously, USA appears to have the best knowledge
of Moon minerals and expertise for extracting minerals on Moon. This accord cannot
be categorized as hard law, so it does not create any legal obligation on its
parties. However, it has sowed seeds for new alliances among several space
faring nations.
It is
reported that a Japanese company iSpace was granted a license to extract
resources on the Moon, which it will sell to NASA under Artemis Accords. This
deal suggests that NASA must be a partner in extraction and the end use of
minerals. The signs of monopolization and private rights are visible.
New
aspirations for presence on celestial bodies
One future objective
of having permanent human presence on Moon will include commercial and
industrial projects. Some well-known activities are (i) extraction of oxygen
from lunar debris (regolith), (ii) solar farming, (iii) extraction of water and
hydrogen and (iv) extraction of minerals including critical minerals and others
for use as building materials.
Activities on
Moon are the key to paving the way to
human presence on Mars using resources on Moon. This would reduce the
transportation cost of such resources to Mars and some asteroids. All
the above activities will predominantly and inherently technological
endeavours.
Ownership of extracted
minerals
What does ownership
of extracted minerals mean? It is likely that ownership will be in terms of extracting,
storing, processing, using, selling, transporting, the resources. It seems that the ownership rights over
extracted minerals will rest with the agency extracting the mineral. IP rights
will automatically be subsumed although IP rights over extracted minerals from
earth are not supported by IP laws of several countries. To start with, it may
be noted that it will be extremely difficult to bring minerals from say, Moon
to earth. Hence, the extracted minerals will have to be stored and processed on
Moon for final use.
This creates new legal questions. Who has jurisdiction over
an extracted resource as Artemis Accords cannot be the final answer? What
happens if two operators claim the same deposit? What constitutes unlawful
interference? If theft or a commercial dispute occurs on the Moon, what
dispute-settlement mechanism will apply?
There is also a broader issue. Space exploration is the
cumulative result of scientific and technological achievements developed over
decades by many nations. Launch systems, orbital operations, navigation,
robotics, telecommunications, landing technology and planetary exploration have
all contributed to today's capabilities.
Future rules governing space resources should therefore recognize
this cumulative technological heritage rather than rewarding only the first
commercial extractor. Weightages may be attached to who orbited
and/or landed before the introduction of new rights.
Issue of
sovereignty
Imagine a
future scenario when a country or a group of countries having hefty financial
resources, technology and know-how in extracting minerals on Moon, starts
claiming national sovereignty or appropriation rights over the primary source
like mountains, land, craters etc. Such a situation may arise once the
competition starts rising (may be after 50 to 100 years). A basic global understanding
must emerge before the first commercial extraction takes place. A new
interpretation of existing treaties will be needed to accommodate aspirations
of all spacefaring nations along with those interested only in reaping the
fruits. The future scenario appears uncertain, but each space faring nation must
protect its interests in exploiting resource of celestial bodies, now and in
future, for the benefit its citizens and the global community.
Outlook
India is in
the front in exercising its right of ownership on extracted (mined) minerals on
celestial bodies with its successful Moon and Mars missions. It may be remembered
that India was fast to set up its first research centre in Antarctica keeping
in mind its rightful ownership, if agreed by comity of nations, at any stage in
future. She must remain at the centre
stage of the politics of space regulation and governance for at least the next
100 years and must not lose the advantage built over years.
The race for space resources is no longer merely science
fiction. Technology, private investment and international partnerships are
steadily bringing commercial space activities closer to reality. The Moon, Mars
and asteroids may one day provide a new menu of resources for mankind. The
challenge is to ensure that this “magic menu” benefits humanity, while
rewarding innovation, investment and responsible exploration. The important
thing to watch is who will help write the rules governing what happens after we
get there.
The nations that write the rules for the resources of space
today may well write the economic history of mankind for centuries to come. Decisions
made today will shape the governance of space and determine how the wealth of
the cosmos is shared in the centuries ahead.