© R Saha

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.