Moon mining is getting closer to reality: Why we need global rules for extracting space resources


Author: Martina Elia Vitoloni | DCL Candidate Air and Space Law, McGill University

Celestial bodies like the moon contain valuable resources, such as lunar regolith — also known as moon dust — and helium-3. These resources could serve a range of applications, including making rocket propellant and generating energy to sustaining long missions, bringing benefits in space and on Earth.

The first objective on this journey is being able to collect lunar regolith. One company taking up this challenge is ispace, a Japanese space exploration company ispace that signed a contract with NASA in 2020 for the collection and transfer of ownership of lunar regolith.

The company recently attempted to land its RESILIENCE lunar lander, but the mission was ultimately unsuccessful. Still, this endeavour marked a significant move toward the commercialization of space resources.

These circumstances give rise to a fundamental question: what are the legal rules governing the exploitation of space resources? The answer is both simple and complex, as there is a mix of international agreements and evolving regulations to consider.


The article has a breakdown of the laws and further context

in reply to Nanook

Agreements and rules are necessary so that one group doesn't ruin it for everyone else. It also prevents (or at least reduces) conflict if everyone knows what the rules of the game are.

Here is an excerpt from the article:

A significant development in the governance of space resources has been the adoption Artemis Accords, which — as of June 2025 — has 55 signatory nations. The accords reflect a growing international consensus concerning the exploitation of space resources.

Considering the typically slow pace of multilateral negotiations, a handful of nations introduced national legislation. These laws govern the legality of space resource exploitation, allowing private companies to request licenses to conduct this type of activity.

To date, six nations have enacted this type of legislation: the United States in 2015, Luxembourg in 2017, the United Arab Emirates in 2019, Japan in 2021, Brazil in 2024 and most recently, Italy, which passed its law on June 11, 2025.

Among these, Luxembourg’s legal framework is the most complete. It provides a series of requirements to provide authorization for the exploitation of space resources. In fact, ispace’s licence to collect lunar regolith was obtained under this regime.


If you are referring to this paragraph:

These principles reaffirm the freedom of use and exploration of outer space for peaceful purposes, while introducing rules pertaining to the safety of the activities and their sustainability, as well as the protection of the environment, both of Earth and outer space.


Space junk is a growing issue, see Kessler Syndrome

en.wikipedia.org/wiki/Kessler_…

The Kessler syndrome underscores the critical need for effective space traffic management and collision avoidance strategies to ensure the long-term viability of space exploration and utilization.

The Kessler syndrome is troublesome because of the domino effect and feedback runaway wherein impacts between objects of sizable mass spall off debris from the force of the collision. The fragments can then hit other objects, producing even more space debris: if a large enough collision or explosion were to occur, such as between a space station and a defunct satellite, or as the result of hostile actions in space, then the resulting debris cascade could make prospects for long-term viability of satellites in particular low Earth orbits extremely low


It's a big enough concern that Kessler Syndrome is one of the potential solutions to the Fermi Paradox

Some astronomers have hypothesized Kessler syndrome as a possible or likely solution to the Fermi paradox, the lack of any sign of alien life in the universe. Any intelligent civilization which becomes spacefaring could eventually extinguish any safe orbits via Kessler syndrome, trapping itself within its home planet.