Back to the Moon: Legal Challenges for Future Lunar Exploration

This paper addresses the main legal challenges related to future human exploration of the Moon, with the goal to show possible solutions. In order to do so, it first presents an overview of current lunar exploration programs, arguing that public and private missions raise different challenges and thus require specific models. Following, it accordingly assesses possible legal solutions for the regulation of these programs. On the one hand, States’ exploration programs may be governed by a revised version of the Intergovernmental Agreement already concluded for the International Space Station. On the other hand, private activities could be better organized relying on Articles VI-IX OST as integrated by a new UNGA Resolution, ad hoc bilateral agreements and specific provisions in national space legislations. Finally, the paper concludes underlining the importance of international cooperation as the key to ensure the peaceful use and exploration of outer space.