Moon Exploration: Legal Aspects

Author:Sergey Krichevsky and Alexander Bagrov
Position:Doctor of Philosophical Scienses, Professor, Chief Researcher, S.I. Vavilov Institute or the History of Science and Technology of the RAS (Moscow, Russia)/Doctor of Physical and Mathematical Sciences, Leading Researcher, Institute of Astronomy of the RAS (Moscow, Russia)
Pages:34-49
Advanced Space Law, Volume 4, 2019
34
Moon Exploration: Legal Aspects
Sergey Krichevsky1
Doctor of Philosophical Scienses, Professor, Chief Researcher, S.I. Vavilov Institute
or the History of Science and Technology of the RAS
(Moscow, Russia)
E-mail: svkrich@mail.ru
https://orcid.org/0000-0002-1094-7770
Alexander Bagrov2
Doctor of Physical and Mathematical Sciences, Leading Researcher,
Institute of Astronomy of the RAS (Moscow, Russia)
E-mail: abagrov@inasan.ru
https://orcid.org/0000-0003-0348-4971
Legal aspects of the theory and practice of Moon exploration are investigated through the problem
statement in philosophical and legal discourse with the reection of history, current condition and
prospects, including the issue of its total colonization. Materials and results of initial research were
published in 2018-2019. Main concepts and denitions are given. Main legal aspects of Moon exploration
are highlighted and briey reviewed: 1) human rights; 2) licensing; 3) intellectual property protection;
4) natural resource extraction and usage; 5) environmental protection; 6) new technologies, technical
activities regulation and safety; 7) natural and cultural heritage preservation. Main conclusions and
recommendations are formulated.
Keywords: Moon exploration and colonization, space activities, space law, licensing, intellectual
property, environment, human rights, natural and cultural heritage, natural resources, technology
Received: September 27, 2019; accepted: November 01, 2019
Advanced Space Law, Volume 4, 2019: 34-49.
https://doi.org/10.29202/asl/2019/4/4
Introduction
In the problem statement in philosophic-legal discourse, we will briey consider the main
legal aspects of the theory and practice of Moon exploration with the reection of history,
current condition and prospects, including to the point of its total colonization. Materials and
© Krichevsky, Sergey, 2019
© Bagrov, Alexander, 2019
Moon Exploration: Legal Aspects
by Sergey Krichevsky and Alexander Bagrov
Advanced Space Law, Volume 4, 2019 35
results of initiative researches were published in 2018-20191. Main concepts and denitions
were given. The following main legal aspects of Moon exploration were allocated: human
rights; licensing; intellectual property protection; natural resource extraction and usage;
environmental protection; new technologies, technical activity regulation and safety; natural
and cultural heritage preservation.
That is why in 2019 the subject of Moon exploration became essential due to:
1) anniversary dates — achievements in the history of Moon exploration. 60 years since rst
ights of automatic stations to the Moon. “Moon-1” ew at the distance of ~ 6000 km away
from it, “Moon-2” reached the surface, “Moon-3” took and transmitted rst pictures of the
far side of Moon (1959, USSR). 50 years since rst human Moon landing and rst human
step on it (Neil Armstrong, 1969, Apollo-11, USA); 2) new projects and results of ights to
the Moon (China, Israel, India, etc.), USA plans to provide mankind attendance of the Moon
by 2024, project of moon program development in Russia [Krichevsky, 2019b; Mirovaya
pilotiruemaya kosmonavtika, 2005; NASA; ROSKOSMOS].
Experience, problems and perspectives of evolution in theory and practice of Moon
exploration and familiarization lead us to comprehension of necessity of urgent liquidation
of existing lag in space activity regulation on national and international levels and crucial
importance of forward-looking development of space law and new society institutions.
All this correspond to the eorts of world society under United Nations auspices, aimed
at stable development of space activity which found their reection in two new and important
UN Conventions on space law and policy which were organized by space Committee —
UNOOSA (2018, Moscow, Russia and 2019, Istanbul, Turkey) [United Nations Oce for
Outer Space Aairs]. This is necessary but not sucient.
In international space law and space policy there are complex contradictions between the
states and other participants concerning choice of model, vector, space exploration rates and
technologies, extraterrestrial resources usage taking into account interests, potential of process
participants, experience, internal and external constraints and other factors (see: [Volynskaya,
2018; Yeshchuk & Vasina, 2019]).
For ecient response to complex global challenges in rapidly changing environment, usage
of space activity potential and new technologies for exploration of space and its resources in
order to promote well-balanced stable development world society will have to move from the
paradigm of parted and conicting mankind to a new paradigm of unied mankind including
the formation of the World space union [Krichevsky, 2019a].
It is necessary to create a new conception and model of space law for Moon exploration
that will reect the realties and perspectives of space exploration by world society in the
upcoming new third period of Space era including the earlier proposed superglobal project of
1 Authors have considerable experience of scientific researches, development and realization of
projects in the sphere of space activity, a number of publications. Sergei Krichevsky is a professional
military pilot and test-cosmonaut who was a member of USSR and Russia cosmonaut squad in
1989-1998, in 1992 he took part as an expert of Supreme Council of Russia in the development of
law project “About space activity”, since 1998 he has studied history of aerospace engineering and
activity. [Mirovaya pilotiruemaya kosmonavtika, 2005: 603; Zakon, 1993; Vlasov & Krichevsky,
1999; Krichevsky, 2012, 2018, 2019a, 2019b; Krichevsky & Udartsev, 2019]. Alexandr Bagrov is
an astronomer and developer of tools for space explorations, in 1994-2014 he carried out researches
on preparation of space experiment “Oziris”, since 2014 he has taken an active part in preparation of
Russian lunar missions [Patent, 2012; Sysoev et al., 2017; Bagrov & Leonov, 2015; Bagrov, 2019a,
2019b].

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