Private Space Companies Are Emerging Rapidly... But No International Regulations for the Space Industry

# On the 20th of last month (local time), the lunar and Mars exploration spacecraft 'Starship' launched by the US private space company SpaceX from Boca Chica Beach, Texas, failed its test launch. It exploded in mid-air just 4 minutes after liftoff, but Elon Musk, CEO of SpaceX, emphasized that they will conduct another test in a few months.

SpaceX's 'Starship'
Photo by Reuters Yonhap News

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# On the 26th of last month, the unmanned lunar lander 'Hakuto-R Mission 1' developed by the Japanese private venture company ispace failed to complete its mission due to loss of communication just before reaching the lunar surface. As Japan's first lunar probe, if this project had succeeded, Japan would have become the fourth country in the world to successfully land on the moon after Russia, the United States, and China. ispace plans to launch lunar landers again next year and the year after.

As private companies from major countries around the world are racing to accelerate lunar exploration projects, Bloomberg reported on the 2nd that uncertainties are increasing due to insufficient related international regulations.

Currently, there are virtually no international treaties related to space. According to the report, the 'Outer Space Treaty' adopted in the 1960s and joined by over 100 countries contains basic principles on space exploration and use, but only briefly mentions 'non-governmental organizations.' Later, under the mediation of the United Nations (UN), the 'Moon Agreement' with more detailed provisions was created in 1979, but only 18 countries accepted it. Most importantly, major countries such as the United States, China, and Russia did not ratify it.

Bloomberg evaluated, "Missions like private lunar exploration herald a new era of space activities long used as science fiction (SF) themes, such as installing greenhouses on the moon to grow crops or surveying the lunar surface with drones." It also pointed out, "There are quite a few fundamental questions in the space community about 'who sets the rules,' and many major spacefaring countries have not agreed on the basis for regulating the commercialization of lunar resources."

Japan's 'Ice Space' lunar lander illustration
[Image source=Yonhap News]

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The Artemis Accords, led by the US National Aeronautics and Space Administration (NASA), have been signed by about 20 countries including 8 European countries, 7 Asian countries, and 2 North American countries, but China and Russia claim it is a devious response by the US to claim lunar territory. China and Russia agreed in 2021 to build the International Lunar Research Station (ILRS) by 2035 and are pursuing it alone without additional countries.

Ultimately, recent lunar exploration or travel programs are being pursued without international regulations such as treaties. Japan's ispace lunar landing attempt was also an activity based on commercial activity permits under Japanese law rather than separate international regulations. In the US, former President Donald Trump signed an executive order in 2020 to help domestic companies freely mine lunar and other space resources. Besides this, the United Arab Emirates (UAE) and Luxembourg, which are active in space development, also have similar regulations at the individual country level.

However, Bloomberg reported that many experts express the opinion that lunar exploration and lunar travel based on international regulations rather than individual countries' orders or laws are desirable. Professor Stephan Hobe, who lectures on space law at the University of Cologne in Germany, pointed out, "It is impossible to enact laws at the national level for the moon and other celestial bodies because they are not the territory of any specific country," adding, "One thing is clear: such acts are illegal."

Despite the lack of international regulations, the number of countries ambitiously pushing forward lunar projects is increasing. NASA is promoting Artemis, a manned lunar exploration plan for the first time in over 50 years, and China, Europe, India, Japan, Russia, and the UAE are also putting effort into lunar-related projects at the government level.

Private companies are also creating lunar travel programs. If successful cases emerge from private companies, demand for lunar travel is expected to surge. Experts also foresee an increase in companies attempting business based on individual country regulations. Rosanna Deplano, a professor at the University of Leicester Law School in the UK, said that companies entering the space business will, under the current circumstances, "try to choose the easiest legal jurisdiction."

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