March 27, 2018

Notwithstanding the international agreements, the USA declared about their land ownership on the Moon. Equipment and landing points of American Apollo missions on the Moon have “very wide scientific and historic knowledge,” which is owned by America, while other countries should liaise their actions in the space, which may prevent the USA facilities from operations. The Popular Mechanics journal noted such announcement by the White House.

The document reads that existing legal provisions, partly, “The Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies” (The Outer Space Treaty) must make other countries leave the Apollo Lunar Facilities in safety. “Any actions in the space, which may prevent the USA space facilities from operation, including the equipment on the Moon, must include preliminary consultations with the United States,” - the reports says.

The report also notes - “the country continues to hold and own the jurisdiction in relation to the American Lunar equipment and other states may cause damage to the facilities of the USA.” “The Apollo pads remain scientifically active, and all landing pads offer the possibility to learn the changes, associated with long term impact of the man-made systems in the rigorous lunar conditions, - the report reads. – Currently, there is very little data, which describe which effects of extreme temperatures, lunar dust, micro-meteorites, solar radiation and others impact such artificial material.”

To date, the USA is the only country, whose astronauts had landed on the Moon. NASA astronauts landed on the surface of the satellite of the Earth for six times within the framework of the Apollo Mission during 1969 to 1972.

We should note that the Outer Space Treaty (1967) established a set of main principles, intended to regulate the space activities, by establishing the principle of freedom of research and use of interplanetary space, including the Moon and other celestial bodies, the principle of non-appropriation, mandatory prevention of potentially harmful consequences of space activities and protection of the environment – directly of the interplanetary space, also of non-celestial bodies, it sets a prohibition to place nuclear weapons or any other mass destruction weapons in the orbit of the Earth, its installation on the Moon or on any other celestial body, or at a station in the interplanetary space. This Agreement was signed by the USA, Great Britain, and the Soviet Union. To date, 107 countries are the member-states of the Agreement. 23 more countries signed this Agreement, but have not completed ratification.

In development of the basic principles of the Outer Space Treaty “The Agreement Governing the Activities of States on the Moon and Other Celestial Bodies” (1979) better known as the Moon Treaty or Moon Agreement established that the Moon and its natural resources are common inheritance of humanity. The member-states may conduct their activities on research and use of the Moon at any location of its surface or subsurface. The Moon may not be owned through national appropriation either by declaration of its sovereignty, or by way of use of occupation or any other means. The surface or subsurface of the Moon, also parts of its surface or subsurface, or natural resources at the places, where they are located may not be property of any country, any international interstate or non-governmental organisation, national organisation or non-governmental institution or any individual person. Placement of personnel, space equipment, installations, stations and erections, including the structures, inexorably associated with its surface or subsurface, may not create any ownership rights to the surface or subsurface of the Moon, or their parts (para 3 of Article 11). As opposed to the Outer Space Treaty, the leading space powers have not singed the Moon Treaty.

On the 18th of November, 2015 the Congress of the USA passed the  Spurring Private Aerospace Competitiveness and Entrepreneurship Act of 2015 (SPACE Act of 2015) according to which American private companies are allowed to carry out exploration projects on extra-terrestrial bodies. Non-American specialist in international and Space law regarded the SPACE Act of 2015 as “head-on attack on the main principles of Space law”. “The new law is nothing but a classic rendition of "he who dares wins" philosophy of the Wild West.”  Space activity is regulated by the international law and is defined by two principles: the right of States to explore cosmic space and extra-terrestrial bodies and not allowing one-sided and uncontrolled commercial usage of celestial bodies’ resources.

https://www.popularmechanics.com/space/moon-mars/a19576001/preserve-apollo-landing-sites/   

https://www.whitehouse.gov/wp-content/uploads/2018/03/Protecting-and-Preserving-Apollo-Program-Lunar-Landing-Sites-and-Artifacts.pdf    

All news...