Artemis Accords: Are Safety Zones Practical for Long Term Commercial Lunar Resource Utilisation?

Abstract

Commercial lunar resource extraction activities could become a reality in the mid to long term. Under the existing Outer Space Treaty, there is ambiguity regarding the legal context within which such activities could occur. The Artemis Accords, signed in 2020, are proposed as a mechanism by which space resource extraction activities could take place, with a key proposal of the Accords being the use of Safety Zones to facilitate lunar resource extraction. Whilst the use of Safety Zones is ostensibly proposed for small scale In Situ Resource Utilisation (ISRU) activities focussed on lunar water production, messaging around the Artemis Accords has indicated that there may be an intent to use them to set precedent for longer term, larger scale commercial resource activity. This article explores the practicability of using Safety Zones for large scale commercial lunar resource extraction from the perspective of the commercial entities that could undertake such activities. Conceptual long term demand for water sourced from ice contained in the lunar Permanently Shadowed Regions (PSRs) is derived, and the surface area required to produce sufficient water to meet this market demand determined. Due to the potential characteristics of water ice occurrence in the lunar PSRs, the footprint of operations could be substantial, and virtually without precedent in the terrestrial extractive resource industries. The article concludes that the use of the Safety Zones proposed in the Artemis Accords could be impractical for the governance of large scale commercial lunar resource production. It is suggested that whilst small scale ISRU activities take place under the auspices of the Artemis Accords, efforts are continued to develop a multilateral governance framework acceptable to both the international community and to the commercial sector for the potential large scale development of lunar resources.