Equity on the Moon and Beyond: Legal Analysis and Proposals for Space Regulation in the 21st Century

Abstract

The increasing involvement of both states and private actors in space exploration has exposed critical gaps in the current legal frameworks governing outer space. This paper examines the Outer Space Treaty (OST), the Moon Treaty, and the Artemis Accords, focusing on how they address equity, sustainability, and resource exploitation. Using a comparative legal analysis, the study identifies tensions between the principles of non-appropriation and the emerging practices of privatization, particularly under the Artemis Accords. The analysis highlights that the fragmentation of regulatory frameworks disproportionately benefits technologically advanced states, while excluding less developed nations from equitable participation in space activities. The study’s methodology is based on a doctrinal legal analysis, including the review of treaties, international instruments, and scholarly literature, complemented by expert commentary. The results reveal that the OST and the Moon Treaty promote cooperation and equitable use of outer space but lack effective mechanisms for resource governance and benefit-sharing. In contrast, the Artemis Accords encourage commercial participation and national regulatory autonomy but risk undermining international consensus. The paper concludes that a balanced governance model is essential for the future of space regulation. It proposes the creation of an International Outer Space Authority to oversee resource exploitation, establish a global licensing system, and ensure equitable distribution of benefits. Additionally, it recommends the adoption of an International Code of Conduct to promote sustainability, responsible practices, and transparency. These measures aim to bridge legal gaps, prevent conflicts, and ensure that outer space remains a shared resource for the benefit of all humanity. By addressing both regulatory fragmentation and practical challenges, this study contributes to the ongoing debate on space governance, offering actionable proposals for equitable and sustainable space law.