THE NEXT MOON RACE An evolving legal and political framework

The chapter explores the geopolitical and legal dimensions of the renewed race to the Moon. Particularly, the present author focused on the regulatory framework applicable to lunar activities and the main legal challenges that arise from them. In the absence of a comprehensive and organised body of rules, this framework consists of a combination of principles, international space treaties, non-binding instruments, multilateral and bilateral agreements, customary norms, and national laws. Particular attention is given to the relationship between the 1967 Outer Space Treaty (OST) and the 1979 Moon Agreement, as well as to the relevance of the UN COPUOS Long-Term Sustainability (LTS) Guidelines and national space legislation. While these instruments help fill some regulatory gaps, they are also non-Moon specific and sometimes reveal issues of coordination and consistency in the existing regime. Adopting a bottom-up approach, the article also discusses specific regulatory challenges arising from past, present, and planned activities on the Moon and in the cis-lunar region, and potential legal solutions. The contribution addresses two key areas: the regulation of lunar landing sites, safety zones, and traffic coordination in the cis-lunar region; and the legal framework for lunar resources in light of the non-appropriation principle enshrined in the international law of outer space activities. The analysis highlights the fragmented nature of the current legal framework and underscores the need for cooperative and sustainable governance mechanisms to ensure the peaceful, transparent, and responsible use of the Moon for the benefit of all humankind.