The Outer Space Treaty requires that the Moon be used for “exclusively peaceful purposes.” Is that sentiment doomed to fail? $$PLAIN_TEXT_PREVIEW$$

Hello!

Welcome to the second edition of The Transmission! A six-part newsletter series presented by Moon Dialogs featuring content on our three themes: Sustainable Moon, Accessible Moon, and Peaceful Moon.

This edition is focused on Peaceful Moon. 🌔🕊

While the Outer Space Treaty seeks to ensure the Moon and other celestial bodies are used only for “exclusively peaceful purposes,” the ambiguity regarding permissible lunar activities increases the risk for potential conflict. To explore this issue further, we posed the question, “How is lunar security different from space security?” to Nivedita Raju, a space and aviation lawyer working as an associate researcher at the Stockholm International Peace Research Institute (SIPRI). Below, we share an excerpt of her response along with a few from our audience. To read Nivedita’s full answer, click here.

Enjoy, and please share!

➤ The Big Question

How is lunar security different from space security?

Written by Nivedita Raju

My response to this question relies on a story from the ancient Sanskrit epic, the Mahabharata. There was once a kingdom ruled by a tyrant named Kamsa. Kamsa received a prophecy foretelling his death at the hands of the eighth son of his sister, Devaki. Incensed, Kamsa went on a rampage, imprisoned Devaki, and executed her first six sons. The gods were compelled to intervene to protect her last two children, including her eighth son, Krishna. Krishna was raised in secret but continuously subjected to attacks from Kamsa and his demons. Seeking an end to the violence, Krishna finally killed Kamsa.

There is a lack of clarity on permissible use and lunar activities. Amid these ambiguities, rhetoric on conflict in space and its extension to the Moon has the potential to become reality.

The potency of the self-fulfilling prophecy is evident in this morbid tale. It was the character’s conviction in the prophecy that led to his demise. The story contains a valuable lesson in the power of rhetoric for lunar security today. There is a lack of clarity on permissible use and lunar activities. Amid these ambiguities, rhetoric on conflict in space and its extension to the Moon has the potential to become reality with devastating outcomes for us all. Correcting this narrative and clarifying these rules is therefore essential. In this piece, I distinguish between lunar security and space security on the basis of its special protections under international law. I then argue that aggressive rhetoric in the absence of clearly defined rules is misguided and detrimental to all lunar stakeholders. 

Agreements regarding lunar activities suggest substantial demilitarization

I view lunar security as a subset of space security, with a significantly greater standard of demilitarization. This is reflected in Article IV of the Outer Space Treaty, which places an obligation to use the Moon and other celestial bodies for “exclusively peaceful purposes.” The provision also prohibits “military bases, installations, and fortifications, the testing of any type of weapons and the conduct of military manoeuvres.” The provision additionally specifies that military personnel for scientific research and “other peaceful purposes” are permitted. While the interpretation of the term “peaceful purposes” has undergone much debate, State practice shows that space activities have been conducted by military personnel and for various military purposes. This evidence indicates that “peaceful” is interpreted as non-aggressive, rather than non-military. 

Article IV of the Outer Space Treaty places an obligation to use the Moon and other celestial bodies for “exclusively peaceful purposes.”

The Outer Space Treaty incorporated the term “peaceful” based on several preceding UN resolutions. Its origin can be traced to the non-militarization clause in the Antarctic Treaty, which requires that Antarctica be used for “peaceful purposes only” with similar prohibitions on specific military activities. Through the course of negotiations, however, the standard was diluted for outer space, and the term “exclusively peaceful purposes” was finally agreed to apply only to the Moon and other celestial bodies. The insertion of the term “exclusively” therefore implies that for the Moon, the standard for “peaceful” is not only non-aggressive but has a higher requirement of demilitarization.

 âž¤ Read Nivedita’s full piece! 

➤ The Comet Section

We posed “The Big Question” to our audience. Here’s what they had to say.

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“Lunar security is an aspect of overall space security. It expands traditional notions of space security, which primarily focus on how space impacts the terrestrial domain, to one where space security is needed explicitly for the conduct of space activities, such as lunar mining, research, or safety” — Alex, United States

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“Lunar security differs from space security because we are talking about our natural satellite that is close to our planet and essential for our life on Earth. We need to preserve lunar security, as well as the cislunar orbit through a common approach and standards, taking into account all actors involved, especially private entities that are developing new activities on the Moon.” — Anne-Sophie, Italy

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“The Space Security Index pioneered a definition of space security rooted in the Outer Space Treaty’s core principles of peace, equality, and inclusivity. Emphasizing the safe, secure, and sustainable use of, and access to, outer space for all, this definition can also be applied to lunar security. The key difference is hindsight: we have the benefit of learning from past pitfalls to get it right.” — Jessica, Canada

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“Lunar security differs from space security because it must navigate terrestrial geopolitical ambitions over a finite resource in the near term. The Moon not only serves as humanity’s starting point for extraterrestrial colonization and commercialization but also as an invaluable scientific laboratory and a sacred object to some. Lunar security must negotiate these conflicting priorities while mitigating negative long-term consequences to the overall lunar ecosystem.” — Joshua, United States

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“Lunar security, a celestial fragment of the broader space security, pertains to the state of ensuring sustainable access to, preservation of, and free exploration of lunar resources. Space security embraces this notion but expands the scope to defend access to and secure operability in all corners of space for all actors and activities beyond Earth atmosphere.” — Julia, United Kingdom

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➤ Add to Your Tabs

Interested in learning more about lunar security Here are some resources put together by the Peaceful Moon 🌔🕊 Action Team:

  • The Lunar Legal Landscape: Challenges and Opportunities (2021) by Tanja Masson-Zwaan, Mark J. Sundahl

  • Transparency and Confidence-Building Measures for Lunar Security (2021) by Nivedita Raju

  • Moon Rush: The First Step in a New Security Space (2021) by Juan Javier Macho Guerrero

  • The future of security in space: A thirty-year US strategy (2021) by Clementine G. Starling, Mark J. Massa, Lt Col Christopher P. Mulder, and Julia T. Siegel

  • Navigating Space: A vision for space in defense (2021) by the Space Court Foundation Editorial Team

  • Avoiding conflict in outer space (2019) by Dr Brian Weeden, Victoria Samson, and, Chris Johnson

  • The Politics of Space Security (2019) by James Clay Moltz

➤ What’s for Launch?

The 64th session of the Committee on the Peaceful Uses of Outer Space (COPUOS) is wrapping up! See what you missed here. Plus, we’ll return in late September with a new research salon. Stay tuned!

đź‘‹ Catch you Lunar!

We hope you enjoyed this second edition of The Transmission! Our next edition will be published in late September and will focus on Accessible Moon 🌔🚀.

We’ll release “The Big Question” for our 3rd edition and begin accepting submissions on Wednesday, September 8.

Stay tuned by following us on Twitter or checking our website!

 

About Moon Dialogs

The Moon Dialogs is a partnership focused on governance and coordination mechanisms for the lunar surface. Visit moondialogs.org to get involved. The Transmission is prepared and edited by Victoria Heath, Program Manager at Moon Dialogs with help from the Conveners.

Feature image credit: Nancy Liang (CC BY-NC-ND)

Disclaimer: The views and opinions expressed in this newsletter do not necessarily reflect the views and opinions of Moon Dialogs or its stakeholders, conveners, and partners. Questions or concerns can be directed to victoria@moondialogs.org.

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