On May 30, the United States, in collaboration with SpaceX, successfully launched its first astronauts from American soil since 2011. This milestone highlights President Donald J. Trump’s dedication to transforming U.S. space endeavors, including revitalizing human space exploration. The launch represents a key step toward the U.S. goal of returning astronauts to the Moon by 2024 under the Artemis Program. Looking ahead, the U.S. aims to leverage the knowledge gained from lunar exploration to take the next major step: sending astronauts to Mars. The U.S. is not pursuing lunar and Martian exploration alone. On May 15, NASA introduced the Artemis Accords—bilateral agreements designed to involve other countries’ space agencies in the Artemis Program. These accords outline principles crucial for the governance of lunar exploration and future missions to Mars, marking a significant advancement in the regulation of space activities in this new era.
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Governance Principles
The bilateral agreements between NASA and other national space agencies, as outlined in the Artemis Accords, are designed to incorporate principles from existing space governance frameworks like the Outer Space Treaty. These principles aim to promote safe, transparent, and collaborative exploration, scientific research, and commercial activities in space for the benefit of all humanity. Specifically, the Artemis Accords will:
- Ensure that missions are conducted for peaceful purposes, as mandated by the Outer Space Treaty.
- Require transparency in space exploration plans and policies.
- Promote the interoperability of space systems.
- Reaffirm the obligations under the Rescue Convention to provide emergency assistance in space.
- Emphasize the importance of registering space objects and encourage partners to join the Registration Convention if they have not already done so.
- Mandate the release of scientific data.
- Protect significant heritage sites and artifacts on the Moon.
- Reinforce the Outer Space Treaty’s provisions on the extraction and use of space resources.
- Prevent harmful interference with lunar operations through clear activity deconfliction and safety zones.
- Commit to adhering to UN-negotiated guidelines for space debris mitigation.
Governance Strategies
In the Artemis Accords, the United States is leveraging existing space governance frameworks to advance its space activities, rather than seeking to revise the Outer Space Treaty or negotiate a new agreement. This approach contrasts with the Trump administration’s broader trend of rejecting multilateral treaties, such as the Paris Climate Agreement, and undermining international institutions like the World Trade Organization to remove perceived constraints on U.S. interests and power. By embracing the Outer Space Treaty, the Artemis Accords resolve debates about whether the treaty is outdated or overly restrictive on U.S. space activities.
The United States, through the Artemis Accords, is utilizing its position as the leading spacefaring nation to enhance international space law. As space law expert Christopher Johnson noted, NASA has described the Artemis Accords as an “ode to the Outer Space Treaty,” emphasizing how they reiterate and apply its principles specifically to lunar exploration. The Outer Space Treaty, along with other space treaties, will underpin NASA’s bilateral agreements with other space agencies, reaffirming their role as foundational elements for governing activities on the Moon, Mars, and beyond.
Notably, the Artemis Accords do not reference the Moon Agreement (1979), which has been contentious due to its declaration that the Moon and its resources are the “common heritage of mankind”—a concept that has not been widely accepted by the United States. With only 18 ratifying countries and no major spacefaring nation among them, the Moon Agreement has not gained significant traction. Instead, the Artemis Accords address lunar resource access and utilization within the framework of the Outer Space Treaty.
Furthermore, the accords introduce principles that, when integrated into agreements between NASA and other space agencies, will help develop international space law. For instance, the commitment to establish safety zones to deconflict lunar activities applies the Outer Space Treaty’s principle of avoiding harmful interference with the activities of other countries. This practical application of general principles can foster state practice and establish precedents, thereby providing greater focus and clarity to international space law.
Governance Challenges
Many countries are planning their own Moon missions, and the Artemis Accords specifically apply only to lunar activities conducted under the Artemis Program, not to other nations’ independent operations. For instance, China’s lunar missions, if conducted without NASA’s involvement, are not bound by the Artemis Accords. Nevertheless, the accords serve as a key diplomatic, legal, and normative reference for global lunar exploration, influencing space governance beyond the scope of NASA’s bilateral agreements.
The Artemis Accords are intergovernmental and do not directly address commercial space enterprises. NASA will handle contracts with private companies involved in the Artemis Program in a manner consistent with its typical practices for private sector projects. To maintain the legitimacy of the accords, NASA must ensure that these contracts reflect the Artemis principles where applicable. Additionally, the U.S. government will need to ensure that private-sector activities not involving NASA comply with the accords’ principles as appropriate.
A central point of contention in the Artemis Accords is the issue of space resources. The accords reinforce the U.S. position that the Outer Space Treaty allows countries to use resources such as minerals and ice from the Moon and Mars. President Trump’s April executive order reaffirmed the U.S. view that space is not a “global commons” and that U.S. policy supports both public and private recovery and use of space resources in line with applicable law.
This position has faced criticism. Russia’s Roscosmos has likened the U.S. stance to colonialism, arguing that it implies the right to claim and exploit space resources. Russian officials have expressed concerns about the compatibility of the Artemis Accords with international law, with comparisons drawn to historical invasions. Such reactions suggest that Russia and other countries with similar views might challenge the accords within the UN Committee on the Peaceful Uses of Outer Space or propose alternative governance frameworks for lunar activities.
Despite potential opposition, the United States remains undeterred. As the leading spacefaring nation, it wields significant influence over the conditions under which other countries engage with the Artemis Program. The Artemis Accords reflect a commitment to multilateral principles rather than unilateralism, and the agreements NASA negotiates with other space agencies will demonstrate international support for the U.S. position on space resource utilization. This approach underscores the U.S. strategy of advancing its interests through international agreements grounded in established multilateral space governance principles.
Edited from: The Artemis Accords and the Next Generation of Outer Space Governance
