The year 2025 has seen a significant increase in private venture space missions, with some achieving great success and others facing unfortunate failures. One notable success was the American company Firefly Aerospace successfully landing its spacecraft, Blue Ghost Mission 1, on the Moon. This marked the first successful lunar landing of a privately owned spacecraft.
On the other hand, there have been several high-profile failures, such as the repeated explosions of Elon Musk’s SpaceX Starship rockets in January and March. These incidents have highlighted the need for updated laws governing space activities, as the current laws were established during the Cold War and do not adequately address the involvement of private companies in space exploration.
Currently, space activities are primarily governed by United Nations treaties dating back to the 1960s and 1970s. However, with the rise of private companies as major players in space, there is a pressing need to update these laws to ensure accountability and prevent the exploitation of space resources without regard for the public good.
One of the key challenges facing the space industry is the increasing risk of collisions among satellites, spacecraft, and space debris. While there are mechanisms in place to address liability after collisions, these largely apply to states rather than private companies. This leaves affected parties with limited options for seeking compensation in the event of damages caused by private spacecraft.
Another issue is the lack of clear rules regarding property rights in space, particularly when it comes to mining and selling mineral resources from celestial bodies like the Moon. The US has taken steps to promote private ownership of space resources through initiatives like the Artemis Accords, but this approach conflicts with the common heritage of mankind concept outlined in the 1979 Moon Agreement.
As more countries and private companies become involved in lunar exploration and mining, the lack of clear rules applicable to all space players poses potential risks and challenges. Without a comprehensive framework in place, there is a risk of conflicts and accidents in space, such as collisions between private spacecraft and lunar facilities.
In conclusion, the rapid growth of private venture space missions in 2025 has highlighted the need for updated laws and regulations to govern space activities. As more companies and countries enter the space industry, it is crucial to establish clear rules to ensure accountability, prevent conflicts, and promote the sustainable use of space resources for the benefit of all. Lunar traffic and mining activities have the potential to cause significant damage to the Moon’s surface. With private entities increasingly involved in space exploration and exploitation, questions arise about accountability for any harm caused. The current space law framework lacks provisions to address these emerging issues, highlighting the need for updated regulations to ensure the safe and sustainable use of outer space.
As commercial space travel and lunar missions become more commonplace, it is crucial to establish international agreements on the rules governing such activities. This will require extensive discussions to determine the extent of damage that should be remediated, the responsible parties for such remediation, and the process for seeking compensation for any harm caused. Additionally, regulations must be put in place to manage the growing volume of traffic in space and to incentivize countries to strengthen oversight of their private sector partners in joint missions.
One relatively straightforward issue to address is the direction of travel on future lunar highways, with the US and China leading the way by driving on the right side. However, more complex challenges related to environmental protection, resource exploitation, and liability for damages must be carefully considered and addressed through updated space laws.
As space exploration continues to advance and commercial activities in outer space expand, it is imperative that legal frameworks keep pace to ensure the responsible and sustainable use of celestial bodies like the Moon. By fostering international cooperation and developing clear guidelines for all stakeholders, we can promote safe and ethical practices in space exploration and exploitation.
Yucong Wang, a Lecturer at the School of Law and Justice, University of Newcastle, and Bin Li, a Senior Lecturer at the same institution, emphasize the importance of updating space laws to prevent the “wild west” scenario in outer space. This article, originally published on The Conversation under a Creative Commons license, underscores the need for new regulations to address the evolving challenges of lunar traffic and mining activities.
