The Artemis Accords: Evolution or Revolution in International Space Law?

Abstract

Adopted in October 2020, the Artemis Accords are a set of 13 provisions establishing a principled framework for the sustainable human exploration of the Moon and the other celestial bodies, including the exploitation of their natural resources. This article examines the extent to which the Artemis Accords comply with international law and international standards. It argues that, while rooted on the provisions of the Outer Space Treaty, the Artemis Accords introduce a significant innovation in international space law by replacing the anticipatory approach to the regulation of outer space activities with the staged principle of adaptive governance.

The Artemis Accords: Evolution or Revolution in International Space Law?

“…The difference with the anticipatory approach to the regulation of space resource activities set forth in the Moon Agreement-which subordinates the exploitation of the natural resources of the moon to the conclusion of an international framework contemplating appropriate procedures for the material execution of mining activities-is striking. 91 In a similar vein, Section 11, paragraph 6, of the Artemis Accords states that:…”

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“…The explicit commitment of the signatories to operate within the boundaries of the Outer Space Treaty's principles makes the content of the Artemis Accords relatively uncontentious. However, closer scrutiny reveals that certain provisions of the Artemis Accords go a step further than mere implementation, effectively introducing concepts and principles not mentioned in the Outer Space Treaty, thus raising issues of compatibility (Deplano, 2021).…”

“…The second type consists of provisions that cite articles of the Outer SpaceTreaty instead of replicating their content. For example, Section 4 of the Artemis Accords requires the signatory States to share scientific information resulting from their space activities with the public and the scientific community on a good faith basis and consistent with Article XI of the Outer Space Treatythat is to say, providing the details of the nature, conduct, and locations of such activities (Deplano, 2021).…”

“…For example, Section 4 of the Artemis Accords requires the signatory States to adopt standards that will ensure the interoperability of any infrastructure used for space-based exploration. The provision reflects established practice in the field of international cooperation in outer space, dating back to the historic docking of the joint Apollo-Soyuz mission in 1975 (Deplano, 2021).…”

“…To that intention, it has elaborated a set of guidelines that will form an integral part of any subsequent agreement with international partners. In practice, states wishing to enter into collaboration with NASA must commit in advance to abide by the principles outlined in the Artemis Accords (Deplano, 2021).…”