Volume XIV — Number 2
Carl Q. Christol
Abstract: In spite of prevailing fictions, this article argues that the 1979 Agreement Governing the Activities of States on the Moon and Other Celestial Bodies (Moon Treaty) will advance the national interest of the United States and provide an orderly process for future exploitation of the moon. Erroneous allegations against the Moon Treaty include that it aims to impose a memorandum on space exploitation, is a conspiracy designed to serve Soviet Interests, will include provisions to prevent the free enterprise system from arising in space, and allows for the appropriation of space by States. In truth, the Moon Treaty received unanimous United National General Assembly (UNGA) approval and builds upon the existing outer space treaties. The Moon Treaty is the first of a two-step international process whereby states first agree to allow for public and private actors to exploit space resources without constraint, and then later establish Space as the Common Heritage of Mankind (CHM)—meaning that an independent conference will eventually be held to determine how to equitably distribute the benefits of the Moon to the states party to the treaty. In light of the aforementioned points, hopefully the Senate will recognize that the Moon Treaty was established to allow public and private entities to exploit special resources now and in the future.
Key Words: Moon Treaty, United Nations, Soviet Union, Resource Exploitation, International Law
