NASA's intended lunar undertaking: establishing a nuclear reactor on the Moon - insights from a space legal expert on the reasoning and legal implications
The Moon, a celestial body long captivating our imagination, is on the brink of a new era. As space-faring nations turn their gaze towards the lunar surface, the question of energy sources arises. While solar energy may be unreliable due to the Moon's little atmosphere and 14-day stretches of darkness, nuclear power could be the key to sustainable lunar presence.
The 1967 Outer Space Treaty, ratified by major spacefaring nations, governs space activity and requires states to act with "due regard to the corresponding interests of all other States Parties." This treaty, along with the United Nations' 1992 Principles Relevant to the Use of Nuclear Power Sources in Outer Space, forms the basis for the current regulations and guidelines surrounding nuclear power on the Moon.
The use of nuclear power in space, including on the Moon, must adhere to stringent safety protocols to mitigate radiation risks and environmental hazards. The United Nations guidelines emphasize rigorous safety standards to contain radiation and prevent contamination despite the challenging environment on the Moon.
Any nation or entity establishing a nuclear reactor on the Moon is expected to designate safety and security exclusion zones—potentially covering a few square miles—to prevent other parties from entering sensitive areas. This practice acknowledges the need to manage operational hazards while supporting peaceful coexistence among different space actors.
Experts advocate for the pioneering countries, such as the U.S. and China, to lead in governance by publicly sharing plans, adhering to Article IX of the Outer Space Treaty, and committing to international participation and peaceful use norms. This approach aims to avoid territorial claims and conflict while enabling infrastructure development that will be critical for sustainable lunar presence.
The development of nuclear power for lunar bases will also blaze new trails in space law and policy, potentially setting precedents for future extraterrestrial activities and governance frameworks. As agencies like NASA accelerate plans to deploy nuclear reactors on the Moon by 2030, and as China announces its intentions by 2035, this is an area of dynamic policy development through the mid-2020s.
Nuclear power could be the linchpin for long-term human activity on the Moon and is essential for missions to Mars. The future of the Moon won't be determined by who plants the most flags, but by who builds what, and how. As we venture further into the cosmos, the Moon serves as a testament to the potential of nuclear power and the importance of international cooperation and adherence to established regulations.
References:
- "Nuclear power on the Moon: Who will lead the way?" The Conversation, 2021. Link
- "The Legal Implications of Nuclear Power on the Moon," The Space Review, 2021. Link
- "The Outer Space Treaty at 50: A Look at the Foundational Legal Framework for Space," The Space Review, 2017. Link
- "The United Nations' 1992 Principles Relevant to the Use of Nuclear Power Sources in Outer Space," United Nations Office for Outer Space Affairs, 1992. Link
- "NASA and the U.S. Department of Energy to Develop Small Nuclear Power Systems for Lunar Bases," NASA, 2020. Link
- The emerging era of lunar exploration, fueled by the ambitions of space-faring nations, is broaching critical questions regarding space law, especially with the potential use of nuclear power.2.SPACE Law and the United Nations' Principles Relevant to the Use of Nuclear Power Sources in Outer Space will play a significant role in governing the use of nuclear power in new space ventures, such as on the Moon.
- The development and deployment of satellites equipped with nuclear power sources on the Moon could significantly contribute to the space economy, providing a solution to energy sustainability challenges faced by lunar missions.
- The adoption of advanced technology for nuclear power generation on the Moon presents an opportunity for the merging of science, finance, and space-and-astronomy industries in a new phase of space exploration and economic growth.
