In October 2020, NASA and seven other founding nations (Australia, Canada, Italy, Japan, Luxembourg, United Arab Emirates, and United Kingdom) signed the Artemis Accords, a set of principles to guide future cooperative activities related to the exploration of the Moon, Mars, comets and asteroids. Led by NASA in coordination with the U.S. State Department, the Accords aim to establish a common framework for space exploration as NASA works towards landing the first woman and next man on the Moon by 2026 through the Artemis program.
As of April 2024, the Artemis Accords have been signed by 39 countries across six continents. The Accords remain open for signature indefinitely as NASA anticipates more nations joining in the months and years ahead. While not legally binding, the Accords represent an important political commitment by the signatory nations to conduct their space activities in accordance with the principles outlined.
Grounding in International Space Law
The Artemis Accords build upon and implement the key obligations of the Outer Space Treaty and other relevant international space law instruments:
The Outer Space Treaty of 1967, which forms the basis of international space law
The Rescue and Return Agreement of 1968
The Liability Convention of 1972
The Registration Convention of 1975
The Accords also affirm the importance of coordination through multilateral forums like the UN Committee on the Peaceful Uses of Outer Space (COPUOS) to further develop international practices and rules applicable to space activities. However, the Accords were negotiated outside of COPUOS and the UN framework, drawing some criticism.
Notably, the Accords do not mention the controversial Moon Agreement of 1979, which declares the Moon and its resources as the “common heritage of mankind”. The U.S. and most other spacefaring nations have not ratified this treaty. Instead, the Artemis Accords address the use of space resources through the lens of the Outer Space Treaty.
SKey Principles of the Artemis Accords
The Artemis Accords establish ten core principles to guide the cooperation between signatories in the civil exploration and use of outer space:
Peaceful Purposes: All activities under the Accords must be conducted for peaceful purposes in line with the Outer Space Treaty.
Transparency: Signatory nations commit to transparency in their policies and plans for space exploration.
Interoperability: The Accords promote interoperability of space systems through common standards and practices.
Emergency Assistance: Signatories affirm their obligations under the Rescue and Return Agreement to provide emergency assistance to astronauts in distress.
Registration of Space Objects: In line with the Registration Convention, signatories determine which of them should register relevant space objects.
Release of Scientific Data: Signatory nations commit to the open sharing of scientific data in a timely manner.
Preserving Outer Space Heritage: The Accords emphasize the importance of preserving historic sites and artifacts on celestial bodies.
Space Resources: Signatories affirm that the extraction and utilization of space resources can be conducted under the Outer Space Treaty.
Deconfliction of Space Activities: To avoid harmful interference, signatories commit to providing notification and coordinating activities, including through the use of “safety zones”.
Orbital Debris and Spacecraft Disposal: Signatories plan for the safe disposal of spacecraft and mitigation of orbital debris.
Reactions and Implications
The Artemis Accords have been generally welcomed as an important step in advancing international cooperation and the development of norms for responsible behavior in space. The Accords represent the first time multiple nations have agreed on the importance of protecting historic sites in space and on the use of safety zones to avoid harmful interference.
However, the Accords have also faced criticism and opposition from some countries, most notably Russia and China. Concerns have been raised that the Accords are too U.S.-centric and were negotiated outside of the UN framework. There are also differing interpretations over whether the provisions on space resource utilization are consistent with the Outer Space Treaty.
As a series of bilateral agreements, the Artemis Accords do not create binding international law. However, by establishing a political framework and common practices among a growing number of nations, the Accords could significantly influence the development of international space law in the years ahead. With space agencies and commercial companies around the world pursuing missions to the Moon and beyond, the Artemis Accords provide an important foundation for peaceful cooperation and the sustainable use of space.
The Role of the Private Sector
The Artemis Accords come at a time of growing private sector involvement in space exploration. Companies like SpaceX, Blue Origin, and many others are developing new capabilities that will be critical to the success of the Artemis program and future lunar exploration.
However, the Accords only apply to the activities of the signatory nations and their space agencies, not to private companies. Private sector activities will instead be governed by the national laws and regulations of the countries in which they are based. This has led to some concerns about a lack of international oversight of commercial activities in space.
To provide more regulatory clarity for private companies, the Accords call on signatories to implement the principles through their own national laws and policies. The U.S. has already taken steps in this direction with the passage of the Space Act of 2015, which grants American companies the right to own and sell resources extracted from celestial bodies. As more nations enact similar policies, it will be important to ensure consistency with the principles of the Outer Space Treaty and the Artemis Accords.
Unresolved Issues and Future Challenges
While the Artemis Accords establish important principles for space exploration, many details still need to be worked out as signatories implement the Accords through bilateral agreements with NASA. Key issues to be addressed include:
The specific design and scale of “safety zones” around lunar operations
The process for providing notification and coordination of activities to avoid harmful interference
The sharing of benefits derived from space resources with the international community
The treatment of private sector activities and enforcement of the Accords’ principles
As NASA and its international partners move forward with the Artemis program, additional governance challenges are likely to emerge. With China and Russia pursuing their own lunar ambitions outside of the Accords, there is a risk of growing competition and conflict in space. Mechanisms for dispute resolution and the prevention of an arms race in space will be critical.
The Artemis Accords also do not directly address the longer-term issues of human settlements and resource utilization on the Moon and other celestial bodies. As the space economy develops and expands, additional international agreements may be needed to ensure the sustainable and equitable use of space for the benefit of all humankind.
Summary
The Artemis Accords represent an important milestone in international space cooperation. By establishing a common set of principles grounded in the Outer Space Treaty, the Accords provide a framework for nations to work together in exploring the Moon and other celestial bodies. The growing number of signatories demonstrates the global interest in peaceful space exploration and the sustainable use of space resources.
However, the Accords are just a starting point. Much work remains to implement the principles through bilateral agreements and national laws, and to address unresolved issues around safety zones, resource utilization, and private sector activities. Ongoing dialogue and coordination through the UN and other multilateral forums will be essential.
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