The new world order seeks to provide a regulatory framework for space activities by various stakeholders in order to create a thriving space ecosystem. The Indian Space Policy 2023 was formulated as an overarching, composite and dynamic framework to implement the reform vision approved by the Cabinet. Space regulations generally refer to international treaties, conventions and national laws that govern activities in outer space.
Humanity has moved rapidly from imagining space travel to landing on the Moon, planning lunar bases, and eyeing Mars as the next frontier. Technology now makes once-fantastical goals achievable. Yet, as ambitions grow, so do urgent questions: Who owns space? Who regulates activity beyond Earth? And who decides whether human plans align with environmental responsibility and long-term sustainability?
The stakes are high. Space is no longer an abstract frontier; it is becoming a domain of strategic, economic, and environmental significance. Decisions made today could shape international norms, private enterprise opportunities, and the very ethics of exploration for the decades to come.
Early Frameworks: The Outer Space Treaty and Beyond
The Outer Space Treaty (OST) of 1967 remains the cornerstone of international space law. Drafted before the first Moon landing, it reflected a precautionary optimism: space should be used peacefully, free from territorial claims, and for the benefit of all humankind. Its enduring principles —non-appropriation, peaceful use, and international cooperation—remain relevant even as technology accelerates human reach into the cosmos.
The decades that have followed have transformed the landscape. From Sputnik and Gagarin to the International Space Station, nations have steadily expanded their presence. Today, private companies such as SpaceX, Blue Origin, and Rocket Lab are driving innovation in exploration, satellite deployment, and commercial ventures, accelerating timelines for human and robotic missions.
The Moon Agreement (1979) attempted to clarify ownership and resource rights. It designated celestial bodies as the “common heritage of mankind” and proposed an international regime to manage benefits. However, its rejection by major spacefaring powers left it largely toothless as it was ratified by just 17 countries. The sticking point was sovereignty: why should states and firms investing in high-risk missions share benefits equally with those bearing no costs?
The Case for Resource Utilisation
Celestial bodies such as the Moon and near-Earth asteroids hold materials vital to both terrestrial industries and future space infrastructure:
- Metals and minerals: Titanium and aluminium could enable aerospace construction and solar technologies.
- Life-supporting elements: Lunar oxygen and hydrogen may produce water and breathable atmospheres.
- Energy potential: Helium-3, rare on Earth but abundant on the Moon, is a potential fuel for nuclear fusion, a clean energy source that could redefine global energy markets.
For instance, processing titanium in the Moon’s vacuum and low gravity could reduce energy costs compared to Earth-based manufacturing, while silicon from lunar regolith could support next-generation solar panels directly in orbit. These practical advantages make the Moon more than a scientific curiosity; it is an economic and technological frontier.
Human Spaceflight: Risks and Responsibilities
Human spaceflight has always carried significant risks. Since the early Soyuz tragedies to the Columbia disaster, space has demanded precision, resilience, and courage. By the early 2020s, over 500 astronauts from more than 40 countries had ventured beyond Earth.
Critics argue that robotic missions can achieve comparable scientific results at lower cost. Supporters counter that human intelligence and adaptability are unmatched, especially for complex repairs, exploration in unpredictable environments and in-the-moment decision-making.
With private actors democratizing access from SpaceX’s Crew Dragon to Virgin’s suborbital flights, space ownership questions are no longer hypothetical. Who gets to claim resources? Should profits flow to shareholders or humanity at large? How can exploration remain responsible and sustainable?
Learning from the Seas
The law of the sea provides a compelling analogy. Oceans, like space, are vast, resourceful and beyond any single nation’s sovereignty. Concepts such as Freedom of the High Seas, Exclusive Economic Zones (EEZs), and International Seabed Governance offer a model for regulating shared domains.
The International Seabed Authority (ISA) manages mineral extraction from international waters, balancing developed and developing nations’ interests. Similarly, the Antarctic Treaty System prioritises science and prohibits resource exploitation, showing how cooperative frameworks can prevent conflict and environmental harm.
Towards a Legal Framework for Space Mining
Any future framework must reconcile three forces:
- National interests of spacefaring states
- Commercial incentives for private enterprises
- Equity for non-spacefaring nations
A proposed international space authority could license operations, enforce environmental safeguards, and prevent monopolisation. Unlike the Moon Agreement, it would respect the investments of spacefaring nations while ensuring fair access and global benefits.
Such an authority could implement clear criteria for exclusive rights, Mechanisms to prevent non-productive claims, Transparent monitoring and reporting, and a dispute resolution process akin to maritime arbitration. This approach transforms abstract law into practical governance, making lunar mining a shared but regulated endeavour.
Way Ahead
- Codify environmental standards before the extraction begins.
- Design inclusive governance reflecting investors and non-spacefaring nations.
- Incentivise innovation within a regulated, non-monopolistic framework.
- Build robust dispute resolution mechanisms to avoid conflicts.
- Ensure transparency: open data and shared baselines foster trust and participation.
Conclusion
Space is no longer a distant dream but a strategic, economic and ethical frontier. Lessons from the maritime law and Antarctic governance show that cooperation, fairness and foresight are essential. By embracing these principles, humanity can ensure that the final frontier is a realm of collaboration, innovation and shared prosperity, rather than conflict and unchecked exploitation.
The way we govern the stars will reflect who we are as a species: exploiters or stewards, competitors or collaborators. Space challenges us not only to explore, but to act wisely, ethically and collectively.
Title Image Courtesy: https://in.thedollarbusiness.com
Disclaimer: The views and opinions expressed by the author do not necessarily reflect the views of the Government of India and the Defence Research and Studies
