Private missions to the Moon: Regulatory lag fuels space risk
In 2025, there's a notable increase in private space missions. While successes like Firefly Aerospace landing on the Moon highlight progress, failures such as SpaceX rocket explosions underscore ongoing challenges. Existing regulations from the 1960s and 70s are struggling to keep pace with these developments.
Space is becoming crowded. In just the first three months of 2025, more private space missions left Earth's orbit than ever before. The American company Firefly Aerospace successfully landed its Blue Ghost Mission 1 on the Moon, marking the first such achievement for a private company. However, not all attempts were successful. The dramatic explosions of Elon Musk's Starship rockets in January and March are reminders of the risks associated with these ventures and raise questions about current regulations.
Regulations as old as the Cold War
Space activities are predominantly regulated by international treaties of the United Nations. These include the Outer Space Treaty of 1967, the Liability Convention of 1972, and the Moon Agreement of 1979. These agreements were established during the Cold War, when space exploration was largely driven by military considerations and conducted primarily by nation-states.
Nowadays, private companies play a leading role, necessitating updates to regulations to prevent space from becoming a kind of "Wild West," where tech billionaires and their companies can act as they wish, with insufficient accountability or regard for the public interest.
Commercial missions aim to explore and exploit space resources, potentially bringing space within reach of those prepared to invest considerable sums. Crucially, most of the approximately 11,000 active satellites orbiting the Earth are privately owned.
Private spacecraft journeys are now increasingly blending commercial and national objectives. NASA now relies on partnerships with companies to leverage expertise and save costs. The European Space Agency is adopting similar strategies, as are many of the 77 countries running space programmes.
What about satellite collisions?
Private companies, like SpaceX, attract attention and funding, but what happens when something goes wrong? Current regulations do not make companies directly liable for damages caused in space. The Liability Convention of 1972 mainly applies to states, not private entities. In the event of satellite collisions, the injured party must make claims through diplomatic channels, instead of directly against the company. The path to claim resolution can be complex, slow, and subject to diplomatic negotiations.
The Outer Space Treaty requires the avoidance of outer space contamination, but it does not directly tackle the problem of increasing space debris. The lack of clear definitions and enforcement mechanisms complicates addressing this issue.
We are nearing a time when people will be able to extract resources from celestial bodies. The Moon is in the spotlight, yet we still lack international regulations regarding resource ownership beyond Earth. The United States is moving towards private ownership of space resources through the "Artemis Accords," which conflicts with the concept of "the common heritage of mankind" from the Moon Agreement.
Exploration and exploitation of the Moon possible soon
Space law must evolve to ensure the safe and sustainable commercial travel and exploration of the Moon. Concerns persist over liabilities for damages on the Moon, space traffic management, and strengthening oversight over private partners in space missions. Achieving international consensus should be a priority. Only in this way can we prevent chaos in future space explorations.
