Moon Treaty of 1979

Introduction

The Moon Treaty of 1979 is an agreement among the nations of the world that establishes certain principles governing the use and exploration of the moon. The treaty was accepted by the U.N General Assembly in 1979, and came into effect in 1984 (Nizamuddin et al., 2022). As of March 2018, 105 nations have signed the treaty, and 23 have ratified it. This paper will focus on the historical context of the Moon Treaty, its significance and the long term impacts if had on the commercial aviation industry.

Historical Context

The Moon Treaty was the product of nearly a decade of negotiations among the major powers involved in space exploration. The Soviet Union, U.S and China were the primary negotiators, although more than two dozen nations were represented in the talks (Nizamuddin et al., 2022). The treaty was first proposed in 1969, just after the U.S landed astronauts on the moon. At that time, the Soviet Union and the U.S were the only nations with the capability to send humans to the moon, and there was a real possibility that one or both countries could establish military bases there (Shri, 2021). The treaty was designed to head off this possibility by establishing clear rules for the use of the moon.

In 1969, Buzz Aldrin and Lance Armstrong were among the first humans that stepped into the other celestial bodies which marked the end of unofficial visit to the space era. Before they landed into the moon, an Outer Space Treaty was established to enable countries to visit the space in peace and forbidden the use of weapons in the outer space. Considerably, the policymakers argued that the outer galaxy was an atmosphere that was remote to everybody and should not be used by nations as a battle ground. There were different multilateral agreements that were passed to regulate the operations in the outer space but the Moon Treaty of 1979 was the fourth and final agreement.

The Moon Treaty forbids any nation from appealing dominion over any part of the moon. It also bans military activity and weapons testing on the moon. The treaty was signed by 66 countries, but it has only been ratified by 18 of them. The Moon Treaty was a response to the success of the Apollo program, which saw American astronauts land on the moon in 1969 (Nizamuddin et al., 2022). The Apollo program was the first time humans had traveled to another world, and it sparked a lot of interest in space exploration. The treaty was designed to establish rules for future space exploration, and to prevent the militarization of space.

The Significance of the Moon Treaty at the Time

The Moon treaty supplemented the outer space treaty. The treaty prohibits any nation from claiming sovereignty over the moon or any other celestial body, and establishes that the moon should be used for diplomatic uses only. The treaty also calls for international collaboration in the probe and use of the moon, and sets forth principles for the sharing of any resources that may be found there (Cannon et al., 2022). Therefore, the Moon Treaty focused on specific regulation operations of nations in space. This would provide an global regime that would oversee the use of natural resources in space.

The Moon Treaty was an attempt to codify the 1967 Outer Space Treaty. The Outer Space Treaty had been ratified by over 100 countries and established the legal structure for global space law. It declared that space was the “province of all mankind” and that countries should not place weaponries of mass demolition in orbit (Schladebach, 2018). The treaty also prohibited the use of the moon to participate in any threats related to earth or commit any hostile activities. For instance, the state parties were not required to place an orbit within the Moon objects or carry any nuclear or mass destruction weapons in the Moon.

The Moon Treaty went further than the Outer Space Treaty in several respects. It banned military action on the moon. It also established that all nations have an equal right to use the moon’s properties. The treaty called for the formation of a global body to govern activities on the moon. Considerably, through the Moon Treaty, state parties are obliged to informing the UN Secretary General, the global scientific community and the public, to the utmost scope feasible and achievable, of their activities linked to use and assessment of the moon (Schladebach, 2018). Information regarding the locations, time, purposes, duration and orbital parameters are to be given with respect to their mission to the moon before launching. Relatively, the outcomes of the mission comprising of the scientific results should be given upon accomplishment.

State of Aviation in America Before 1979

The United States experienced a period of unrest among governments during the 1970s and 1980s. This was arguably the peak period of Cold War between the communist countries and the western world. There was a growing amount of technology which was constantly changing the way people live and associate with the outside world especially in the aerospace and aviation industry (Blount, 2018). The jet powered aircraft and the rocket technology were among the noticeable technologies that arose within the era. Commercial air travel in the United States was still in its infancy in 1979. The first regularly scheduled flights did not begin until the 1920s, and it would be another decade before the airlines began to develop into the major industry they are today. At the time of the Moon Treaty negotiations, there were only a handful of commercial airlines operating in the country.

U.S. government was also heavily involved in the aviation industry. The Civil Aeronautics Authority (CAA) was established in 1938 to regulate the fledgling industry. The CAA was later absorbed into the Federal Aviation Administration, which is accountable for controlling all aspects of civil aviation in the United States. The government’s role in the aviation sector has been a contentious issue over the years. The Moon Treaty of 1979 was negotiated at a time when the role of the government in the aviation industry was becoming increasingly controversial. The treaty was designed to regulate the utilization of outer space, containing the moon, by establishing a legal structure for the use of moon resources (Nizamuddin et al., 2022). The treaty also established principles for the peaceful utilization of outer space as well as cooperative efforts to explore and utilize space resources.

The Long-Term Impacts on the Commercial Aviation Industry

The treaty was negotiated in the 1970s and signed in 1979. It has been criticized by some as being too restrictive, and it has been largely ignored by the U.S and other countries. The treaty does have some supporters, though. They argue that it is important to establish rules for the future exploitation of space resources, and that the moon should be preserved as a place of peace and scientific research (Weeks, 2020). Therefore, the Moon Treaty of 1979 was an initiative signed by the Soviet Union with a primary goal of to offer necessary legal principles that would govern the behavior of nations, global organizations and individuals that explored the celestial bodies. They argue that it is important to establish rules for the future exploitation of space resources, and that the moon should be preserved as a place of peace and scientific research.

The Moon Treaty of 1979 has had a significant impact on the aviation industry. The treaty ensures proper exploitation of natural resources in the moon and outer space. The treaty also establishes principles for the effective utilization of the outer space and cooperative efforts to explore and utilize space resources. The impact of the treaty was felt most keenly in the United States, where the treaty was ratified by the Senate in 1980 (Singh, 2020). The treaty restricted the activities of commercial bodies in outer space, including the mining of resources and the operation of space habitats. The treaty also placed limits on the deployment of military assets in outer space. The United States government subsequently passed legislation to comply with the treaty, and the aviation industry was forced to adapt to the new restrictions. The treaty has been criticized for its impact on commercial activity in outer space, and for its failure to address the problem of space debris.

Conclusion

In summation, The Moon Treaty was created in response to growing concerns about the militarization of space and the potential for conflict over natural resources. The treaty prohibits the founding of military centers, weapons testing, and the exploitation of natural resources on celestial bodies. It also requires signatories to provide for the free exchange of scientific information and to collaborate in the investigation and utilization of outer space for peaceful drives. The treaty was accepted by twelve countries, including the U.S, Soviet Union, and United Kingdom. However, it has only been ratified by six nations, and the United States is not one of them. The treaty has been criticized for its lack of enforcement mechanisms and for its failure to address the issue of space debris. Some argue that the treaty is outdated and no longer reflective of the realities of space exploration. Others believe that it is still an important document that should be adhered to in order to guarantee the diplomatic use of outer space. The Moon Treaty of 1979 is a significant document that failed to gain widespread support. However, it remains an important agreement that should be considered when discussing the future of space exploration.

Moon Treaty of 1979 Homework: References

Blount, P. J. (2018, May). Innovating the law: fifty years of the outer space treaty. In Innovation in Outer Space: International and African Legal Perspective (pp. 31-52). Nomos Verlagsgesellschaft mbH & Co. KG.

Cannon, K. M., Abbud-Madrid, A., Dreyer, C., & Sowers, G. (2022). Space Resources: Leading the Way to a Prosperous Future. New Space.

Nizamuddin, T. I. M. T. M., Dian, A. M., Ahmad, J., & Ikhsan, M. I. (2022). Protection of The Common Heritage of Mankind-The Moon. Social Sciences, 12(8), 275-281.

Schladebach, M. (2018). Fifty Years of Space Law: Basic Decisions and Future Challenges. Hastings Int’l & Comp. L. Rev., 41, 245.

Shri, A. (2021). Property Rights in Outer Space. International Journal For Legal Research And Analysis.

Singh, Y. (2020). Space Law-Spatial Issues. Supremo Amicus, 22, 10.

Weeks, E. E. (2020). Lessons from International Space Law: The Role of International Relations in Governing Global Commons Regions. The Yearbook of Polar Law Online, 12(1), 434-453.

Works Jr, J. H. (2020). The Moon Treaty. Denver Journal of International Law & Policy, 9(2), 11.