ENVIRONMENTAL PROTECTION IN OUTER SPACE: LEGAL CHALLENGES IN REGULATING SPACE DEBRIS AND EXTRATERRESTRIAL MINING ON THE MOON AND MARS

AUTHOR – SAMSON ALBERT S, STUDENT AT VINAYAKA MISSION’S LAW SCHOOL, CHENNAI

BEST CITATION – SAMSON ALBERT S, ENVIRONMENTAL PROTECTION IN OUTER SPACE: LEGAL CHALLENGES IN REGULATING SPACE DEBRIS AND EXTRATERRESTRIAL MINING ON THE MOON AND MARS, INTERNATIONAL JOURNAL OF SPACE LAW AND POLICY (IJSLP), 3 (1) OF 2025, PG. 74-83, APIS – 3920 – 0014 & ISSN – 2584-1955

Abstract

The rapid expansion of human activity in outer space has transformed what was once an aspirational frontier into a pressing legal and environmental concern. The rise of space debris in Earth’s orbit and the looming reality of mining operations on the Moon and Mars present complex challenges for international law. While treaties such as the Outer Space Treaty of 1967 and the Moon Agreement of 1979 laid the foundation for peaceful and cooperative use of outer space, they remain inadequate in addressing the environmental and sustainability issues posed by modern technological developments.

This paper explores the legal gaps in the current framework, focusing on two critical areas: the management of space debris and the regulation of extraterrestrial mining. It highlights the shortcomings of existing liability mechanisms, the difficulty of enforcing responsibility for orbital pollution, and the tension between the non-appropriation principle and growing commercial interests in celestial resources. By analysing these challenges, the research underscores the urgent need for reform in space law to safeguard the extraterrestrial environment.

Drawing on comparative lessons from the Antarctic Treaty System, the United Nations Convention on the Law of the Sea, and global environmental principles, this study argues for a more comprehensive legal framework for outer space. Principles such as precaution, polluter-pays, and the common heritage of mankind are identified as essential tools to ensure responsible exploration and equitable access to resources. The paper further recommends the establishment of an international regulatory authority to oversee space resource activities and to promote sustainability and cooperation among states.

The conclusion emphasizes that the protection of outer space is not merely a legal necessity but a moral imperative. Preserving this shared domain requires a balance between scientific advancement, commercial exploitation, and environmental stewardship to ensure that the benefits of outer space exploration are enjoyed by present and future generations.

Keywords: Space Law, Space Debris, Lunar Mining, Martian Mining, Outer Space Treaty, Moon Agreement, Environmental Protection, Common Heritage of Mankind, International Cooperation, Sustainability.