EVALUATING GOVERNANCE AND THE ROLE OF INTERNATIONAL LAW IN PROTECTING NATURAL RESOURCES: SPACE POWERS AND THE MOON AGREEMENT

Abstract

The renewed interest in lunar exploration has prompted a critical re-examination of the international legal framework governing the use of outer space resources. This article explores the role of international law, particularly the Moon Agreement, in regulating access to and protection of lunar resources, such as Helium-3. While existing treaties like the Outer Space Treaty provide foundational principles, they fall short in addressing the emerging realities of space mining and commercial exploitation. The study adopts a qualitative legal methodology, drawing from treaty analysis, state practice, and scholarly literature to assess the extent to which international law can accommodate technological advances and national interests. It argues that the lack of broad ratification of the Moon Agreement reflects a deeper uncertainty about the balance between common heritage principles and national ambitions. The findings suggest the need for a more cohesive and enforceable governance model capable of promoting sustainable and cooperative resource use. This article contributes to ongoing debates on space law by highlighting gaps in current frameworks and suggesting pathways for reform.