The Moon that Owns Itself: Exploring New Legal Avenues to Protect Cultural and Natural Heritage in Space

Abstract

This chapter puts forth new ideas in relation to the debate surrounding the protection of culturally and historically valuable objects and sites on the Moon, chief among them the Apollo landing sites. This is done in the context of mounting calls for declaring these locations World Heritage sites, particularly given the context of heightened interest on the part of countries around the world in undertaking new Moon missions, and accordingly an analysis and classification is presented regarding human activities on the surface on the Moon. Debates in the literature are highlighted, key legal principles contained in the body of international space law are discussed, and the concepts and definitions of heritage as per the World Heritage Convention are explored. Arguments are then made in favour of considering all potential heritage sites on the Moon as constituting mixed heritage (both cultural and natural), as well as granting the Moon its own legal status and personhood, as has happened recently on Earth in relation to rivers, forests, and mountains in New Zealand and India. This could potentially avoid legal pitfalls related to appropriation, while protecting the Moon and the sites from harm.