Greenberg Traurig - Foundations of the Moon

Foundations for the Moon

Legal stability and the future of lunar operations

Skip Smith
Based on an interview with

Skip Smith
Chair, Space & Satellite Industry Group
Greenberg Traurig, LLP

The next era of lunar activity will require more than rockets and robotics. It will require confidence.
As governments and commercial companies prepare for sustained operations on the Moon, legal stability is emerging as one of the most important foundations for long-term investment. Infrastructure, resource extraction, communications systems, and surface operations all depend on a framework that gives operators confidence they can safely build, operate, and grow.

That stability is directly tied to financing. Investors are unlikely to commit large amounts of capital to lunar development without a reasonably predictable legal and operational environment. 

FROM TREATIES TO OPERATIONS

The foundation for today’s discussions still begins with the Outer Space Treaty, which established broad principles for the peaceful exploration and use of space.

The treaty states that space is free for exploration and use while also prohibiting national sovereignty claims over celestial bodies. That balance continues to shape how nations and companies approach lunar activity today. 

The Artemis Accords expand on those principles by outlining operational concepts such as transparency, interoperability, and the avoidance of harmful interference between lunar operators.

As activity grows, those broad principles will increasingly require more detailed implementation agreements, operational coordination, and practical standards.

SAFETY ZONES AND LIABILITY

One area already moving toward operational reality is the concept of safety zones.

Rather than functioning as territorial claims, safety zones are intended to protect personnel, equipment, and infrastructure during potentially hazardous activities such as landings, excavation, and resource operations. 

That distinction becomes especially important in an environment where multiple operators may work in close proximity. A landing vehicle that ejects lunar regolith near another installation could damage equipment, disrupt operations, or create liability concerns. Existing agreements such as the Liability Convention may eventually play a larger role as lunar activity becomes more commercially active.

In many ways, lunar operations are beginning to resemble the early development of other large-scale infrastructure environments where safety, coordination, and operational predictability became essential to growth.

TRANSPARENCY IN A
COMMERCIAL ENVIRONMENT

As commercial participation expands, transparency introduces another challenge to the mix: balancing coordination with the protection of intellectual property and trade secrets.

Operators may need to share mission plans, operational timelines, and safety information while still protecting proprietary technologies, trade secrets, and commercial processes. 

That balance is likely to shape how future lunar partnerships, contracts, and operational agreements are structured.

BUILDING THE LEGAL LAYER
OF THE LUNAR ECONOMY

A large-scale lunar development will likely depend on multinational public-private partnerships similar to major infrastructure projects on Earth.

The scale and cost of operating on the Moon will encourage governments, private industry, and international partners to share risk, investment, and operational responsibility. The framework does not need to be created from scratch. Existing frameworks such as the International Space Station agreements may provide useful models as lunar systems evolve. 

The Moon is steadily transitioning from exploration toward infrastructure. Communications systems, navigation networks, power generation, resource operations, and logistics corridors are beginning to take shape.

As that happens, the legal frameworks supporting those activities may become just as important as the technologies themselves.

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THE OUTER SPACE TREATY

Signed in 1967, the Outer Space Treaty established the foundational principles governing activities beyond Earth. The Outer Space Treaty provides the basic framework on international space law, including the following principles:

  • the exploration and use of outer space shall be carried out for the benefit and in the interests of all countries and shall be the province of all mankind;
  • outer space shall be free for exploration and use by all States;
  • outer space is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means;
  • States shall not place nuclear weapons or other weapons of mass destruction in orbit or on celestial bodies or station them in outer space in any other manner;
  • the Moon and other celestial bodies shall be used exclusively for peaceful purposes;
  • astronauts shall be regarded as the envoys of mankind;
  • States shall be responsible for national space activities whether carried out by governmental or non-governmental entities;
  • States shall be liable for damage caused by their space objects; and
  • States shall avoid harmful contamination of space and celestial bodies.

THE ARTEMIS ACCORDS: AT A GLANCE

The Artemis Accords are a set of non-binding principles that guide how nations and their partners conduct civil space activities. Introduced in 2020, the Accords build on existing international space law and provide practical guidance for operations on the Moon and beyond.

They are designed to support a growing, multi-actor environment that includes both government and commercial participants.

What They Are

  • A political commitment, not a treaty 
  • Grounded in the Outer Space Treaty and related agreements 
  • Focused on civil exploration and the use of space 
  • Intended to guide activities on the Moon, Mars, and other celestial bodies 

Core Principles

The Accords outline key areas that shape how missions are planned and executed:

  • Peaceful purposes 
  • Transparency 
  • Interoperability 
  • Emergency assistance 
  • Registration of space objects 
  • Release of scientific data 
  • Preservation of space heritage 
  • Space resource utilization 
  • Deconfliction of activities (including safety zones) 
  • Orbital debris mitigation 

How They Work in Practice

  • Implemented through bilateral and multilateral agreements 
  • Applied via mission planning, contracts, and coordination mechanisms 
  • Extended to commercial actors through national oversight 

This approach allows principles to be translated into operational behavior without requiring new international treaties.

Why They Matter

  • Provide clarity for a growing number of participants 
  • Enable coordination in shared operational environments 
  • Support safe and sustainable activity on the Moon 
  • Create a foundation for long-term presence beyond Earth 

The Artemis Accords connect decades of international law to the realities of modern space activity, helping to guide how missions operate, how partners collaborate, and how the lunar environment is used over time.