The intersection of space law and cultural preservation : protecting lunar heritage and addressing the environmental implications of space waste

Prema, Elumalai and OV, Ragul; Sadowski, Mirosław M. and Bonaviri, Gianluigi Mastandrea and Ceccotti, Filippo, eds. (2025) The intersection of space law and cultural preservation : protecting lunar heritage and addressing the environmental implications of space waste. In: Heritage in War and Peace IV. University of Strathclyde Publishing, Glasgow. ISBN 9781914241802 (https://doi.org/10.17868/strath.00093369)

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Abstract

Space law and cultural preservation seem oddly paired. However, they are deeply intertwined. Lunar landing sites such as Apollo 11 hold immense historical and scientific significance. However, it is associated with concerns over lunar waste and environmental sustainability. This paper explores the legal and ethical dilemmas surrounding the debris left behind by human missions. These types of debris include those from spacecraft components and biological waste. Space objects remain under the jurisdiction of their country of origin under the 1967 Outer Space Treaty and the 1972 Liability Convention. Moreover, the lack of clear rules in current treaties places lunar heritage at risk of damage caused by humans and harm to the environment. However, these frameworks fail to address the preservation of lunar heritage. The pressing questions are as follows: are the discarded materials safeguarded as cultural artefacts, or are they removed to avoid contamination risks? Furthermore, the increase in the commercialization of lunar activities calls for the urgency of establishing sustainable waste disposal methods. Adding cultural considerations to environmental impact assessments can lead to a more integrated regulatory approach. Environmental law principles such as the precautionary principle suggest the need for proactive measures to prevent irreversible harm. However, practical solutions remain lacking. The robotic clean-up missions could reduce hazards, but there is a danger that they disturb historically significant sites. Without clearer jurisdictional rules, future space missions might harm the shared global aim of protecting space heritage. Balancing heritage preservation and responsible waste management is essential for future lunar exploration. Ultimately, rules for the Moon should change to show that it is important both for the environment and for our shared heritage. This paper argues for a comprehensive international framework to regulate lunar activities to ensure that humanity’s footprint on the Moon will remain both meaningful and sustainable.