India's Strategic Move: Signing the Artemis Accords Propels Space exploration ambitions beyond the Moon Agreement

Exploring the vast unknown of space has always captivated the human imagination, pushing us to reach for the stars and unravel the mysteries of the cosmos. One such endeavour that has garnered international attention is India's upcoming Chandrayaan-3 mission, the country's third lunar exploration mission. Set to build upon the successes and lessons learned from its predecessors, Chandrayaan-1 and Chandrayaan-2, this ambitious mission aims to land a rover on the surface of the Moon, opening doors to scientific discovery and furthering our understanding of Earth's celestial neighbour.

As India has now become a signatory to Artemis Accords, it becomes crucial to conduct a comparative analysis of this international agreement alongside the Moon Agreement. This analysis will shed light on the key differences and similarities between the two frameworks and explore how India's signing of the Artemis Accords can benefit its spacefaring activities.

The Moon Agreement, adopted in 1979, emphasizes the exploration and use of celestial bodies for the benefit of all nations and prohibits claims of national sovereignty. It establishes the concept of the "common heritage of mankind" and encourages international cooperation in space activities. In contrast, the Artemis Accords, initiated by the United States in 2020, provide a set of principles for international cooperation in lunar exploration. These principles emphasize peaceful and sustainable utilization, transparency, interoperability, and the promotion of commercial activities.

Principles and Objectives: The Moon Agreement, adopted in 1979, emphasizes the exploration and use of celestial bodies for the benefit of all nations and prohibits claims of national sovereignty. It establishes the concept of the "common heritage of mankind" and encourages international cooperation in space activities.

On the other hand, the Artemis Accords, initiated by the United States in 2020, outline a set of principles for international cooperation in lunar exploration. The Accords emphasize the peaceful and sustainable utilization of the moon, transparency, interoperability, and the promotion of commercial activities.

While both agreements share the objective of promoting international cooperation in space exploration, the Artemis Accords place greater emphasis on commercial activities and collaboration among like-minded nations.

Property Rights and Resource Utilization: The Moon Agreement takes a restrictive approach to property rights, stating that the moon's resources should be used for the benefit of all countries and shall not create exclusive ownership rights. This provision has been a point of contention among spacefaring nations, as it limits the ability of private entities to claim property rights and profit from lunar resource extraction.

In contrast, the Artemis Accords acknowledge the rights of nations to extract and utilize space resources in accordance with their national laws and international obligations. This provision aligns more closely with the principles of free enterprise and private property rights embraced by many spacefaring nations, including India.

International Cooperation and Collaboration: The Moon Agreement emphasizes international cooperation and the sharing of benefits from space activities. However, its limited ratification and acceptance have hindered its effectiveness as a global framework for collaboration.

The Artemis Accords seek to establish a coalition of like-minded nations committed to cooperative lunar exploration. It provides a platform for countries to share expertise, technologies, and resources, fostering greater collaboration among participating nations. By signing the Artemis Accords, India can strengthen its ties with leading spacefaring nations, gain access to advanced technologies, and collaborate on future lunar missions.

Commercial Space Activities: The Moon Agreement was drafted at a time when commercial space activities were not as advanced as they are today. It lacks specific provisions for regulating private entities engaged in lunar mining, tourism, or other commercial ventures. This lack of clarity poses challenges for companies interested in commercial space activities.

In contrast, the Artemis Accords address the growing importance of commercial space activities by promoting transparency, interoperability, and the exchange of scientific data. It provides a more suitable framework for private entities, including Indian companies, to engage in commercial lunar activities while ensuring responsible and sustainable practices.

Furthermore, the comparative analysis of the Moon Agreement and the Artemis Accords makes it evident that India's signing of the Artemis Accords can significantly benefit India’s spacefaring activities through:

Technological Advancement: By signing the Artemis Accords, India will gain access to advanced technologies, expertise, and infrastructure from participating nations. This collaboration can accelerate India's space exploration capabilities and contribute to the development of its domestic space industry.

Collaborative Opportunities: The Artemis Accords provide a platform for India to collaborate with other spacefaring nations on future lunar missions, scientific research, and technology development. Such collaborations can enhance India's knowledge base, foster innovation, and create new opportunities for scientific and technological exchange.

Commercial Opportunities: The Artemis Accords promote the participation of private entities in lunar activities. Signing the Accords can open doors for Indian companies to engage in commercial space ventures, including lunar resource extraction, tourism, and manufacturing. This can stimulate economic growth, create jobs, and position India as a key player in the global space industry.

Diplomatic Influence: India's participation in the Artemis Accords can enhance its diplomatic standing in the international space community. By aligning with like-minded nations and contributing to the principles of peaceful and sustainable space exploration, India can assert its position as a responsible spacefaring nation and strengthen its influence in shaping the future of space governance.

The comparative analysis of the Artemis Accords and the Moon Agreement highlights the potential benefits of India's signing of the former for its spacefaring activities. While the Moon Agreement emphasizes the notion of the common heritage of mankind and restricts national appropriation, the Artemis Accords present a framework that promotes international collaboration, technological advancement, resource utilization, commercial opportunities, and international recognition. Joining the Artemis Accords would now allow India to tap into the collective expertise and resources of other spacefaring nations, accelerating its technological capabilities and scientific achievements. Moreover, it would open doors for collaboration on lunar missions, facilitating the exchange of knowledge and resources. Additionally, participation in lunar resource utilization and commercial partnerships can foster economic growth and technological innovation within India's space industry. By joining the Artemis Accords, India has now positioned itself as an active participant in global space exploration efforts and have gained leverage in international cooperation to advance its own space program while contributing to the broader goals of peaceful and sustainable space exploration.

Vikrant Rana is the Managing Partner and Vidhi Oberoi is an Associate Advocate at S.S. Rana & Co. The authors would like to thank Shantam Sharma for his research assistance in the article.