Summary of the Conference on the Commercial Lunar Landscape and Policy Needs (Nov 17–18, 2025)

 

This conference forms part of the five UNOOSA Strategic Initiatives 2025–2030 (1), specifically the One Moon for All initiative, which benefits from a clearly articulated timeline and budgetary framework. In seeking to preserve the foundational spirit of the Outer Space Treaty (“OST”), the Committee on the Peaceful Uses of Outer Space (COPUOS) has examined a range of initiatives concerned with the governance of lunar operations (2). These include the work of the Working Group on the Legal Aspects of Space Resources and, more recently, the proposal to establish the Action Team on Lunar Activities Consultation (ATLAC). The Committee observed that Articles IX and XI OST impose obligations relating to the exchange of information and the establishment of mechanisms for prior notification. In that regard, the Committee took note of the ongoing work of ATLAC and the Working Group on the Status and Application of the Five United Nations Treaties on Outer Space under the Legal Subcommittee. A view was expressed that the information-sharing mechanism envisioned in Article IX OST, together with efforts to strengthen it, constitutes an important tool for ensuring the continued peaceful use and exploration of outer space.

In this two-day conference, ATLAC presented its work plan and objectives (3). It is developing a consultation and coordination mechanism grounded in the OST, with the aim of mitigating harmful interference, managing communications challenges, protecting sites of scientific or cultural significance, and enhancing information-sharing among States and private operators. ATLAC intends to issue recommendations by 2027 and emphasises the importance of including developing States and academic actors in shaping future lunar governance. The conference (4) contributes directly to this goal.

Discussions concerning space resources are centred on the development of legal frameworks that would enable commercial utilisation while preserving international legitimacy. Luxembourg presented its national legislative experience, particularly in connection with its support for iSpace’s contract with NASA, which constitutes the first commercial transaction involving lunar material (5). This example is being treated as an early test case for the prospective functioning of commercial resource activities within a future lunar economy. It was noted, however, that while the United States is relying on emerging precedents to shape interpretations of the OST, the relevant rules remain unsettled. The examples of iSpace, Luxembourg, and the United States may serve as a blueprint for future development, though some States continue to express reservations. It is worth recalling that, in this context, several delegations urged all States Parties to the 1967 OST to comply in good faith with Article VI and, in particular, to bear international responsibility for national space activities, irrespective of whether those activities are carried out by governmental or non-governmental entities, and further reaffirming that, where activities are conducted by an international organisation, responsibility for treaty compliance rests both with the organisation and with the States Parties participating therein.

The session on nuclear power sources addressed safety considerations pertinent to missions employing nuclear technologies. Participants underscored the need for guidance that is clear, practical, and adaptable to varying mission profiles, and they emphasised the importance of broader and more inclusive participation in developing such guidance.

The ITU-R Working Party 7B and the Space Frequency Coordination Group (SFCG) outlined ongoing efforts to support navigation and timing capabilities in the lunar environment. With multiple national lunar PNT systems under development, a significant need exists for coordination to ensure interoperability. Pre-coordination activities aim to maximise compatibility and enhance mission success through early technical analysis and cooperative planning among lunar-region missions (6). The SFCG, a forum for civil space agencies, has issued relevant instruments, including Resolution A 40-1 on assistance in frequency assignment for lunar missions, and Recommendation 32-2R5 on frequency allocations and sharing for communications, PNT, and lunar search-and-rescue (LunaSAR) applications. Participants recommended that service providers collaborate through the SFCG, and plans were presented for the first joint lunar PNT demonstration in 2029. The need to protect the Moon’s scientific value—especially for radio astronomy—was emphasised, including adherence to ITU Radio Regulations Articles 22.22–22.25 and preservation of the lunar shielded zone. Efforts aim to establish a mutually agreed-upon frequency architecture applicable to all users and service providers operating in or near the lunar environment. The session on spectrum management further highlighted increasing congestion in radio frequencies and the corresponding necessity of careful coordination for lunar missions. Protecting the Moon’s radio-quiet zones for scientific research was identified as a critical challenge. Participants called for improved procedures for frequency filings, enhanced communication among national regulators, and clearer guidance enabling commercial operators to comply with ITU requirements.

Turning to intellectual property, it was noted that, as commercial lunar activities expand, questions concerning the applicability of patents and jurisdictional rules will become more salient. UNOOSA and WIPO continue to cooperate to clarify the application of IP regimes beyond Earth.

Industry representatives outlined practical challenges encountered in lunar orbit, including the absence of a shared trajectory-data exchange system, which elevates collision risks. They called for improved mechanisms for lunar traffic coordination, better access to orbital information, and clear requirements for spacecraft disposal. Surface operators expressed similar concerns, including dust and plume effects, interference among mobile assets, and competition over sites rich in resources or scientific value. When asked to identify priority areas for policymakers, operators emphasised three principal needs: (1) strengthened coordination and transparency mechanisms; (2) interoperable technical standards; and (3) sustainable management frameworks for surface operations and resource extraction.

In conclusion, the conference underscored that achieving a safe, cooperative, and commercially viable lunar environment will depend upon sustained international cooperation, constructive engagement with industry, and policy instruments capable of adapting to technological and commercial developments.

BIBLIOGRAPHY
1) UNOOSA Strategic Initiatives 2025-2030
https://www.unoosa.org/oosa/en/aboutus/partnerships/Strategic-Initiatives.html

2) Report of the Committee on the Peaceful Uses of Outer Space — COPUOS 68th session — A/80/20
https://www.unoosa.org/res/oosadoc/data/documents/2025/a/a8020_0_html/A_80_020E.pdf

3) Workplan of the Action Team on Lunar Activities Consultation(ATLAC) ANNEX 1 p. 42
Ibid.

4) One Moon for All: Supporting ATLAC and Global Lunar Activities
https://www.unoosa.org/documents/pdf/aboutus/Partnerships/One_Moon_for_All_Project_Concept.pdf

5) ispace-EUROPE Secures First-Ever Mission Authorization Under Luxembourg’s Space Resources Law
https://ispace-inc.com/news-en/?p=6660

6) Lunar Spectrum Overview and World Radio Conference Update
https://www.unoosa.org/documents/pdf/icg/2024/WG-B_Lunar_PNT_Jun24/LunarPNT_Jun24_02_01.pdf