SWF Statement – UN COPUOS LSC, Agenda Item 10: Legal Models for Space Resource Activities (March 2023)

Secure World Foundation provides legal and policy perspectives on the development of governance frameworks for space resource utilization, with a focus on lunar resources in the near- to medium-term. The statement supports practical, modest frameworks that are adaptable, enforceable, and grounded in the realities of upcoming lunar missions.

Key themes and initiatives include:

• Lunar-Centric Approach:
  Emphasizes that space resource activities will most likely occur on the Moon in the foreseeable future. Thus, governance efforts should prioritize lunar exploration, with adaptable models for other celestial bodies later.
• Application of OST Principles:
  Calls for frameworks to address Article IX of the Outer Space Treaty, especially the "due regard" principle, and their implications for interoperability, coordination, and non-interference among actors.
• ITU Analogy:
  Notes that while orbital positions and spectrum are not covered in this Working Group, the ITU regime offers a precedent for managing resources based on rational, equitable, efficient, and economical use—an approach that could be mirrored in lunar governance.
• Interdisciplinary Governance:
  Legal models must integrate economic, scientific, technical, and environmental considerations. The Hague Building Blocks and related commentary are cited as examples of a comprehensive, interdisciplinary approach.
• GEGSLA and Lunar Policy Handbook:
  SWF contributed to the Global Expert Group on Sustainable Lunar Activities (GEGSLA), whose final framework on peaceful and sustainable lunar activity was published in February 2023.
  SWF also helped release the Lunar Policy Handbook, created with partners like SGAC, For All Moonkind, and Open Lunar Foundation, offering guidance for policymakers and lunar operators.
• Invitation to Delegates:
  Delegations were invited to a side event for the GEGSLA framework and the Lunar Policy Handbook launch.