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The Moon and Mars Urgently Need Environmental Law

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Abstract

If one had the chance to save a new continent, hardly touched by human hands, a continent rich with opportunity due to its unspoiled nature, I know of no environmentalist that would advocate for rapid exploitation and plundering of that land. And if that land were already on the drawing boards of mining and extraction companies, planning roads, housing, and all that is necessary to start commercial severance of the riches of that land, would environmentalists stand by and take no effort to seek legal protection for that nature?
But that is essentially the case presented today, with such plans drawn up for the Moon and Mars, to harvest their waters and take their minerals. The legal protections offered to the fragile environments found there are indeed a vacuum of law, it barely exists. And beyond them, other destinations also offer prospects of life and fragile ecologies. Even now, ESA is sending the Jupiter Icy Moons Explorer (JUICE) and NASA the Europa Clipper towards Jupiter to seek life on its moons. And the moons Europa, Ganymede and Callisto are potentially water rich, and thus potentially bearing lifeforms yet unknown.
This chapter presents an argument that the Moon, Mars, and planets, moons, and asteroids beyond our Earth contain environments deserving more rigorous legal protection than currently provided. That existing legal protections from existing space law do not suffice. That we can do better. And must do so soon.
Original languageEnglish
Title of host publicationBy The End Of The Day
Subtitle of host publicationLiber Amicorum Michael Faure
EditorsNiels Philipsen, Sarah Schoenmaekers, Louis Visscher, Franziska Weber
Place of PublicationNetherlands
PublisherWolters Kluwer
Chapter12
Pages167-182
Number of pages15
ISBN (Print)9789013176803
Publication statusPublished - 4 Sept 2025

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

  1. SDG 6 - Clean Water and Sanitation
    SDG 6 Clean Water and Sanitation
  2. SDG 11 - Sustainable Cities and Communities
    SDG 11 Sustainable Cities and Communities
  3. SDG 13 - Climate Action
    SDG 13 Climate Action
  4. SDG 16 - Peace, Justice and Strong Institutions
    SDG 16 Peace, Justice and Strong Institutions

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