The peaks of eternal light:An imminent property issue on the Moon

• Main Authors: Elvis, M., Milligan, T., Krolikowski, A.
• Format: Article in Journal/Newspaper
• Language: English
• Published: 2018
• Subjects: Ethics; Moon; Policy; Resources; South Pole; South pole
• Online Access: https://kclpure.kcl.ac.uk/portal/en/publications/the-peaks-of-eternal-light(182e842a-5bdd-494c-9aaf-a45d2b2546f6).html; http://www.scopus.com/inward/record.url?scp=85065326497&partnerID=8YFLogxK

The Outer Space Treaty declares the Moon, and other celestial bodies, to be the 'province of all mankind (Article I) and excludes 'national appropriation' of any portion of its surface (Article II). However, OST is a treaty of principles. Interpreting these principles might permit a close approximation to a property claim, or 'quasi-property'. The concept of "appropriation" is itself not without ambiguities. We illustrate the potential for quasi-property on celestial bodies by considering the "Peaks of Eternal Light". They cover a total of only about one square kilometer of the lunar surface but are valuable as a continuous power source location for bases or mining operations. We consider a thought experiment in which a solar radio telescope is placed on the Peaks of Eternal Light at the lunar South pole for scientific research. Its operation would require non-disturbance, and hence, according to Article IX, the Peak must remain unvisited by others. This scientific experiment would effectively establish a de facto appropriation. The exclusion zone could be quite large, including points on the horizon seen from the Peak. Such a telescope would be relatively easy to emplace with today's technology and so poses a near-term property issue on the Moon. The possibility of creating quasi-property under the OST raises significant policy issues involving justice and the safeguarding of scientific practice on the lunar surface.