How to reconcile space mining with the Outer Space Treaty - Opinion Article
From orbital slots to lunar plots: the ITU could hold the blueprint for space mining’s future
Chris Tolton, CEO of Orbital Mining Corporation, highlights one of the biggest hurdles for future lunar mining: the lack of clear property rights under the Outer Space Treaty (OST). While terrestrial mining relies on tenure systems to grant exclusive access, the OST forbids ownership of celestial bodies, raising concerns that investments in lunar resource sites could be undermined by competitors. To address this, Tolton suggests adapting mining claim systems from Earth—like those in the U.S. and Mexico—while also accounting for lunar-specific challenges such as dust, shading, and surface infrastructure.
Tolton outlines three possible regulatory paths: waiting for the U.N. to act, developing an Artemis Accords based system, or leveraging the International Telecommunication Union (ITU), which already manages orbital slots globally. He argues the ITU is the most practical option, as it provides an accepted, tested framework that could be adapted for lunar mining claims. By combining early FAA guidance on operational safety with ITU’s coordination system, Tolton believes space mining can advance responsibly while remaining compliant with international law.
“In my opinion, there is little difference conceptually between an orbital slot in space and a mining area on the lunar surface. Both take up coordinates in space and create a coordination challenge. For those reasons, the ITU offers an existing solution that has already been accepted by all major space powers and has successfully managed a global commons for over five decades.
How would this work?“
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