While the Outer Space Treaty bars ownership of the Moon itself, it leaves unresolved the issue of lunar resources.

Recently, the world marked 56 years since Apollo 11’s historic landing, a milestone that fuelled global interest in lunar exploration. Since then, the United States, the Soviet Union (now Russia), China, and India, whose Chandrayaan-3 mission in 2023 became the first to reach the Moon’s south pole, have all successfully landed spacecraft on the lunar surface. Yet, despite national flags standing in the Moon’s regolith, international law is clear, no nation owns the Moon!

The cornerstone of this legal framework is the Outer Space Treaty of 1967, formally titled the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies. Signed by 109 countries and adopted by the UN General Assembly, the treaty enshrines space as 'the province of all mankind'. It prohibits any national appropriation by claim of sovereignty, use, occupation, or any other means, ensuring that space remains free for exploration and use by all states, for peaceful purposes only.

Despite the treaty, attempts to privatise lunar territory persist. German citizen Martin Juergens famously claimed the Moon belonged to his family, citing an 18th-century gift from King Frederick the Great. In the 1980s, American entrepreneur Dennis Hope founded Lunar Embassy, selling plots on the Moon for around $25 per acre. Similar entities, such as the International Lunar Lands Registry, continue to sell 'deeds' to curious buyers. Yet, under international law, these sales are legally meaningless: neither individuals nor corporations can claim property rights over lunar land.

While the Outer Space Treaty bars ownership of the Moon itself, it leaves unresolved the issue of lunar resources. It does not explicitly forbid the extraction of minerals or water, prompting ongoing debate over who might profit from such activities. As space-faring nations plan permanent lunar stations, NASA’s Artemis mission aims for a crewed return by 2026, and China intends to send astronauts by 2030, questions of resource use and commercial rights have become central to space law discourse.

In 1979, the UN adopted the Moon Treaty, which sought to extend the Outer Space Treaty’s principles by regulating resource exploitation under an international regime. It also reinforced the Moon’s status as the 'common heritage of mankind' and aimed to ensure benefits are shared equitably. However, the treaty failed to attract key space-faring nations, including the US, Russia, and China, who view it as overly restrictive and economically limiting.

In 2020, the United States and partner nations introduced the Artemis Accords, a political (not legally binding) framework to reinforce and modernise the Outer Space Treaty. Signatories commit to peaceful exploration, transparency, interoperability of systems, and the sharing of scientific data. Crucially, the Accords recognise that resource extraction from the Moon and other celestial bodies can be lawful under the Outer Space Treaty, so long as it does not amount to national appropriation. This provision has sparked debate over commercial mining and permanent bases.

Celebrities like the late actor Sushant Singh Rajput and Shah Rukh Khan have been reported to own 'plots' on the Moon through such registries, often purchased by fans as symbolic gifts. Current listings price an acre of lunar land at approximately USD $37.50 (around Rs 3,100). Yet, these certificates carry no legal weight: the Moon remains legally unownable under international treaties. The concept appeals to the imagination but offers no enforceable property rights.

Private spaceflight and planned lunar colonisation have renewed debates over ownership and governance beyond Earth. For now, the Outer Space Treaty protects the Moon as a shared domain, balancing national interests with collective responsibility. As humanity edges closer to becoming an interplanetary species, the challenge will be to reconcile ambition with legal and ethical stewardship, ensuring the Moon remains, in law and spirit, the heritage of all humankind.