Artemis 2 launch: space is one giant leap for lawmakers

However, as well as highlighting the technological and scientific challenges of manned space flight, the programme also emphasises the legal complexities of sending humans beyond earth’s atmosphere.

Dr Alex Simmonds, an expert in space law at the University of Dundee, said, “The Artemis 2 launch is a very exciting time for those with an interest in space, but it also raises interesting legal questions regarding human activities in space. 

“Ahead of the launch of the first spacecraft under the Artemis program in 2023, the United States and NASA set out The Artemis Accords in 2020. They are a non-binding, multilateral agreement between over 60 countries, with China and Russia notable by their absence.

 “The Artemis Accords were created to build an international consensus in this area to provide a framework for the conduct of lunar activities and to possibly pave the way for the future exploration of Mars using the Moon as a 'staging post'.

“With Artemis 2 travelling so close to the moon, it also brings the legal status of the Moon into focus. The 1979 Moon Agreement, effective since 1984, is the most directly relevant international treaty, but it is also the least authoritative owing to the small number of signatories. It also carries very little legal weight. 

“Article 11 (2) of the Moon Treaty states that 'The moon is not subject to national appropriation by any claim of sovereignty, by means of use or occupation, or by any other means'.  For a while there was some debate over whether any kind of appropriation was permitted under International Space Law. However, the 2025 United Nations Committee On the Peaceful Use of Outer Space updated draft appears to pave the way for the appropriation of space resources by private commercial entities whilst excluding 'national’ appropriation.

“Another of the potential legal challenges prompted by Artemis 2 is that of communications latency. Artemis 2 will take human beings further away from the Earth than ever before, which will lead to an increase in the time lag in the communications between the crew and those on Earth owing to the limitations of the speed of light. The crew will be far away enough from the Earth to induce delays of up to three seconds in two-way communications with those at Mission Control. 

“Whilst the observable legal effects of such a delay are likely to be small, legal processes and communications between those on Earth and a crew in a far-off space capsule are liable to become much more distorted. This is a legal matter that needs to be resolved if humans are to venture further into space.

“Any investigation of wrongdoing on board a space craft impacted by significant communications latency undertaken by Earth-based authorities will have to be shaped around this phenomena. For example, the use of ‘leading questions’ or ‘cross-examination’ of any of the crew by an investigator on Earth will be severely undermined by the time lag since the party in deep space will have ample time to think about and anticipate the investigator’s subsequent questions. 

“Contractual matters will also be affected. At what point is an offer sent to a crew member in deep space deemed to have been accepted? When the crew member sends their acceptance or when it is received back on Earth? 

“Assuming that, like the International Space Station, the crew in deep space use Greenwich Mean Time, if an Act of Parliament comes into force in on Earth at midnight, does it also come into force for our deep space crew even though they may be 20 minutes from Earth at the speed of light? Would ignorance of the law be held to be a good excuse if the Act were to be contravened and, moreover, can one be ‘ignorant’ of an Earthly law which is completely impossible to know of because of the laws of physics?”