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45 J. Space L. 383 (2021)
The Role of Customary International Law in Future Lunar Activities

handle is hein.journals/jrlsl45 and id is 393 raw text is: THE ROLE OF CUSTOMARY INTERNATIONAL LAW IN FUTURE LUNAR ACTIVITIES Nivedita Raju and Heloise Vertadier* ABSTRACT Once humans have a regular presence on the Moon, numerous legal questions will arise. Some we can predict now, while others we cannot anticipate. Adopting multilateral treaties to address each issue arising from the development of lunar communities en- tails consensus-based State-oriented decision-making. As this form of law-making appears increasingly unlikely for the future of lunar and space governance, this article considers how stakeholder be- havior could eventually form new laws through the creation of what is called a customary international norm. This article explores what international customs are, where they take their binding force from and why they would be an interesting way to regulate future human communities in space. We will present examples of the use of inter- national customs in lunar-related activities and review whether we can consider as custom: (1) the Artemis Accords, and (2) the pur- chase of lunar regolith by the National Aeronautics and Space Ad- ministration (NASA). Nivedita Raju is a Researcher at Stockholm International Peace Research Insti- tute (SIPRI). She specializes in space security and also conducts outreach on disarma- ment education. In addition, she is Director of Legal Affairs and Research at Space Court Foundation. Previously, she was a Research Fellow at Open Lunar Foundation. Heloise Vertadier is the project coordinator of the Breaking Ground Lunar Resources Trust cre- ated by the Open Lunar Foundation. She is also a member of the Dubai Courts of Space working group. After training in cyber and aviation law in France, Heloise completed the MSS program at the International Space University and is currently doing a Ph.D. at Otago University in New Zealand. Her thesis is focusing on the future of the law and governance for lunar settlements and is supported via a grant by the Luxembourg Space Agency. 383

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