A Legal Regime for the Mining of Helium-3 on the Moon: U.S. Policy Options

Absent an agreed international legal framework, attempts by the United States or any other nation or private entity to acquire and bring to Earth significant quantities of He-3 could give rise to controversy and conflict. Consequently, it seems timely to revisit the issue of the legal regime potentially applicable to exploiting He-3 and other lunar resources. Part I of this Article will briefly discuss the technical and economic prospects for the develop of He-3-based fusion energy. Part II lays out the present legal situation concerning the exploitation of lunar resources such as He-3.

Part III analyzes whether it is prudent for the United States to seek an international lunar resource regime. Concluding that it would be, Part IV provides possible policy options for the United States concerning the establishment of an international legal regime capable of facilitating the development of He-3-based fusion energy.