Commercial Space Activities Under the Moon Treaty

This paper examines the apprehension of private enterprise to invest funds in a moon activity requiring sharing of profits with States that had not shared in the risks involved. In light of the Treaty's negotiated history, conclusions made are that the nature of the sharing has not yet been determined; that such must await a subsequent separate treaty negotiation for the governing international regime when exploitation "is about to become feasible," an eventuality perhaps thirty or more years from now; that in the interim, there is no moratorium on exploitation and States may authorize their governmental and nongovernmental entities to undertake exploitation of the moon's resources.