In defence of shadows: legal protection of the Dark Side of the Moon

Resumo

A new space race seems to have begun in recent years. It involves new actors, new interests, new goals, new technologies. Therefore, the exploitation of space resources represents one of the most critical aspects to consider, and urgent is a careful assessment of the consequences of new and advanced space activities. While the defence of the space environment from uncontrolled pollution falls under the protection granted by Article IX of the 1967 Outer Space Treaty, in the last decades space scientists have been advocating for a specific protection of a portion of the Dark Side of the Moon and the space above it. The mass of the Moon, in fact, shields such area from radio interferences coming from the Earth and the satellites, potentially allowing particular observation of the universe free from human contamination from it. The indeed fascinating project is now in seek of a legal recognition, for effectively binding space stakeholders and protecting a unique natural environment, in the name of science. The present contribution, thus, aims to present in details such an ambitious initiative, while recapping the legal tools that can, in the meantime, provide temporary protection to the Moon far side.