Barriers and Gateways to Preserving Our Place in the Cosmos: The Legal and Geopolitical Dimensions of Protecting Heritage Sites in Outer Space

The current debates over the protection of outer space heritage have been intense, fascinating, and, at times, a concerning exercise in futility for those committed to safeguarding the collective history of human space exploration. While the U.S.-led Artemis Accords have highlighted the importance of protecting cultural artefacts and sites in space, problems with the interpretation of key principles of the Outer Space Treaty, such as non-appropriation, jurisdiction, and due regard, an increasing commercial presence in space, and concerns about the application of safety zones complicate the present legal landscape. This article synthesises these issues and then proposes some steps towards an optimal governance system within the current nexus of international agreements and unpredictable geopolitical circumstances. Given these tensions, outer space heritage protection should be carried out under an international legal framework that bridges space law and space archaeology principles. The article suggests a two-tiered approach to space heritage governance. First, in the long-term, a framework inspired by elements of the World Heritage Convention could provide specialised classification, identification, and protection systems considering the different types of heritage and their universal value. Second, in the short-term (because establishing such a complex legal instrument will undoubtedly be slow), and separate from the geopolitical exigencies that underpin the Artemis Accords and its rival initiative, China’s International Lunar Research Station Agreement, a series of heritage-specific bi-and-multilateral agreements between the nations with objects on celestial bodies would foster targeted international cooperation. Ultimately, it is up to individual nations to show political leadership and provide a sustained commitment to safeguard humanity’s collective place in the cosmos. Failure to do so will leave a troubling legacy for future generations.