Beyond Earth: The Ethical and Legal Quandaries of Moon Burials in a Privatized Space Era

In a historic attempt to return to the Moon, NASA faced not only technical challenges but also a clash with ethical and legal dilemmas. The Peregrine lander, owned by US company Astrobotic, carried not just scientific instruments but also human ashes, including those of the renowned science fiction author Arthur C. Clarke. This marked a new frontier in commercial space exploration, where anyone could send their mementos to the moon for a fee, raising questions about the ethical and legal implications of such practices.

Astrobotic's partnership with global freight company DHL allowed individuals to send small packages to the lunar surface for less than $500, introducing the concept of "vanity canisters." While sending personal items into space is not entirely new, with companies like Celestis and Elysium Space offering similar services, the moon burial offered by Astrobotic came with a hefty price tag of around $13,000.

The controversy surrounding this mission extended beyond technical failures. The Navajo people, deeply connected to their cultural beliefs, opposed the use of the Moon as a memorial site. This echoed a similar outcry 20 years ago when NASA carried Eugene Shoemaker's ashes to the Moon, prompting NASA to pledge consultation in the future.

The legal landscape surrounding space activities is a complex and uncharted territory. The Outer Space Treaty declares space the "province of all mankind," prohibiting national appropriation but failing to address the actions of private companies and individuals. The recent Artemis Accords offer protection to lunar sites of historical significance, but these safeguards apply only to government missions, leaving commercial enterprises in a legal gray area.

Questions also arise about the rules in individual nations regarding the location, handling, and transportation of human ashes, with varying regulations worldwide. The emergence of commercial space endeavors adds layers to the ethical and legal maze, requiring nations to reevaluate and possibly expand their existing space laws.

As we step into the cosmos, the failed mission of Peregrine raises critical questions about where to draw the line. Earth's orbit is already cluttered with space debris, and the prospect of mining asteroids and colonizing space looms on the horizon. While the growth of private space enterprises is inevitable and welcomed, the need for a robust legal and ethical framework becomes increasingly apparent.

In this era of space commercialization, where do we place the boundaries on what can be sent into space, and who gets to decide? The failed lunar burial mission serves as a reminder to pause and reflect on the evolving landscape of commercial space activities, urging us to consider the ethical implications of our ventures into the cosmos.