By Hanlon, Michelle L.D.
Flags and footprints played a key role in the first space race. Landing on the moon is now considered old news, decades later. Power is key to the new race’s ability to build there.
China reportedly revealed plans in April 2025 to construct a nuclear power plant on the moon by 2035. Its intended international lunar research facility would be supported by this plant.When acting NASA Administrator Sean Duffy allegedly proposed that a U.S. reactor would be operational on the Moon by 2030, the United States retaliated in August.
This isn’t precisely breaking news, even though it could feel like a sudden sprint. To power lunar bases, mining activities, and long-term housing, NASA and the Department of Energy have been discreetly constructing tiny nuclear power plants for years.
I view this as a strategic infrastructure race rather than an armaments competition since I am a space lawyer who is interested in long-term human advancement into space. And influence is what infrastructure is in this instance.
Although it sounds dramatic, a nuclear reactor on the moon is not unusual nor prohibited. When used properly, it might let nations test out technology for deeper space missions, improve their economies, and conduct peaceful lunar exploration. However, constructing a reactor also brings up important issues related to power and access.
The legal framework already exists
The concept of nuclear power in space is not new. Since the 1960s, the Soviet Union and the United States have powered satellites, Mars rovers, and the Voyager probes with radioisotope generators, which use trace amounts of radioactive elements, a form of nuclear fuel.
A nonbinding resolution known as the United Nations 1992 Principles Relevant to the Use of Nuclear Power Sources in Outer Space acknowledges that nuclear energy might be necessary for missions when solar power is not enough. This resolution establishes standards for international collaboration, safety, and openness.
The peaceful application of nuclear power on the moon is not prohibited by international law. However, how nations implement it is what counts. Additionally, the first nation to achieve success could set the standard for conduct, expectations, and legal interpretations pertaining to the presence and effect of the moon.
Why being first matters
Space activity is governed by the 1967 Outer Space Treaty, which has been ratified by all of the major spacefaring nations, including the United States, China, and Russia. States must act with appropriate consideration for the comparable interests of all other States Parties, according to Article IX.
According to the remark, neighboring nations must physically and legally avoid a nuclear reactor if one is positioned on the moon. It creates a line on the lunar map, in effect. On the Moon and beyond, the reactor might subtly influence what nations do and how their actions are viewed legally if it serves as the foundation for a larger, long-term facility.
While promoting collaboration, other articles in the Outer Space Treaty impose comparable rules on conduct. They clearly forbid territorial claims or assertions of sovereignty, but they do state that all nations have the freedom to study and access the Moon and other celestial bodies.
The pact also recognizes that nations have the right to set up installations, like bases, and that they can use that authority to restrict access. As a measure of transparency, foreign visits are welcomed, but they must be preceded by prior consultations. This gives operators a certain amount of control over who can enter and when.
Staking a geographical claim is not the same as building infrastructure. The Moon is not anyone’s property, but if one nation installs a reactor, it may influence the functional, if not legal, location of other nations.
Infrastructure is influence
A nation’s presence in a particular location is established via the construction of a nuclear reactor. This concept is particularly crucial for resource-rich regions like the lunar south pole, where ice discovered in permanently shaded craters may be used to power rockets and support lunar bases.
Since several nations wish to establish bases or carry out research in these desirable areas, they are both geopolitically sensitive and scientifically important. Establishing infrastructure in these regions would solidify a nation’s access to the resources there and might prevent other nations from doing the same.
Radiation hazards may be a concern for critics. Reactors create new operational and environmental risks even if they are built for peaceful purposes and are appropriately contained, especially in a hazardous environment like space. However, strict safety procedures are outlined in the U.N. rules, and adherence to them may allay these worries.
Why nuclear? Because solar has limits
The Moon suffers 14-day periods of darkness and has a little atmosphere. Sunlight never reaches the surface of some shaded craters, which are likely to contain ice. Solar energy is unreliable, if not impossible, in some of the most crucial areas due to these problems.
A tiny lunar reactor might power rovers, habitats, 3D printers, and life-support equipment for ten years or longer. The foundation of long-term human activity may be nuclear power. Additionally, this capability is crucial for expeditions to Mars, where solar power is even more limited, so it’s not only about the Moon.
A call for governance, not alarm
The US has a chance to take the lead in governance as well as technology. It will inspire other nations to follow suit if it pledges to openly share its plans, adhere to Article IX of the Outer Space Treaty, and reaffirm its commitment to peaceful usage and international engagement.
Whoever plants the most flags won’t decide the Moon’s future. Who builds what and how will determine it. That future might require nuclear power. It would be safer for nations to achieve that future if they built publicly and in accordance with international standards.
A reactor on the moon does not constitute a declaration of war or a territorial claim. However, it is infrastructure. And in the upcoming era of space exploration, infrastructure will be the means by which nations demonstrate their power of all types.
Michelle L.D. Hanlon is a professor at the University of Mississippi who teaches air and space law.
