CYIL vol. 15 (2024)

JAKUB HANDRLICA base. All these projects have become an integral part of a new international race for space exploration, which has been known as the New Space Era. A prospective establishment of a lunar base has also been discussed in Europe for several decades. 12 In January 2024, a Lunar Habitat Master Plan was presented, which was developed by the Australian studio Hassel in cooperation with the European Space Agency (ESA) and Cranfield University in the United Kingdom. The Lunar Habitat Master Plan contains a scheme for a permanent lunar base for around 150 people. It takes into account not just the reduced gravity and total absence of atmosphere but also all the logistical, physical, and mental support structures needed for such an outpost. Designed around a modular system, the Lunar Habitat is intended to be added to as necessary, with a structural system that uses materials at hand to help fend off solar radiation and the lifeless vacuum of space. The habitats themselves would contain laboratories and living quarters alongside greenhouses and social spaces. There are plenty of challenges ahead before such a megastructure could ever take shape on the Moon. 13 However, the very recently presented Lunar Habitat Master Plan clearly demonstrates Europe’s ambitions in the recent race for a lunar base. Like other currently existing concepts, also the Lunar Habitat Master Plan is primarily based on solar energy. The prospective site of the lunar base on the edge of the Shackleton Crater at the South Lunar Pole was chosen because of the constant sunlight used for energy generation. 14 Reflecting the very recent plans for the deployment of lunar reactors, as presented by the USA, the United Kingdom, China, and the Russian Federation, one must ask if Europe will be capable of taking part in these endeavours. When speaking about prospective European involvement in lunar nuclear activities, the potential involvement of the European Atomic Energy Community (Euratom) seems natural. This is due to the fact that promoting nuclear development in Europe has been Euratom’s primary purpose. The point is however, that so far, neither Euratom’s research programmes nor its legislation has covered space exploration. The leading player in this field in Europe is the ESA, which has also established the European Working Group on Power Sources for Space to address problems that are arising. 15 Thus, Euratom has remained an outsider in the space activities so far. The fact is that in the legal scholarship, there has been a considerably renewed interest in the competencies of Euratom in the last decade. 16 At the same time, considerable attention has been recently paid by the legal academy to the New Space Era. 17 Following the published 12 See MOHANTY, S., IMHOF, B. and VAN SUSANTE, P. J. ‘European Lunar Base Concepts’ in International Conference on Environmental Systems (SAE 2003). 13 See BELL, J. ‘Hassell Studio and ESA create the shape and structure of a future moon base’ Wallpaper (Bath, 20 January 2024) 12. 14 Ibid. 15 See SUMMERER, L., GARDINI, B. and GIANFIGLIO, G. ‘ESA’s Approach to Nuclear Power Sources for Space Applications’ in Proceedings from ICAPP 2007 (ESA 2007). 16 See CENEVSKA, I. The European Atomic Energy Community in the European Union Context: The ‘Outsider’ Within (Brill Nijhoff 2016), SÖDERSTEN, A. Euratom at the Crossroads (Edward Elgar 2018), ENGSTEDT, R. Handbook on European nuclear law: competences of the Euratom Community under the Euratom Treaty (Kluwer International 2020) etc. 17 See BHAT, S., UKEY, D. and VARIATH, A. International Space Law in the New Space Era: Principles and Challenges (Oxford University Press 2024), LYALL, F. and LARSEN, P. B. Space Law. A Treatise (3rd edn, Routledge 2024), SMITH, L. J., BAUMANN, I. and WINTERMUTH, S. (eds), Routledge Handbook of Commercial Space Law (Routledge 2024), BLOUNT, P. J. and HOFMANN, M. (eds), Space Law in a Networked World (Brill 2023), TRONCHETTI, F. Fundamentals of Space law and Policy (Springer International 2023),

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