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Humans will soon be able to mine on the Moon. But should we? 4 questions to consider
(theconversation.com)
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The current plan is that anyone can go there and they can use whatever they mine but they won't have permanent ownership of a territory. This will be fine in the short term when it's just one or two small research bases.
But your second point doesn't really apply. They will just be mining for water and oxygen and carbon and steel. It will be used for self sustaining the base. The moon didn't have an ocean so there aren't concentrated veins of ore. Everything is pretty evenly mixed so it isn't very good for mining rare metals.
Your first point is pretty distressing. The fact that you can take resources but have no claim will lead to violence pretty quickly if it ever gets developed.
The second point diminishes that. Because the dirt is all the same there is no specific reason to covet one pile of dirt over another. It's more like mining seawater for gold.